Loading...
HomeMy WebLinkAbout09-3897 ANDREW ROBERT SHEETS, Plaintiff V. JILL KIMBERLY SHEETS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q 9 3 8? 7 ?• •`? ??µ CIVIL ACTION - LAW 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Suite 100, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 AT ALL. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. 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 PROVEERLE 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 (800) 990-9108 Y ANDREW ROBERT SHEETS, Plaintiff V. JILL KIMBERLY SHEETS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 67'35'" Gn1-l CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) and 3301(a)(6) OF THE DIVORCE CODE AND NOW comes Plaintiff, Andrew Robert Sheets, by and through his attorney, Margaret M. Simok, Esquire, of Scaringi & Scaringi, P.C., and avers as follows: 1. Plaintiff is Andrew Robert Sheets, who currently resides at 106 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania, since May of 1996. 2. Defendant is Jill Kimberly Sheets, who currently resides at 3014 Route 147, Millersburg, Dauphin County, Pennsylvania, since May, 2009. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of the Complaint. 4. Plaintiff and Defendant were married on June 15, 1996, in Millersburg, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT I - EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 0. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT II - ALIMONY PENDENTE LITE COUNSEL FEES-AND EXPENSES 13. Paragraphs one through twelve are incorporated herein by reference. 14. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of his case, in the employment of counsel and the payment of costs. 15. Plaintiff does not have sufficient funds for himself or to pay counsel and expenses incidental to this action necessary to prosecute the same. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree ordering alimony pendent lite, counsel fees and expenses necessary for Plaintiff to adequately present his case. COUNT III - INDIGNITIES 16. Paragraphs one through fifteen are incorporated herein by reference. IT Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, so as to render Plaintiff s condition intolerable and life burdensome. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant him Decree in Divorce and grant any further relief as the Court may deem equitable and just. Respectfully submitted, SCARINGI & SCARINGI, P.C. Date: (? 1 to By: Margaret y. Simok, Esquire Supreme Court I.D. No. 89633 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 mar aret(a,scaringilaw.com Attorney for Plaintiff r VERIFICATION I, Andrew R. Sheets, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 011/01 Date Cndrew R. Sheets eets s V FILED- )l r; OF THE fi:' l ;n'TAY 2009 JU14 {2 AMA ( { : 5 5 Gl itt r ' iJiV i? I ?' 3 3 ?'. Sv 3 I ?? ,(,kf ).-4, 0 ANDREW ROBERT SHEETS, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-3897 JILL KIMBERLY SHEETS, Defendant :Civil Action - DIVORCE ACCEPTANCE OF SERVICE I, Debra Denison Cantor, Esquire, do hereby accept service of the Complaint in Divorce in the above-captioned matter, on behalf of Defendant, Jill Kimberly Sheets, and certify that I am authorized to do so. Date: CY De Peeess ison Cant Mc Wallace and Nurick, LLC 100 Pine Street P 0- Box 1166 Harrisburg, PA 17108 Attorney for Defendant FILED- "i'- 2009 ST"I 19 AM ! I - t 0 pr V M_ -0-QFF1CE ONOTAk '' 20 F', "I 1? L r 'I Debra R. Mehaffie, Equire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 debragscaringilaw. com Attorneys for Plaintiff ANDREW ROBERT SHEETS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JILL KIMBERLY SHEETS, Defendant NO. 09-3897 CIVIL ACTION - LAW DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Margaret M. Simok, Esquire, as attorney in the above-captioned action for Plaintiff, Andrew R. Sheets, per his request. Respectfully submitted, Date: "I -17 - !(c) Margareovl. Simok Attorney I.D. No. 89633 Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Debra R. Mehaffie, Esquire, as attorney in the above-captioned action for Plaintiff, Andrew R. ets, per his request. e ctfully submitted, J Date: 9 P ebra R. Mehaffie, Esquir ttorney I.D. No. 90951 caringi & Scaringi, P.C. 000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 f . CERTIFICATE OF SERVICE I hereby certify that I served the foregoing Praecipe to Withdraw and Praecipe to Enter to Defendant by United States Postal Service, regular mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire McNees Wallace & Nurick, LLC 100 Pine Street Harrisburg, PA 17108-1166 Attorney for Defendant submitted, Date: ho i R. Mehaffie, EsqWe iey I.D. No. 90951 ngi & Scaringi, P.C. Linglestown Road, Suite 106 ;burn. PA 17110 (717) 657-7770 ~'f..E~-Ci ~' ~~ ~ G 3 (~~ t -v- N0.09-3897 JILL KIMBERLY SHEETS CIVIL ACTION -LAW Defendant DIVORCE PRAECIPE TO ENTER APPEARANCE .U a.ro. 9 ,et~t ANDREW ROBERT SHEETS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TO THE PROTHONOTARY: Kindly withdraw the appearance of Debra R. Mehaffie, Esquire on behalf of Scaringi & Scaringi, P.C. and enter the appearance of Debra R. Mehaffie, Esquire on behalf of Hynum Law, as attorneys in the above-captioned action for Plaintiff, Andrew R. Sheets, per his request and authorization. Date: ~ ~ ~ U bebra'R. Mehaffie, E: I.D. No. 90951 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 CERTIFICATE OF SERVICE I hereby certify that served the foregoing Praecipe to Enter Appearance upon the individual indicated below via United States Postal Service, first class mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire McNees Wallace & Nurick, LLC 100 Pine Street Harrisburg, PA 17108-1166 Attorney for Defendant Date • ~ ~9 U ~l ebra R. Mehaffie, E~ .D. No. 90951 Hynum Law 2608 N. Third Street ,Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 n r T9 ANDREW R. SHEETS' ? 