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HomeMy WebLinkAbout08-2975i? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICELEE GRAF, WILLIAM S. GRAF and MARGARET L. GRAF, Plaintiffs, V. DONNA and RICHARD H. FETTERMAN, SR. and CATRINA M. HAMILTON-DRAGER and PHILLIP DANIEL DRAGER, Defendants. No. 08 - NIS CIVIL ACTION IN EQUITY NOTICE TO DEFEND - AVISO IMPORTANTE C&vz 1 Term You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. • j YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Usted esta en rebeldia porque ha fallado de [tomar la accion requerida en este caso. A menos que usted tome accion dentro de los proximos diez (10) dias de la fecha de este aviso, se puede dictar un fallo en contra suya sin llevarse a Cabo una vista y usted puede perder su propiedad y otros derechos importantes. Usted debe llevar este documento inmediatamente a su abogado. Si usted no tiene un abogado o no puede pagar uno, vaya o llame la oficina abajo indicada para que le informen donde puede consequir ayuda legal.] Registrar comparecencia escrita por si mismo o a traves de un abogado y someter con la corte sus defensas u objecciones a los cargos que se han presentado contra usted. A menos que usted actue dentro de diez dias de haber recibido este aviso, la corte puede tomar una decision en contra suya sin tener derechos a una vista y usted puede perder su propiedad u otros derechos importantes. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PRO?VEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717.249.3166 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICELEE GRAF, WILLIAM S. GRAF and MARGARET L. GRAF, Plaintiffs, V. DONNA and RICHARD H. FETTERMAN, SR. and CATRINA M. HAMILTON-DRAGER and PHILLIP DANIEL DRAGER, Defendants. No. op- -7,* 7,r ('urn.! 7-,e. CIVIL ACTION IN EQUITY COMPLAINT IN EQUITY This is an action to quiet title or, in the alternative, to reform the deeds for three adjoining property owners to provide that each property owner shall pay a proportional share of electricity costs associated with drawing water from a common well. 1. The Parties 1. Margaret L. Graf resides at 3581 Ritner Highway, Newville, Cumberland County, Pennsylvania. 2. Alicelee Graf and William S. Graf took by deed a certain piece of farm property (referred to in this Complaint as the "Farm Property") 11 and conveyed it to their daughter Margaret L. Graf (Collectively the Graf family is referred to as "Grafs" or "Plaintiffs"). 3. Donna and Richard H. Fetterman, Sr. reside at 3571 Ritner Highway, Newville, Cumberland County, Pennsylvania (collectively referred to as the "Fettermans" or "Defendants"). 4. The Fettermans own a piece of property which draws water from a well on the Graf Farm Property. 5. Catrina M. Hamilton-Drager and Phillip Daniel Drager reside at 3573 Ritner Highway, Newville, Cumberland County, Pennsylvania (collectively known as the "Dragers" or "Defendants"). 6. The Dragers, own a piece of property which also draws water from a well on the Graf Farm Property. II. The Graf Chain of Title 7. In 2004, Alicelee Graf and William S. Graf took by deed a certain piece of Farm Property from Stanley and Sharon Spencer. 8. The 2004 Graf deed did not contain any easements for water or well usage. 9. In 1991, Stanley and Sharon Spencer took the Farm Property by deed from Stanley Spencer by deed. 10. The 1991 Spencer deed did not contain any easements for water or well usage. 11.In 1986, Stanley Spencer took the Farm Property by deed from Stanley Spencer and Mary Jane Spencer (as single woman). 12.The 1986 Spencer deed did not contain any easements for water or well usage. 13.In 1975, Stanley Spencer and Mary Jane Spencer took the Farm Property by deed from Stanley Spencer and Mary Jane Spencer (as husband and wife). 14.The 1975. Spencer deed did not contain any easements for water or well usage. 15. In 1967, Stanley Spencer took the Farm Property from his father by deed. 16.The 1967 Spencer deed did not contain any easements for water or well usage. 17.In 1960, Stanley's father took the Farm Property by deed from Frank and Maude Spencer. 18.In 1938, Frank Spencer took the Farm Property from Marian Graham. 19.The 1938 Spencer deed did not contain any easements for water or well usage. 20.Accordingly, the chain of title from 1938 to the present does not indicate any easement for water or well usage on the Graf property. III. Defendants' Claimed Easement For Water or Well Usage 21.In 1955, Frank and Maude Spencer conveyed to J.F. and Edith Jamison a certain parcel of the Farm Property. 22.The deed contained an easement as follows: [I]t is granted to the grantees, their heirs and assigns, the right to the joint use of the well on the adjoining property owned by the Grantors for dwelling purposes only ... The Grantees their heirs and assigns to pay the Grantors, their heirs and assigns the sum of One ($1.00) Dollar per month payable semi-annually for the pumping charges. See Deed Book 16 Vol. O, Page 224. 23.Upon information and belief, both the Dragers and the Fettermans trace their claimed right to draw water from the well now located on the Graf property to this easement. 24. However, neither the Dragers, nor the Fettermans, nor their predecessors in title recorded their claimed easement in the Graf chain of title. 25.Accordingly, the Grafs had no record notice of the claimed easement. 