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HomeMy WebLinkAbout08-4870• F:\FILES\Chents\13144 S Sheaffer\13144.1.divcoml Created: 9/20/04 0:06PM Revised: 8/13/08 3:57PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHERRIE SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- ?/flf GJvr CIVIL ACTION - LAW CARL SHEAFFER, JR., Defendant 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 SHERRIE SHEAFFER, Plaintiff V. CARL SHEAFFER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- '7 5?20 G; ?c CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301 C or 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Sherrie Sheaffer, who currently resides at 102 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Carl Sheaffer, Jr., who currently resides at 141 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were married on June 18, 1994, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties separated in May of 2006. 8. right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES By Jennife . pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: Plaintiff has been advised that counseling is available and that Plaintiff may have the VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered not counsel in the preparation of the lawsuit. The language of the document is that of counsel and bymy my own. I have read the document and to the extent that the document is based u on info and not which I have given to my counsel, it is true and correct to the best ofm knowledge, rmaand belief. To the extent that the content of the document is that of counsel , information and in making this verification. , I have relied upon counsel This statement and verification are made subject to the penalties of 18 Pa. C. S. Secti relating to unsworn falsification to authorities, which provides that if I make on 4904 averments, I may be subject to criminal penalties.O?'in1Y false J Sh Sheaf FARLEWfieats\13144 S "Caffa\13144.I.divoamI vJ 0 nic ,. W 1. W ? O ?11? F:\FILES\Chents\13144 S Sheaffer\ 13144. Laos Created: 7/30/04 9:12AM Revised: 8/19/08 4:08PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHERRIE SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4870 CIVIL ACTION - LAW CARL SHEAFFER, JR., : Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Carl Sheaffer, Jr., at 141 West Big Spring Avenue, Newville, PA 17241 on August 14, 2008, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Carl Sheaffer, Jr.," and dated August 16, 2008. i- r nnifer ears, Esquire Sworn to and subscribed before me this day of August, 2008. . 1 6 aop- No Pub 7MMIOINV"WEALTH OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary Public Carlisle Bono, Cumberland Coup y Commissbn Expireas Aug. Ms noer, Pennaywania Association of Notaries J • 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 mailpieo% or on the front If space permits. 1. Article Addressed to: I ?l Zn/, ?? 00if . A. ? Agent B. ? Prfj a ) C. Date of Delivery ?r` ?-lL-oB D. Is deliveryaddress different from item 17 ? Yes If YES, enter delivery address below: ? No 3. SVoe Typo - -? Q( Certified mail ? Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? Pft Feel 1ieYes 2. Article Number (rransrerfromsrn4O,mbd) 7003 3110 0004 5772 5900 PS Form 3$11, Fdwurry 2004 Darrtesgo Aska. Rrlwipt 102595-o2-M-1540 0 C3 Ir Ln ru N L F' 714 U1 Poems $ $0.42 {i{1; Certified Fee $2.70 1' C3 Retum Redept Feet (Er.&raement Required) $2.20 O Restricted D?hrery Fee '? rq (Endorsement Requlred) $4.311 3r ?d r_1 M Total Postage & Fees $ $9.62 i ig/1412FJOE M c:3 SOM T1 O , J ----°---- - a?Box No. -------- ----- --- --------- i 72`d 2 [? ? ?s ?' :-? .-. e 4'? ?,.y .,. r r y+?'+? 4 ? ? i' ?j . _ ?j? i? «_ fi .' Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -t'7t=r U MARTSON LAW OFFICES OF THE PPOMC' MY I.D. 87445 10 East High Street ???? •? "? 8= 33 Carlisle, PA 17013 (717) 243-3341 ????? ?+? Attorneys for Plaintiff SHERRIE SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4870 CIVIL ACTION - LAW CARL SHEAFFER, JR., ; Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ?D l b RL, AL e Sheaffer, Plaintiff Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OF 4ftxw 2810 J(W -2 SHERRIE SHEAFFER, Plaintiff V. CARL SHEAFFER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4870 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) 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 waiver 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 o uthorities. Date: Sherrie Sheaffer, Plaintiff 4M & 33 F:T1LES\Chents\13144 S Sheaffer\I3144.I.wonaoc Jennifer L. Spears, Esquire 1KX MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALffAW MIO M?AW MARTSON LAW OFFICES I.D. 87445 2810 JUN _2 AM & 33 10 East High Street Carlisle, PA 17013 W (717) 243-3341 Attorneys for Plaintiff SHERRIE SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4870 CIVIL ACTION - LAW CARL SHEAFFER, JR., Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. / Date:o 0 _ t Carl Sheaffer, Jr., Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PDNM i4NlA SHERRIE SHEAFFER, Plaintiff V. CARL SHEAFFER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4870 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 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 waiver 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. 7 b' Date: 40 _ Carl Sheaffer, Jr., De ant FILO-04- ,0F PP0T'K TMy & 'AMU! _2 AM 8-' 33 F:\FILFS\C1ients\13144 S SheaBer\13144.1.msac Revised: 5121/10 4:12PM w ?C??YAW Jennifer L. SPears Esquire THE MARTSON DEARDORFF WILLIAMS OTTO GILROY & F,ON _2 AM 8% 33 MARTSON LAW OFFICES I.D. 87445 CWBERLAK4) COLM 10 East High Street PEMNSYLVANtA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHERRIE SHEAFFER, Plaintiff V. CARL SHEAFFER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4870 CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this --d- I day of A , 2010, by and between CARL SHEAFFER, JR., of 141 West Big Spring Avenue, Ne lle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and SHERRIE SHEAFFER of 16 Parsonage Street, Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on June 18, 1994, in Pennsylvania; WHEREAS, two children, Brooke Sheaffer (born December 21, 1996) and Carlee Beth Sheaffer (born October 16, 2000) have been born of the marriage of the parties; 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 between 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 1 claims and possible claims by either party against the estate of the other party. 