1- { SU! " Plaintiff -v- JILL K. SHEETS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3897 CIVIL ACTION DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 15, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of Notice of Intention to Request Entry of the Divorce. 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-6 4rdV6ROSheets, PINK ff a Cl' 3..1?j . ANDREW R. SHEETS 7f IE COURT OF COMMON PLEAS Plaintiff 1SyL\t,,iJMBERLAND COUNTY, PENNSYLVANIA -v- JILL K. SHEETS No. 09-3897 Defendant CIVIL ACTION DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without further 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 Court. 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 lze? d4R7%ee"ts, Plaint F _ PH ANDREW ROBERT SHEETS, f--f. likIBERGA OURT OF COMMON PLEAS OF Plaintiff ''rN3 NPLYAND COUNTY, PENNSYLVANIA V. JILL KIMBERLY SHEETS, Defendant NO. 09-3897 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 12, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. K. #U1;t'4-,/ Ji . Sheets Date: .. Ly ~ 41 t 2 t ?.+ t,.. ill-IBERLAND COUNT ANDREW ROBERT SHEETS, 1DINSY MGM COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. JILL KIMBERLY SHEETS, Defendant NO. 09-3897 CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. JiligC. Sheets Date: Fit 1"o-OFFICE r Tltt NO COUNTY C?.?`?? ht?SY1.VANtA ,.4jOq- 389"7 MARITAL SETTLEMENT AGREEMENT BETWEEN ANDREW R. SHEETS AND JILL K. SHEETS INDEX OF MARITAL SETTLEMENT AGREEMENT BETWEEN ANDREW R. SHEETS AND JILL K. SHEETS 1. Personal Rights ........................................................................................................2 2. Advice of Counsel ....................................................................................................2 3. Disclosure of Assets .............................................................................................. ...3 4. Mutual Consent Divorce ....................................................................................... ...5 5. Equitable Distribution ........................................................................................... ...6 A. Real Property 1. Marital Residence .................................................................................... ...6 2. Wife's Cabin ............................................................................................ ...7 B. Division of Personal Property ........................................................................ ...8 C. Motor Vehicles ................................................................................................ .10 D. Pension, Profit-Sharing, Retirement, or other Plans Related to Employment .10 1. Wife's PSERS .......................................................................................... .10 2. Husband's 401(k)-5 STAR ...................................................................... .10 3. Husband's IRA ......................................................................................... .10 4. Husband's Brokerage Account ................................................................ .11 E. Distribution of Bank Accounts, Cash Assets, Stocks and Bonds and Investment Accounts ......................................................................................................... .11 1. Bank Accounts ......................................................................................... .11 2. Certificate of Deposits .............................................................................. .12 F. Business Interest ............................................................................................. .14 G. Life Insurance ................................................................................................. .15 H. After Acquired Property ................................................................................. .15 1. General Provisions .......................................................................................... .16 6. Debts ...................................................................................................................... .17 7. Payment to Wife .................................................................................................... .19 8. Income Tax .............................................................................................................19 9. Bankruptcy or Reorganization Proceedings ............................................................19 10. Alimony, Alimony Pendente Lite, Spousal Support ...............................................20 11. Payment of Counsel Fees ........................................................................................22 12. Waiver of Inheritance Rights ..................................................................................22 