26.The Grafs also had no actual or constructive notice of the claimed easement. IV. Damages 27.The easement impairs the value of the Farm Property. 28.The Farm Property utilizes approximately $3,600.00 in total electricity for all purposes, including water pumping costs, each year. 29.Apportionment of the costs of water pumping is not possible without relief from the court in the form of an order to physically apportion the pumping and electrical use for each party. 30.Accordingly, annual costs of water pumping are less than $3,600.00 per year, but the exact figure cannot be determined. 3 LA reasonable estimate of the annual costs of water pumping is $600.00 per year in electrical charges. 32.Recent interruptions in water pumping due to electrical storm damage has pointed out the necessity for electrical upgrades to isolate the water pump's electrical draw from the ancient household electrical system. These upgrades are expected to cost $2,500.00. 33.Both the Dragers and Fettermans have exceeded the bounds of the claimed easement by using water for purposes other than "dwelling." 34.The Fettermans' water usage is augmented by non-domestic uses including a swimming pool, maintenance of six collector vehicles, livestock and a planned rental apartment to be located above the Fettermans' garage. V. Relief Sought 35.By Act of May 12, 1925, P.L. 613, No. 327, § 1 (21 P.S. § 351), All conveyances to convey any interest in land shall be recorded. Every conveyance which shall not be recorded shall be adjudged fraudulent and void as to any subsequent bona fide purchaser. 36.The purpose of the recording statute is to notify future interest holders and those bound to search the record chain of title. Beckman v. Altoona Trust Co., 2 A.2d 826, (Pa. 1938). 37.The Drager and Fetterman claim is not recorded in the Farm Property chain of title although it may be recorded in the chain of title for the adjoining property(ies). 38. The Grafs are bona fide purchasers. 39.The failure of the Dragers and Fettermans, or their predecessors in title, to record the conveyance of the claimed right in the chain of title for the subservient tenement (the Farm Property, which is alleged to be burdened with the claimed easement), is fatal to their, Dragers and Fettermans, claim of right because the failure to record the claimed easement in the chain of title pertaining to the property burdened with the easement both violates the policy of the Recording Statute as set forth in Beckman v. Altoona Trust Co., as well as the plain reading of 21 P.S. § 351 which requires recording that will give notice to subsequent purchasers. WHEREFORE, Plaintiffs seek an order quiting title to the Farm Property or, in the alternative, equitable reformation of the three deeds to require the Fettermans and the Dragers to pay the actual costs of water from the well by means of installing electrical metering and pumping equipment, monitoring their usage and requiring payment of the cost of the same. Respectfully submitted, Date: q 2 Lor 11 Christopher S. Lucas Pa. I.D. No. 77903 Attorney for Plaintiff 220 Cumberland Parkway, Suite 4 Mechanicsburg, PA 17055 Voice: 717.691.0203 Facsimile: 717.691.3130 Email: cslucas@lucashealthlaw.com VERIFICATION I, Margaret L. Graf, hereby affirm that the facts contained in the foregoing document are true and correct to the best of my knowledge and belief. I make the forgoing affirmation subject to the penalties provided for unsworn falsification to authorities provided in 18 Pa. C.S. §4904. Date: s- S-Z ?y8{ .lam MAigq0 L. Graf 'bp" OD V W w -o? 2r CIO 51. 1 s 1 . C„t; f?'y DAVID L. SHERIDAN, Plaintiff V. AMELIA L. SHERIDAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 2975 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 1 51-1 day of Mk" 2008, BY and BETWEEN David L. Sheridan, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband," A N D Amelia L. Sheridan, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." RECITALS R.1: The Parties hereto are Husband and Wife, having been married on November 20, 1970 in Winchester, Virginia; and, R.2: The parties have no minor children; and, R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about September 9, 2006; and, RA: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and, R.5: Husband filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, R.6: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Michael Scherer, Esquire and that Wife has been independently represented by Marlin Markley, Esquire. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties are the joint owners of certain real property located at 507 Colony Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The parties believe the marital residence to be worth approximately $180,000 and there is a first mortgage against the property with a payoff of approximately $120,000 and second mortgage thereon with a payoff of approximately $2,000.00. Husband shall pay the monthly mortgage payment along with making interest only payments on the second mortgage as set for below in the provision entitled "ALIMONY." The parties do not intend to refinance the existing mortgage in order to continue paying a favorable interest rate on the existing mortgage. Husband shall execute a deed conveying the property at 507 Colony Road, Camp Hill, to wife within sixty days of the execution of this agreement by both parties. Wife shall be free to sell the marital residence at any time and regardless of when it is sold, Wife shall keep as her separate property all of the proceeds from the sale. There is also an undeveloped parcel of real estate located on Bedford Street, in Carlisle, which is in Husband's name alone. There is no mortgage against the Bedford Street property and the parties believe it is worth approximately $70,000. Wife hereby releases any marital interest she has in the real estate in Husband's name on Bedford Street in Carlisle. (4) DEBT: In addition to the first and second mortgages on the marital residence, there are two unsecured debts in Husband's name alone. The first is to Chase in the amount of $43,000. The second is to Bank of America in the amount of $18,000. Husband shall be solely liable to repay these two debts and holds Wife harmless on these obligations. Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Husband owns a 2007 Toyota Prius worth approximately $20,000 and there is a lien on that vehicle totaling approximately $15,500. Husband shall become the sole owner of the Toyota Prius and shall hold Wife harmless on the obligation to pay off the lien. Husband is the owner of a 2001 Volkswagon Passat with is worth approximately $10,000 and there is no lien on that vehicle. Husband will convey title of this vehicle to Wife and Wife shall become the sole owner of the Volkswagon Passat. (6) TANGIBLE PERSONAL PROPERTY: Husband shall be entitled to retrieve from the marital residence the items listed on "Exhibit A" which is attached hereto, within ninety days of the execution of this Agreement. Except as otherwise herein provided, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. 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 the parties hereto. (7) TD AMERITRADE ACCOUNT: Husband has a TD Ameritrade account valued at approximately $6,600.00. Husband shall keep as his separate property the TD Ameritrade Account. (8) CITIZENS BANK INVESTMENTS: The parties are the owners of an investment stock account at Citizens Bank with a balance of approximately $52,000.00, which balance fluctuates with market activity. The parties shall divide equally the Citizens Bank investment account. (9) BANK ACCOUNTS: Husband has a Citizens Bank checking account with a balance of approximately $138,000.00, which balance includes the Gannett Fleming Payment referred to in Paragraph 12 below. Additional funds are periodically placed into this account by Husband from an unsecured line of credit so that Husband can pay various bills and expenses. The Citizens Bank checking account shall become the sole property of Husband upon execution hereof. There are various bank accounts in the name of Wife or in the names of both parties, totaling approximately $10,000.00. Wife shall become the sole owner of these accounts upon execution hereof. The parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. The parties hereto further acknowledge and agree that any bank accounts established individually by the parties shall become the sole and separate property of that party simultaneous with the execution of this Agreement. (10) INDIVIDUAL RETIREMENT ACCOUNTS: Husband shall keep as his separate property the Pacific Life IRA valued at approximately $23,700. Wife shall keep as her separate property her Lincoln Financial IRA valued at approximately $18,000. (11) GANNETT FLEMING DEFINED BENEFIT PENSION: The parties shall share equally in Husband's defined benefit pension through Gannett Fleming. Husband's counsel shall prepare a QDRO which facilitates Wife's receipt of a monthly benefit from this pension, including a survivorship benefit. (12) GANNETT FLEMING PAYMENT: Husband's former employer, Gannett Fleming, paid Husband approximately $140,000 on December 3, 2007 as final payment for Husband's stock in the company. The parties shall share equally in the Gannett Fleming payment, net of taxes. The parties intend to file separate federal income tax returns for 2007. Husband shall place $50,000 of the Gannett Fleming payment into escrow and will share equally with wife in the remaining $90,000. After Husband's income tax returns are filed for tax year 2007, Husband shall share equally with Wife any escrowed sums not required to pay income taxes on the Gannett Fleming payment to Husband. (13) COMPANY KNOWN AS "DAVID L. SHERIDAN, P.C." This is a company Husband formed which does business as "AQUA CURA." Husband shall keep as his separate property the stock in the company known as "David L. Sheridan, P.C." (14) COMPANY KNOWN AS "SUSTAINABLE COMMUNITY DEVELOPMENT COMPANY" This is a company Husband formed, and Husband shall keep as his separate property the stock in the company known as "Sustainable Community Development Company." (15) ALIMONY: Husband presently pays the mortgage on the marital residence along with interest only on the second mortgage on the marital residence, and gives Wife cash, which three payments total $2,000.00 per month. Husband will continue to pay the mortgage and interest only on the second mortgage for the marital residence for so long as Wife resides there, and shall pay Wife a cash payment such that the total of the payment of the first and second mortgage and the