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 be 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. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on August 13, 2008, 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 3301(c) of 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 Code. 2 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 or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the 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 of this 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 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 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 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 Brian Linsenbach, 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 of the 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 full and complete disclosure of their 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. 10. 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 all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. CHILD CUSTODY: The parties will share legal and physical custody of the children jointly and will continue to work out the schedule around their work schedules. 5 12. 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 or under the control of the other. Notwithstanding the above, Wife shall receive the items on the list attached hereto as Exhibit A, which are still in the possession of Husband, at a time which is mutually convenient for the parties within six months from the date of this Agreement. Except as otherwise provided herein, 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 of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. DIVISION OF REAL PROPERTY: The parties jointly own the real property at 141 West Big Spring Avenue, Newville, Pennsylvania ("Property"). Husband shall refinance the mortgage and home equity loan within one month of the date of this Agreement and pay to Wife the sum of $6,500.00. Wife will sign a deed transferring and conveying her interest in the Property to Husband. From the date of the deed, Husband will be the sole owner of the property. Husband shall be solely responsible for the all mortgage payments, taxes, utilities, insurance premiums, maintenance expenses or other liabilities, costs or expenses related to or associated with the Property which were incurred since Wife moved from the Property, are presently being incurred or are incurred in the future. Further, should Husband, at any time during his ownership of the Property, subdivide and sell any portion of the Property (excluding that portion of the Property where the house is located), Wife shall be entitled to one-half (%i ) of the proceeds of the sale and said payment to Wife shall be made on or before the date of the sale. 14. 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. Husband shall remove Wife's name from his bank account within 30 days of 6 the date of this Agreement. They hereby agree that each shall become sole owner of their individual bank 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. The children's bank accounts shall remain the sole and separate property of the children. 15. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle 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. 16. AFTER-ACQUIRED 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 of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2010. For any tax returns filed jointly in the past, 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 of them, 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. Each party will claim one child on their tax return for as long as the parties share physical custody of the children. 18. 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 7 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. 19. WAIVER OF 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. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 20. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Husband will transfer $25,000.00 from his 401(k) to Wife within 30 days of the date of this Agreement. Husband shall retain the remainder of his 401(k) to which Wife will waive any and all right. Husband will waive any and all right to Wife's retirement, if any. 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. 22. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 8 23. 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. 24. 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 remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 25. 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 of the 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. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. 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. 9 28. 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. 29. 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. 30. 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. 31. 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. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made 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 of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 33. 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. 10 34. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS X44 =IIXK= -0.44 TNESS (SEAL) (SEAL) 11 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF fl On this, ya day of /4'1 , 2010, before me a Notary Public, personally appeared Carl Sheaffer, Jr. known to me to a the person whose name is subscribed 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. COMMONWEALTH OF PENNSYLVANIA 10/1 oe Notarial Seel Brim C. Linsenbach, Notary Put*- Notary Public DiB WQ Boro, York County My Commission Expires Mauch 11, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF QW? On this, the O Us fday of 2010, before me, a Notary Public, personally appeared Sherrie Sheaffer know a 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 hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2011 Member. Pennsylvania Association of Notaries vl, D N t ublic 12 F:\FILES\Chents\13144 S Sheaffer\ 13144.1.pra/tde Revised: 6/2/10 I0:00AM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED-4-!t'r- C' E +7 THE 'I It .,' .7ARY 2010 JUN -3 FM 2: 32 cur?;?,;?LJ GOUTY REi 4INSYLVAN11A SHERRIE SHEAFFER, Plaintiff V. CARL SHEAFFER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4870 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: certified mail, restricted delivery on August 16, 2008. 3. Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code; June 1, 2010; by the Defendant May 25, 2010. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated May 21, 2010. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 2, 2010; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 2, 2010. MARTS AW OFFICES By Jennif r . Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: June 2, 2010 IN THE COURT OF COMMON PLEAS OF SHERRIE SHEAFFER CUMBERLAND COUNTY, PENNSYLVANIA V. CARL SHEAFFER, JR NO 08-4870 DIVORCE DECREE AND NOW, Y ?201y , it is ordered and decreed that SHERRIE SHEAFFER plaintiff, and CARL SHEAFFER, JR , 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.") A Marital Settlement dated May 21, 2010, is incorporated but not merged into this Decree. By the Court, ck ma? 1 e d -4a RAk? 5 pzars ma6v-8 to Pt?-ki Liflwbac-h - ~ •F:\FILES\ClimtaV3144SShcaffa\I3144.Lgdro/tde Revised: 8/2/ 10 1:59PM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff "+ `. - ~ .;r 0 SEP - I AM 8~ 3 7 ey~~''~~~~q MY auc 3 ~ zoto SHERRIE SHEAFFER, Plaintiff v. CARL SHEAFFER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4870 CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This matter having come before the court on the stipulation of the parties as set forth below, and the Court finding that the parties have agreed on the terms under which certain retirement benefits of CARL SHEAFFER, JR., shall be divided, then this Order is entered pursuant to the court's authority under the applicable domestic relations laws of the state of Pennsylvania. IT IS ORDERED: 1. Nature of this Order: This Order assigns and recognizes the existence of an alternate payee's right to receive a portion of a participant's benefits payable in a defined contribution plan, and authorizes the administrator of such plan to pay such portion to the alternate payee. This order is intended to be a qualified domestic relations order ("QDRO") within the meaning of §414(p) of the Internal Revenue Code ("Code"). Statements of Fact 2. Participant Information: The name and address of the plan participant to which this Order applies are: Name: Carl Sheaffer, Jr. I~/ J Address: 141 West Big Spring Avenue, Newville, PA 17241 .. 4. 3. Alternate Payee Information: The name and address of the alternate payee to which this Order applies are: Name: Sherrie Sheaffer Address: 16 Parsonage Street, Newville, PA 17241 4. Plan Name: The name of the plan to which this Order applies is the Fry Communications Retirement Plan ("Plan"). This Order shall also apply to any successor plan to the Plan, or to any other plan that incurs liability for payment of the Participant's benefits in the Plan. 5. Benefits Assigned to the Alternate Payee: The portion of the Participant's account balance in the Plan payable to the Alternate Payee is $25,000.00. 6. If the investments of the Participant's account include one or more loans to the Plan Participant, the Participant's account balance shill be determined as if the loan(s) were fully repaid as of the date the account balance is determined. However, the Alternate Payee's account shall be funded exclusively with assets other than the participant loan(s). Time and Manner of Payment 7. If the Plan permits an immediate distribution of the benefit described in Paragraph 5 of this Order, the Alternate Payee may request a distribution of the benefit as soon as administratively feasible following the date that the Plan Administrator determines that this order is a QDRO. If the Plan does not permit an immediate distribution, the Alternate Payee may elect to have the Plan distribute the benefit designated in Paragraph 5 of this Order at the Participant's earliest retirement age as defined by Code §414(p)(4). 8. The Alternate Payee may elect to receive the benefit described in Paragraph 5 of this Order in any form of distribution that the Plan permits, except in the form of a joint and survivor annuity with a subsequent spouse as the beneficiary. 9. T'he applicable fee for administering this order shall be deducted from the Participant's account. 10. The Alternate Payee assumes sole responsibility for the tax consequences of any distribution under this Order. 11. The Plan shall permit the Alternate Payee to designate a death beneficiary for the benefit described in Paragraph 5 of this Order to the full extent permissible under the Plan. If the Alternate Payee dies before all of the benefit has been distributed, the Plan shall distribute any .. ..~ . unpaid benefits to the Alternate Payee's designated beneficiary. If the Alternate Payee dies without having designated a beneficiary, the Plan shall distribute any unpaid assigned benefits to the Alternate Payee's estate as soon as administratively feasible following the date that the Plan Administrator receives adequate notice of the Alternate Payee's death. 12. Should the Participant die before the terms of this order are completely carried out, the Alternate Payee shall be treated as the surviving spouse of the Participant to the extent of the benefit described in Paragraph 5 of this order. The sole purpose of this paragraph is to ensure payment to the Alternate Payee in case of the Participant's death prior to payment of the Plan of the benefit described in Paragraph 5 of this Order. 13. The Alternate Payee shall provide the Plan with any subsequent changes in the Alternate Payee's mailing address until such time as the Plan has distributed all of the assigned benefits. The Alternate Payee and the Participant shall provide such other information and shall complete such forms as the Plan may reasonably require from one or the other to administer the Order. Savings Clause Pursuant to Code §414(p)(3) 14. This Order is not intended and shall not be construed in such a manner as to require the Plan to provide any type or form of benefit, or any option the Plan does not otherwise provide; to require the Plan to provide increased benefits; or to require the Plan to pay any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. The Court retains jurisdiction with respect to this Order to the extent required to establish or to maintain its qualified status. ~~ ~f ~ 3 ~ ~.ol~ Date S e Sheaffer, Peh ' er ./Jennifer L. Spe s, Esquire Attorney for Petitioner ~oP~ ~ ~.~(~, Q/~ ~ ~~ BY THE COURT: ~~~ L.- •~Brian Linsenba squire Attorney for Respondent