13. Waiver of Beneficiary Designation ........................................................................23 14. Waiver of Claims ....................................................................................................23 15. Preservation of Records ..........................................................................................24 16. Modification ............................................................................................................24 17. Severability .............................................................................................................24 18. Breach .....................................................................................................................24 19. Waiver of Breach ....................................................................................................25 20. Applicable Law ...................................................................................................... .25 21. Date of Execution ...................................................................................................25 22. Effective Date ........................................................................................................ .25 23. Effect of Reconciliation, Cohabitation or Divorce ................................................ .26 24. Headings Not Part of Agreement .......................................................................... ..26 25. Agreement Binding on Parties and Heirs ................................................................26 26. Entire Agreement .................................... ................................................................26 27. Mutual Cooperation ................................ ................................................................27 28. Agreement Not To Be Merged ............... ................................................................27 29. Waiver of Rights .................................... ................................................................28 30. Binding Effect ........................................ ................................................................28 31. Signatures of Parties ............................... ................................................................29 32. Notary ..................................................... ................................................................30 33. Exhibit A: Personal Property to Wife MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 20_, by and between ANDREW R. SHEETS (hereinafter referred to as "HUSBAND"), and JILL K. SHEETS, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE, were lawfully married on June 15, 1996 in Dauphin County, Pennsylvania; WHEREAS, the parties hereto have three children born or adopted of the marriage, namely Alisha Marie Sheets, born March 14, 1992, William Andrew Sheets, born October 14, 1999 and Madison Brianne Sheets, born June 29, 2001; WHEREAS, the parties have lived separate and apart since June 12, 2009 and continue to do so within the meaning of the Pennsylvania Divorce Code; and WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these promises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and (Initial) (Initial) valuable consideration, the receipt and sufficiency 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. PERSONAL RIGHTS: HUSBAND and WIFE may, at all times hereafter live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither parry will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL: Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. HUSBAND has been represented in this matter Debra R. Mehaffie, Esquire and WIFE has been represented in this matter by Debra Denison Cantor, Esquire. Each party fully understands the facts and his or her legal rights and obligations, and each party (Initial) 2 (Initial) acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each parry understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation, and fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS: 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 (Initial) 3 (Initial) Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel 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, unless it is later discovered that a parry made a material- misrepresentation in response to an inquiry from one party to the other. The parties acknowledge that they do not wish to make or append hereto any further enumeration or statement. Except as otherwise provided herein, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. The parties hereby acknowledge and agree that the (Initial) 4 (Initial) division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Except as specifically set forth herein, 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 a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE: It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree and acknowledge that, HUSBAND filed a Complaint in Divorce on June 12, 2009 in the Cumberland County Court of Common Pleas, Docket No. 09-3897-Civil Term and that WIFE was served with the Notice to Defend and Complaint in Divorce on June 15, 2009, as evidenced by the Acceptance of Service that was signed by WIFE's counsel on that date and filed with the Cumberland County Court of Common Pleas on June 19, 2009. Simultaneously upon execution of this Agreement, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file (Initial) 5 (Initial) 7 41 such stipulations, consents, affidavits or other documents as may be necessary to proceed to obtain a divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such action shall execute any waivers of notice or other waivers necessary to expedite such divorce. Upon completion of the divorce action, counsel obtaining a divorce decree will supply to the opposing parry a copy of the decree. Each parry will pay the fee required for their own certified copy of the divorce decree. 