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HomeMy WebLinkAbout09-3567No, D / 35-4 / CiV" r -te_i 3n TO Court of Common Mena of ]Bauphin QCountp, Vennacp[banis Gary Lee Hoover Plaintiff VS Dawn Shughart Defendant No. 20o8-CV-16824-CV CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Gary Lee Hoover, Plaintiff and against Dawn Shughart, Defendant(s) on April 2, 2009 in said case in the amount of $26,632.00. In Testimony whereof, I have hereunto set my hand and affixed the seal of the Court, on April 2, 2009. Date: 4/2/2009 Dauphin County User: AZAMBINO Time: 01:52 PM Complete Case History Page 1 of 2 Case: 2008-CV-16824-CV Gary Lee Hoover vs. Dawn Shughart Filed: 12/2/2008 Subtype: Civil Physical File: Y Appealed: N Comment: Status History Pending 12/2/2008 Pending / Judgment 4/2/2009 Judge History Date Judge Reason for Removal 12/2/2008 No Judge, Current Payments Receipt Date Type Amount Krevsky & Rosen 179448 12/2/2008 Civil Filing 117.00 Lawrence Rosen 189431 4/2/2009 Miscellaneous 23.00 Exemplified Record 23.00 Rosen, Lawrence J (attorney for 189428 4/2/2009 Civil Filing 20.50 Total 160.50 Miscellaneous Receipts Receipt Date 189431 4/2/2009 Exemplified Record 23.00 Sum: 23.00 Plaintiff Name: Hoover, Gary Lee SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Rosen, Lawrence J (Primary attorney) Send Notices Defendant Name: Shughart, Dawn SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Register of Actions 12/2/2008 Plaintiff: Hoover, Gary Lee Attorney of No Judge, Record: Lawrence J Rosen New Civil Case Filed This Date. No Judge, Date: 4/2/2009 Dauphin County Time: 01:52 PM Complete Case History Page 2 of 2 Case: 2008-CV-16824-CV Gary Lee Hoover vs. Dawn Shughart Register of Actions 12/2/2008 Filing: Complaint Paid by: Krevsky & No Judge, Rosen Receipt number: 0179448 Dated: 12/2/2008 Amount: $117.00 (Check) For: Hoover, Gary Lee (plaintiff) Complaint filed. No Judge, 4/2/2009 Filing: Judgment Paid by: Rosen, No Judge, Lawrence J (attorney for Hoover, Gary Lee) Receipt number: 0189428 Dated: 4/2/2009 Amount: $20.50 (Cash) For: Shughart, Dawn (defendant) Judgment is entered in favor of Plaintiff No Judge, and against Defendant(s) Dawn Shughart and assess damages as follows: Debt ...................$25,000.00 Filing Costs .............132.00 Counsel Fees..... 1,500.00 TOTAL ............... $26,632.00 for failure to answer Plaintiffs Complaint. See Praecipe & Notice filed. Copies to Atty. Judgment Order date In Favor Of Disposition Judgment 04/02/2009 Plaintiff 04/02/2009 Open Judgment Comment: 26632.00 Plaintiff: Hoover, Gary Lee Defendant: Shughart, Dawn I hereby certify that the f ng is a true and corrgct copy of t e 0 iginal filed. User: AZAMBINO GARY LEE HOOVER, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. No. 2008 CV 16824 CU DAWN SHUGHART, CIVIL - AT LAW c o Defendant > a -" xii N ?.. rn am --4 CD rn PRAECIPE FOR JUDGEMENT G 3 1. Enter judgement in favor of Plaintiff and against Defendant, Dawn Shughart, for want of ANSWER TO COMPLAINT. ( x) Assess damages as follows: Debt ...............................................................................$25,000.00 Filing costs .........................................................................$132.00 Counsel fees ....................................................................$1,500.00 Total ..............................................................................$26,632.00 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the Complaint. (X) Pursuant to Pa.R.C.P. 237 (Notice for final judgement or decree), certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237, I certify that written notice of the intention to file this praecipe was mailed to or delivered to the party against whom judgement is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days rior to the date of the filing of this praecipe and a copy of the notice is attached. DATE: Oa APR 0 2 2009 Signature: Zaivre e J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 (717) 234-04583 I heroby certify that the foregoing Is a true and correct copy of the original filed. 'Swk'a . )am• pf athmbtary NOW, u 2 2009 2009, JUDIENT IS ENTERED AS ABOVE d'. Prothonotary/Clerk, Civil Difision By: _ (Title) GARY LEE HOOVER, Plaintiff V. DAWN SHUGHART, Defendant No. 2008 CV 16824 CU CIVIL - AT LAW TO: DAWN SHUGHART, Defendant 9 2 7-099 You are hereby notified that on , 2009, the following Judgement has been entered against you in the above captioned case for your failure to DATE: ' s U !U I hereby certify that the name and address of the proper person to receive this notice is: DAWN SHUGHART 42 G MIRIAM STREET KEY WEST, FLORIDA 33040 A: DAWN SHUGHART, Defendido Por este media se la esta notificando que el de a . del , el/la siguiente Fallo h sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotar ' certifico que la siguiente direccion es la del deffendido/a segun indicada en al certificado de residencia: IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA o cm .. C) Cz ;C xz 0? rn 2> C:D -0 0 z ©rn 2 ? -< w co DAWN SHUGART 42 G MIRIAM STREET KEY WEST, FLORIDA 33040 GARY LEE HOOVER, Plaintiff V. DAWN SHUGHART, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2008 CV 16824 CU CIVIL - AT LAW ENTRY OF APPEARANCE na 2:E N 8-? n x r-?. Z C-- ? m Please enter the Appearance of Lawrence J. Rosen, Esquire, as counsel for Plaintiff in the above captioned action. Respectfully submitted: KREVSKY & ROSEM P.C. Date: April 2, 2009 By: ence Rosen, Esquire 110 N Front Street Harrisburg, PA 17102 ID# 10625 (717) 234-4583 GARY LEE HOOVER, Plaintiff V. DAWN SHUGHART, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2008 CV 16824 CU C_- V, CIVIL - AT LAW Y? Z c: Z -1 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN: r.i N ozim 0 < 3 pZn CM7 W W I, Lawrence J. Rosen, Esquire, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above captioned matter, and that to the best of my knowledge, information and belief, Defendant, Dawn Shughart, above named, is not a corporation and is not an adult individual under the age of 21 years of age; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Sailor's Civil Relief Act of Congress of 1940 and it Amendments. smn ?b CM& su-bwabx& me_ -rh?S an,l Ao-? t .\ 1ICO04 NOTARIAL WAL AIMEE L RASMD Notary Puble HARRINURG CITY, DAUPHIN COUNTY My ComnihWon Expiros Apr 17, 2011 By: _ ,,?a nce . Rosen, Esquire 1101 No Front Street Harrisburg, PA 17102 ID# 10625 (717) 234-4583 GARY LEE HOOVER Plaintiffs V. DAWN SHUGHART Defendant :IN THE COURT OF COMMON PLEAS :DAUPHIN COUNTY, PENNSYLVANIA : No. 2008 CV 16824 CU CIVIL - AT LAW G v C zs;x Dc c x as IMPORTANT NOTICE TO: DAWN SHUGHART 42 G MIRIAM STREET KEY WEST, FLORIDA 33040 DATE OF NOTICE: February 5, 2009 s? -v ?v -n s .+ is YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 ca ca =-n Xn- ©r,n< vQo If GARY LEE HOOVER, Plaintiff V. DAWN SHUGHART, Defendant :IN THE COURT OF COMMON PLEAS :DAUPHIN COUNTY, PENNSYLVANIA NO a0OF, C? I?ga4 c? :CIVIL ACTION - LAW c • -v x Z? N r c-) NOTICE TO PLEAD -< 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 is 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 further notice for any money claimed in the Amended Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. -T-n c7 ?az5T ??fTZ t 7__ 4 Dauphin -County Lawyer Referral -- 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 NOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita o en persona o por abogado y archivar en la corte en forma excrita sus defensas o sus objectiones a las demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. t.?y r t.: r..; .. < °,,. ? - ??_. ... ??.: Q GARY LEE HOOVER, :IN THE COURT OF COMMON PLEAS Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA :NO: (>e)q CV V. ?l 601 :CIVIL ACTION -LAW a D_7 0 AWN SHUGHART, ,r Defendant rn COMPLAINT -C ? AND NOW comes Plaintiff, Gary Lee Hoover, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments in support of the within Complaint: ` '?-- 1. Plaintiff is Gary Lee Hoover who resides at 6254 Stirrup Court, Harrisburg, PA 17111. 2. Defendant is Dawn Shughart who resides at 42 G Miriam Street, Key West, Florida 33040. 3. The parties were formerly married. 4. The parties separated October 18, 2007. 5. The parties were divorced on September 2, 2008. 6. Pursuant to aforesaid divorce, the parties executed a Marital Settlement Agreement. (See Exhibit A) 7. Pursuant to aforesaid Agreement, Defendant promised to satisfy a line of credit with Cornerstone Federal Credit Union in the amount of twenty five thousand dollars ($25,000.00) (See Exhibit A, Paragraph 7). 8. As of this date, Defendant has failed to honor her promise and Plaintiff believes and, therefore, avers that she has no intention of honoring her promise. c? t9.. , ?i wx C CA 9. Plaintiff is also seeking reasonable counsel fees as per Paragraph 18 of the Agreement. WHEREFORE, Plaintiffs asks Your Honorable Court to enter judgement against Defendant and in favor of Plaintiff in the amount of twenty five thousand dollars ($25,000.00) plus interest and reasonable counsel fees. Respectfully submitted: KREVSKY & ROSEN, P.C. BY: ? -," nce J. Rosen, Esquire ID# 19625 Krevsky & Rosen, P.C. 11,0 1 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 lrosen@,krevskyandrosen.com EXHIBIT A DAWN M. SHUGHART, IN THE COURT OF COMMON PLEAS OF Petitioner DAUPHIN COUNTY, PENNSYLVANIA V. 'NO. 2008-CV-3926-DV CIVIL TERM GARY L. HOOVER, CIVIL ACTION - LAW Respondent IN DIVORCE 4 _ •' 4p MARITAL SETTLEMENT f AGREEMENT y , C l G AGREEMENT made this day of C 2008 b t D - , , , e ween awn M. 6 - Shughart (hereinafter called "Wife") and Gary L. Hoover (hereinafter called "Husband"). WITNESSETH: WHEREAS, The parries hereto are Wife and Husband, having been married on December 1, 2006. There were no children born of this marriage. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, 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 relating to the ownership and equitable distribution and real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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. The parties intend to maintain separate and permanent domiciles and to live apart from each other. 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. 2. The parties have attempted to divide their marital property in a manner that conforms to just and right standards, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition or any property now owned and not specified herein or property hereafter acquired by the other. 4. 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. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. F. It is noted that at the time of execution of this document, WIFE is represented by Attorney Karl E. Rominger, Esquire, of the law firm Rominger & Associates and HUSBAND is represented by Attorney Lawrence Rosen, Esquire, of the law firm Krevsky & Rosen, P.C. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her property, interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on half of both parties during the marriage. 7. DEBTS: WIFE and HUSBAND have agreed that WIFE will satisfy the line of credit with Cornerstone Federal Credit Union having an account number of 0223457, with a current balance of $25,000.00 for the property located at 16- 18 Vine Street, Highspire, Pennsylvania, HUSBAND will retain the line of credit with Belco Community Credit Union having an account number of 859608, with a current balance of $25,000.00 for the property located at 2516 Walnut Street, Harrisburg, Pennsylvania, and the personal loan with Mid Penn Bank having an account number of 700001902, with a current balance of $25,000.00. WIFE and HUSBAND agree to cooperate in removing the other from any liability for loans they are taking on. HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 8. REAL PROPERTY: WIFE and HUSBAND have agreed that WIFE shall retain exclusive possession and exclusive ownership of all properties owned by Dawn Commons and that HUSBAND shall retain exclusive possession and exclusive ownership of 16-18 Vine Street, Highspire, Pennsylvania, with a mortgage being held with Orrstown Bank, 2516 Walnut Street, Harrisburg, Pennsylvania, with a mortgage being held with Belco Community Credit Union, and 21 North 151' Street, Harrisburg, Pennsylvania, with a mortgage being held with Belco Community Credit Union, which are properties owned by Red Top Investment Group, LLC. WIFE and HUSBAND further agree that the remaining properties shall be divided according to who holds the Mortgage for the same, i.e. if the Mortgage is in WIFE'S name to a property she would retain exclusive possession and exclusive ownership of those properties and if the Mortgage is in HUSBAND'S name to a property he would retain exclusive possession and exclusive ownership of those properties. The parties agree to cooperate in removing the other should their i l name be on any loan, indebtedness or deed. 9. PERSONAL PROPERTY: 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. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 10. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 11. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State 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. 12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 13. SUPPORT AND ALIMONY: WIFE shall, from the date of the entry of a final Decree in Divorce, and for a period of thirteen (13) months thereafter, pay to HUSBAND the sum of ONE THOUSAND ($1,000.00) DOLLARS per month for his separate support and maintenance. HUSBAND and WIFE agree that said payments are to be included in HUSBAND'S income and deducted from WIFE'S gross income pursuant to federal tax laws. Further, the parties intend that an Order for Alimony be entered through the Domestic Relations Section of the Dauphin County Court of Common Pleas and that said monthly alimony payments be made through the Pennsylvania State Collections and Disbursement Unit (PASCDU). The parties further agree that they specifically intend this amount to be non-modifiable by either party. Said alimony shall terminate prior to the expiration of said thirteen (13) month period only upon the death of either party. HUSBAND and WIFE agree that WIFE shall have the opportunity, upon the entry of a final Decree in Divorce, to make a one time, lump sum, payment to HUSBAND in the amount of TWELVE THOUSAND FIVE HUNDRED ($12,500.00) DOLLARS in full and final satisfaction of her alimony obligation. The parties further acknowledge that, in consideration of the transfers made herein, each completely waives and relinquishes any and all further claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, and spousal support, except as specifically provided for herein. 