cash payment equals $2,000 per month, which $2,000 shall be classified as alimony. Wife may choose to sell the marital residence at any time. At such time as the marital residence is sold, the first and second mortgages shall be paid off with the proceeds of the sale. Simultaneous to the sale of the marital residence, Husband shall begin paying Wife alimony in the amount of $2,000 per month for an indefinite term. The alimony shall not be modifiable for a period of eight years from the date of this agreement; thereafter, the alimony may be modified based upon a showing of changed circumstances (from those circumstances which exist at the time of the signing of this agreement) of a substantial and continuing nature of either party. The alimony shall terminate upon Wife's remarriage, cohabitation or the death of either party. (16) LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. (17) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (18) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (19) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. (20) COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available to him or her full, proper and independent representation by legal counsel. (21) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401 K's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (22) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. (23) SEPARABILITY of PROVISIONS: 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 continue in full force, effect and operation. (24) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (25) INCORPORATION into DIVORCE DECREE: The Parties agree that 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. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. (26) BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other 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. (27) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (28) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: k1 - 11" Mich el A. Scherer, Esquire Marofi L. Markley, Esquire David L. Sheridan Amelia L. Sheridan Items to be retrieved by David Sheridan from the marital residence Tools Office equipment and supplies Bicycling equipment Backpacking and camping equipment Outdoor propane grill Stereo equipment Books in home office Husband's clothing 5 , C? 1 DAVID L. SHERIDAN, Plaintiff V. AMELIA L. SHERIDAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 2975 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 18, 2007. 2. Defendant acknowledges receipt and accepted service of the Complaint on June 14, 2007. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. 1 consent to the entry of a final decree of divorce without notice. 5. 1 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. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: Amelia L. Sheridan o ? :'t ?7 "?' ? .: : P ? `w}.i? c-t `?.? QS :Xf "? ?"?t ? -- .,+ ?. ?? . ? DAVID L. SHERIDAN, Plaintiff V. AMELIA L. SHERIDAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 2975 CIVIL TERM 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on June 14, 2007. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on April 28, 2008; and Defendant on Maur 5, 2008 B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ?. co ? ' w wry JY SHERIFF'S RETURN - REGULAR CASE NO: 2008-02975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAF ALICELEE ET AL VS FETTERMAN DONNA ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon FETTERMAN DONNA DEFENDANT the at 1410:00 HOURS, on the 15th day of May , 2008 at 3571 RITNER T4TCU4wAv NEWVILLE, PA 17241 RICHARD FETTERMAN, HUSBAND by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ,61?2 2/ Of 18.00 11.00 .00 10.00 .00 39.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 05/16/2008 MARGARET GRAF By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAF ALICELEE ET AL VS FETTERMAN DONNA ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon FETTERMAN RICHARD H SR the DEFENDANT at 1410:00 HOURS, on the 15th day of May 2008 at 3571 RITNER HIGHWAY NEWVILLE, PA 17241 RICHARD FETTERMAN by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline sasra? n .00 %'' ? 16.00 05/16/2008 MARGARET GRAF Sworn and Subscibed to By; before me this day Deputy Sheriff of A.D. t SHERIFF'S RETURN - REGULAR CASE NO: 2008-02975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAF ALICELEE ET AL VS FETTERMAN DONNA ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon HAMILTON-DRAGER CATRINA M DEFENDANT the at 1005:00 HOURS, on the 15th day of May 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CATRINA M DRAGER by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.00 Affidavit .00 Surcharge 10.00 00 S/ A 27.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 05/16/2008 MARGARET GRAF By: D eputy Sh riff A. D. CASE NO: 2008-02975 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAF ALICELEE ET AL VS FETTERMAN DONNA ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon DRAGER PHILLIP DANIEL the DEFENDANT , at 1547:00 HOURS, on the 15th day of May 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 PHILLIP DANIEL DRAGER by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 ??a a10? .00 ?6.0 0 Sworn and Subscibed to before me this __ day of So Answers: R. Thomas Kline 05/16/2008 MARGARET GRAF 7 By. ?v Deputy S ri A. D.