5. EQUITABLE DISTRIBUTION: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and shall be as follows: A. REAL PROPERTY 1. Marital Residence HUSBAND and WIFE acknowledge that they own estate situated at 106 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter 9? (Initial) 6 (Initial) referred to as the "Marital Residence") as Joint Tenants with Full Rights of Survivorship by deed dated May 1, 1996. The parties agree that HUSBAND shall retain the Marital Residence as his sole and separate property. WIFE agrees to transfer all her right, title and interest in and to the real estate situated 106 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND's counsel shall prepare a deed for WIFE's signature and WIFE shall execute the deed simultaneously upon executing this Agreement and promptly return the executed deed to HUSBAND's counsel, who shall record the deed. HUSBAND shall be responsible for paying the fee to record the deed. 2. WIFE'S CABIN The parties acknowledge that WIFE owns a cabin situated at Likens Valley Campground, Camp Street, Elizabethville, Pa 17023. WIFE shall retain the cabin as her sole and separate property. HUSBAND shall transfer any and all title, right and interest that he may have in the cabin to WIFE. WIFE agrees to be solely and (Initial) 7 k?(Initial) exclusively responsible for any and all mortgages, home equity loans, home equity lines of credit, real estate taxes, property taxes, homeowner's insurance, sewer bills, utilities, maintenance, and any and all other expenses related to the cabin, whether past, present or future. WIFE further agrees to indemnify HUSBAND and hold him harmless from any and all liabilities for same. Upon request, HUSBAND agrees to execute a deed, if necessary, to transfer the cabin into WIFE's individual name. If a deed is necessary to extinguish HUSBAND's interest in the cabin, WIFE shall be solely responsible for the costs to prepare and file the deed. B. Division of Personal Property The parties agree that except as specifically set forth on Exhibit "A" attached to this Agreement and incorporated herein, all household contents and personal property, including but not limited to, all furniture, furnishing, rugs, carpets, household equipment, appliances, pictures, guns, firearms, fishing equipment, books, works of art, and any other items of tangible personal property of whatever nature whether in the marital residence or elsewhere, shall be HUSBAND'S sole and separate property. Except as set forth in Exhibit "A", personal property. currently in HUSBAND's possession shall be HUSBAND's sole and separate property and personal property currently in WIFE's possession shall be WIFE's sole and separate property. (Initial) 8 (Initial) WIFE shall have ninety (90) days from the execution date of this Agreement to obtain the property awarded to her on Exhibit "A" attached. It shall be WIFE's sole responsibility to obtain and transport the items awarded to her. WIFE shall provide HUSBAND with ten (10) days advance notice of when she intends to come to the Marital Residence and obtain the property. HUSBAND and WIFE shall cooperative so that WIFE can obtain her property within the time set forth herein. If WIFE does not obtain the property within ninety (90) days, the property shall be considered abandoned property as to WIFE and shall be HUSBAND'S sole and separate property. Neither party shall make any claim to any such items of marital personal property designated to the other parry, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the parry at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. (Initial) 9 (Initial) C. Motor Vehicles: The parties specifically agree that each party shall retain exclusive use and ownership of the vehicles presently in his or her possession. Specifically, Husband shall retain 2001 Ford Windstar and 2001 blue Ford Explorer titled to him. Wife shall retain her green 2001 Ford Explorer that she inherited. Each parry shall be responsible for providing their own individual automobile insurance policies. D. Pension, Profit-Sharing, Retirement, or other Plans Related to Employment 1. WIFE's PSERS: WIFE represents that she liquidated her contributions when she separated from her teaching position and that this account no longer exists. Therefore, Wife represents that there is no value to this asset to be distributed between the parties. 2. HUSBAND's 401(k) - FIVE STAR INTERNATIONAL: The parties agree that HUSBAND shall retain as his sole and separate property all of his interest in his 401(k) earned through his employment with Five Star International. WIFE waives any and all right, title and interest that she may have in this asset. 