14. RETIREMENT ACCOUNTS: The parties agree to waive any interest they may have in the others retirement accounts and said retirement accounts become the sole properties of the parties to whom the retirement accounts belong to. WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit-sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers, shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. WIFE hereby covenants and agrees that she will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that HUSBAND may receive said benefits as if he were never married. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit-sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer, shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. 15. RED TOP MVESTMENT GROUP, LLC: The parties hereto are the sole shareholders of a limited liability corporation known as Red Top Investment Group. The terms of the parties' equal ownership interest in the corporation are set forth in their Limited Liability Company Operating Agreement which was executed on September 28, 2006. WIFE hereby waives her entire interest in Red Top Investment Group, LLC and agrees to transfer her ownership interest to HUSBAND pursuant to the terms of Article 7 of said Operating Agreement. WIFE shall transfer her interest to HUSBAND for the stun of ONE ($1.00) DOLLAR. 16. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. With respect to the Red Top Investment Group, LLC BELCO Credit Union business checking account currently held in joint names, WIFE agrees to sign the application for change of signatory from HUSBAND or WIFE, to HUSBAND'S name alone. In addition, WIFE agrees to sign the Corporate Resolution allowing HUSBAND to be the only signatory for said account. 17. COMMISSIONS FROM THE SALE OF THE MARITAL HOME: HUSBAND and WIFE, shall equally divide any and all gross commissions, both listing and selling, resulting from the sale of the marital home located at 6254 Stirrup Court, Harrisburg, PA 17111. Gross commissions shall be paid to each party's respective brokerage firm. 18. 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 any and all reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 may now have or hereafter acquire, under the present or firture 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, curtesy, statutory allowance, widow's allowance, right to take the intestacy, right to take against the Will of the other, and 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 waive and relinquishment of all such interest, rights and claims. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required to give full force and effect to the provisions of this agreement. 21. VOLUNTARY EXECUTION: Both parties fully understand the terms of this agreement and were given full opportunity to discuss said terms with their respective attorneys. Both parties agree that they are executing this agreement freely and voluntarily. Both parties acknowledge that it has been suggested to them that they review this agreement with independent legal counsel and has either done so or has voluntarily chosen not to do so. 22. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. This agreement shall become effective immediately upon its execution by both parties. 25. EXECUTION IN COUNTERPARTS: This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Date / I 7 /d116 9- Date Dawn . Shughart K A E. Rominger, Esquire Dat Gary L. oove 77 d? Date( Mee *15sen, Esquire +c . , . . COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, theS day of ULLU 2008, before me, the 61 subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Dawn M. Shughart and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. COMMONWEALTH OF PENNSYLVANIA Notwbi Seel Tt ie ? Pom MY ?Amr+>issbrl E*hw Sept 9 9 Member, P6nn0vanto AssoclaS of Nbtaries C4 Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1?1 SS. On this, the day of , 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Gary L. Hoover and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. NOIQK SEAL AIMEE i, RASHID Notary Public KWISBURG Cmr, DAUPHIN COtso Notary Public My Commission Expires Apt 17, 2011 GARY LEE HOOVER, :IN THE COURT OF COMMON PLEAS Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA :NO: V. :CIVIL ACTION - LAW DAWN SHUGHART, Defendant VERIFICATION I, GARY HOOVER, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: J 1 v 5' ,66AA)? GARY HO R GARY LEE HOOVER, Plaintiff JN THE COURT OF COMMON PLEAS :DAUPHIN COUNTY, PENNSYLVANIA :NO: V. :CIVIL ACTION - LAW DAWN SHUGHART, Defendant CERTIFICATE OF SERVICE AND NOW, this --)I% day of December, 2008, I, Elisabeth J. Clough, on behalf of Krevsky & Rosen, P.C. for Plaintiff, GARY HOOVERI, hereby certify that I have this day served 3 a copy of this Complaint in the above-captioned matter, via U.S. Certified and Regular mail, on the following: DAWN SHUGART 42 G MIRIAM STREET KEY WEST, FLORIDA 33040 Elisabeth J. Clough (/L G' Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 1711 I-.:.` - -f ? .1 2 Ul03 '' , r? it , l 'ti ti` . LG ..?,. ? (ask /Z tf ). s 95 N7fCC A- C, 1 lei 0