3. HUSBAND's IRA: The parties acknowledge that HUSBAND opened an account with Kistler Tiffany Advisors on March 15, 2000 as a result of an IRA Rollover from a retirement plan. The parties agree that HUSBAND shall retain as his sole and separate property all of his interest in his IRA held by Kistler (Initial) 10 )9 (,?- (Initial) Tiffany Advisors (KTA-XXXX2117). WIFE waives any and all right, title and interest that she may have in this asset. 4. HUSBAND'S BROKERAGE ACCOUNT: The parties acknowledge that during the marriage HUSBAND held a small brokerage money market account with KTA and that said account has been closed. WIFE waives any and all right, title and interest she may have had in this asset. E. Distribution of Bank Accounts, Cash Assets, Stocks and Bonds and Investment Accounts 1. Bank Accounts: The parties acknowledge that as of the date of separation the following bank accounts existed: a.) HUSBAND's PNC #3481 b.) JOINT PNC Checking #5007 c.) HUSBAND's Members First Savings account d.) HUSBAND's Wood Forest Bank Checking Account #6056 e.) HUSBAND's Members First Money Management £) HUSBAND's PNC Statement Savings #3845 The parties agree that HUSBAND shall retain the balances in the above- listed accounts and in any bank accounts in his name. WIFE waives any right, title or interest she has in these accounts. HUSBAND shall close all accounts that reflect WIFE's name and WIFE shall cooperate in doing so. (Initial) 11 (Initial) HUSBAND shall be the sole owner and retain any other bank accounts in his name and WIFE waives any right, title or interest she may have in HUSBAND's bank accounts. WIFE shall retain ownership of any bank accounts in her name and HUSBAND waives any right, title or interest he has in WIFE's bank accounts account. 2. Certificates of Deposits: The parties acknowledge that as of the date of separation the following C.D.s existed: a.) HUSBAND's Susquehanna Bank #0287 b.) HUSBAND's Susquehanna Bank # 1228 c.) JOINT Susquehanna Bank #8511 d.) HUSBAND's Members First - 12 Month e.) HUSBAND's Members First - 12 Month f.) HUSBAND's Members First - 18 Month g.) HUSBAND's PNC 95860 h.) HUSBAND's PNC #3816 The parties agree that HUSBAND shall retain as his sole and separate property these C.D.s and any other C.D.s in his name. WIFE shall cooperate to remove her name from any C.D. retained by HUSBAND. WIFE waives any right, title or interest she may have in these assets. (Initial) 12 (Initial) The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. If either party remains upon an account to be retained by the other party, the parties agree that they shall take all steps that are necessary to title the account to a sole name within thirty (30) days of the date of this Agreement. The parties further agree that HUSBAND shall remain the custodian on all accounts held for the parties' children. Those accounts are as follows: Susquehanna #7627 for Madison B Sheets Susquehanna #7858 for William A. Sheets Susquehanna #7924 for Alisha Sheets Susquehanna # 1194 for Alisha Sheets Susquehanna # 1202 for William A. Sheets Susquehanna #1210 for Madison B. Sheets Susquehanna #5427 for Alisha Sheets Susquehanna #7624 for William A. Sheets Susquehanna #7625 for Madison B. Sheets Susquehanna #0284 for Madison B. Sheets Susquehanna #0286 for Alisha Sheets Susquehanna #90287 for William A. Sheets a(Initial) 13 (Initial) Susquehanna #5435 for William B. Sheets Susquehanna #5443 for Madison B. Sheets It is agreed by the parties that these accounts shall be used for the children's education and shall not be used by Husband or Wife for any other purpose until the children obtain age 25. Release of the funds for the children's use shall not be unreasonably withheld. The funds shall be released to each child upon reaching age 25 unless the child has been convicted of a crime greater than a misdemeanor or a crime involving drugs or alcohol. If so convicted, Husband and Wife shall agree on disbursement of the children's account(s). It is specifically agreed that Wife shall not receive the funds. If a child does not obtain age 25 Husband shall retain the funds. F. Business Interest: Sheets Limited Partnership. WIFE acknowledges that HUSBAND owns a 2.7% share of Sheets Limited Partnership. WIFE agrees to transfer any and all of her marital right, title and interest in and to said business and its assets to HUSBAND. WIFE agrees to execute, now and in the future, any and all documents or papers necessary to affect such waiver of interest upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in the said business and further agrees never to assert any claim to such asset in the future. (Initial) 14 &_(Initial) L HUSBAND hereby indemnifies WIFE against, and agrees to assume, sole liability and responsibility for any encumbrance, lien, loss, damages, expense, civil or criminal liability including deficiency assessment, penalty or interest which WIFE may incur for any reason whatsoever as the result of any transaction undertaken on behalf of the business. G. Life Insurance: The parties acknowledge that no life insurance policies with cash value existed during the marriage, on the date of separation or currently. The parties agree that there shall be no restrictions on either party regarding designation of beneficiaries nor shall there be any other limitations regarding the financing, continuation or termination of any life insurance polices held by either of the parties. H. 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, mixed or personal, tangible or intangible, which were acquired subsequent to their separation and which may hereafter be acquired by him or her, with full power in him or her to dispose of same as fully and effectively as though he or she were unmarried. (Initial) 15 (Initial) I. General Provisions: The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible property. Neither parry shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the parry. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, (Initial) 16 X- mortgage, or other instrument of the other pertaining to such disposition of property. 6. DEBTS: HUSBAND represents and warrants to WIFE that since separation he has not, and in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. WIFE shall be solely responsible for any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in WIFE's sole name, and not otherwise provided herein. Likewise, HUSBAND shall be solely responsible for any and all other debts, liabilities, obligations, loans, credit card (Initial) 17 (Initial) accounts, and the like incurred in HUSBAND's sole name, and not otherwise provided herein. Each parry agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other parry as the result of defending against the obligation and/or enforcing the provisions of this indemnification. The parties acknowledge that they have accumulated the following martial debts during the course of the marriage with date of separation values as set forth herein: NONE Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in- violation of this Agreement, then the parry incurring said charge shall immediately repay same. From the date of this Agreement, each parry shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. Any liability not disclosed in this Agreement shall be the sole responsibility of the parry who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. (Initial) 18 (Initial) 7. PAYMENT TO WIFE: To compensate WIFE for the aforementioned transfers heretofore made to HUSBAND, HUSBAND agrees to pay WIFE the sum of ONE HUNDRED TWENTY-NINE THOUSAND DOLLARS ($129,000.00) to be paid to WIFE within 30 days of the execution date of this Agreement. 8. INCOME TAX: The parties acknowledge that during the marriage, the parties have heretofore filed joint federal and state tax returns. 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 for any tax filing made during the marriage, 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. 9. BANKRUPTCY OR REORGANIZATION PROCEEDINGS: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions X(Initial) 19 AS- (Initial) of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either parry in the future, any monies to be paid to the other party, or to a third parry, pursuant to the terms of this Agreement, shall constitute support and maintenance and shall not be discharged in bankruptcy. Should either party file for bankruptcy and a bankruptcy court discharges any of the debts that a party is responsible for pursuant to the terms of this Agreement, he or she shall indemnify and hold the other party harmless on same. 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT: HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of (Initial) 20 (Initial) all claims and demands that either may have now or hereafter have against the other for alimony, alimony pendente lite and spousal support, or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. HUSBAND and WIFE hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and / or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Each party shall indemnify, defend and hold the other harmless against any future action for alimony, alimony pendente lite, spousal support or other action for support or maintenance, brought by or on behalf of the other, and the results of such action. Such indemnity shall include the reasonable counsel fees of the defendant in any such future action. The parties shall be responsible to provide and pay for their own medical, dental, vision and hospitalization insurance. Likewise, each shall be solely responsible for his or, her own uninsured expenses. (Initial) 21 *(Initial) Upon entry of the divorce decree, the current order for spousal support / APL shall be terminated. 11. PAYMENT OF COUNSEL FEES: The parties acknowledge that they are each responsible for payment of their own counsel fees and costs associated with their divorce and support, alimony pendente lite, and alimony disputes. Neither party shall seek contribution from the other for counsel fees or costs incurred through the date of execution of this Agreement. Upon entry of the divorce decree, the current spousal support order shall be terminated, but Husband shall be obligated to pay any arrears existing on his Domestic Relations account as of the date of the divorce decree. 12. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically -provided in this Agreement, as of the execution date of this Agreement, HUSBAND and WIFE each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said parry has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. (Initial) 22 )1_9?c_ (Initial) 13. WAIVER OF BENEFICIARY DESIGNATION: Unless otherwise specifically set forth in this Agreement, each parry hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution schemes, and each parry expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 14. WAIVER OF CLAIMS: Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. (Initial) 23 (Initial) 15. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate and each party will allow the other parry access to those records in the event of tax audits. 16. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 17. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 18. BREACH: If either parry hereto breaches any provision hereof, the other parry 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. The non breaching party shall be entitled to recover from the breaching parry all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party if successful. (Initial) (Initial) 24 rg> 19. WAIVER OF BREACH: The waiver by one parry of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 20. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last parry to execute this Agreement. 22. EFFECTIVE DATE: This Agreement shall become effective and binding upon both parties on the execution date. (Initial) 25 (Initial) 23. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own (Initial) 26 (Initial) -9f- attorney, if any; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION: Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED: This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under 23 Pa. C.S. § 3502 (e), of the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. (Initial) 27 19-s- (Initial) 29. WAIVER OF RIGHTS: Both parties hereby waive the following procedural rights: a.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, any and all other means of discovery permitted under the law; b.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony, alimony pendente lite, counsel fees and costs and expenses. 30. BINDING EFFECT: BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, CONSISTING OF 29 PAGES PLUS EXHIBIT A (I PAGE) AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 4- (Initial) 28 403- (Initial) IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. 06tv/ 1? . SHEE , HUS AND ND aNRe JILL A. SHEETS, WIFE 9- (Initial) 29 /(Initial) ?LJ TNESS COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this ?%-, day of e: 20 td before me, the undersigned officer, personally appeared ANDREW R. SHEETS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARIAL SEAL SHAUNA L BEDELL Notary Public AJ-4aAX- zz'd2v HARRISBURG CITY, DAUPHIN COUNTY My Commission Expires Jun 17, 2015 Notary Public COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF ? eke . On this /5401 day of , 20_, before me, the undersigned officer, personally appeared JILL K. SHEETS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. wwtBNWEAL-M OF PENNSYLVANIA Notarial Seal C Michelle C. Armour, NOSY Public ity of HartWwm 6 CwM ?y commission &PIM Oct. 2, 2013 Notary Public (Initial) 30 IQ r (Initial) EXHIBIT A PERSONAL PROPERTY TO WIFE 1. WIFE's Aunt Ruth's wooden dining room furniture, including 6 chairs, table, hutch, and buffet (located in garage at marital residence); 2. WIFE'S Grandmother's piano; 3. Sunflower collection, including shelves and home decoration; 4. Wooden glider rocker and matching ottoman which was purchased for WIFE at Billy's baby shower; 5. Old fashioned wood and metal student desk (in sunroom of marital residence) 6. Billy's wooden dresser; 7. Maddie's white dresser with attached bookshelf; 8. Ali's bedroom furniture, including bed, bookshelf, desk with attached bookshelf, and dresser with attached mirror; 9. Wicker furniture, including shelf, love seat, 2 chairs, and small table; 10. Wooden porch swing; 11. One (1) working power push mower; 12. Small items as mutually agreed to by HUSBAND and WIFE. R Debra R. Mehaffie, Esquire Hynum Law 2608 N. Third Street Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 debm@hynumpc.com Counsel for Plaintiff Andrew R. Sheets ANDREW R. SHEETS Plaintiff -v- JILL K. SHEETS Defendant Sit= flit" PRO`?HONOTARY 2012 JUL -3 AN 10: 50 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3897 CIVIL ACTION DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: June 15, 2009, via Acceptance of Service executed by Wife's counsel. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff. June 15, 2012 4. Related claims pending: none. By Defendant: June 15, 2012 5. Date Plaintiff's Waiver of Notice in 3310(c) Divorce was filed with the Prothonotary: June 22, 2012. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: June 22, 2012. LAW Date: 1 1 Ll' By: V bra R. Mehaffie, Esquire 4eeD. No. 90951 2 08 N. Third Street isburg, PA 17110 ele: (717) 774-1357 Fax: (717) 774-0788 debm@hynumpc.com Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANDREW R. SHEETS V. JILL R. SHEETS NO. 09-3897-Civil Term DIVORCE DECREE AND NOW, ??,y ?? 4? 3•?0@M,_, it is ordered and decreed that ANDREW R. SHEETS plaintiff, and JILL R. SHEETS defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the parties' Marital Settlement Agreement dated June 15, 2012, attached hereto, are incorporated but not merged herewith. By the Court, /W;9/ ? Loal /Az, 141? Ae 49 ll?c'e to ?? y ,na, /Pc/ -f v /#/' C' /7/%) r