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HomeMy WebLinkAbout09-6646WALTER R. NEVEKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL DIVISION KAREN B. NEVEKER, G Defendant NO. D -66'1G CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 Telephone: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WALTER R. NEVEKER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL DIVISION KAREN B. NEVEKER, Defendant : NO. 09- 604 CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(C) or 3301(D) COUNT ONE DIVORCE 1. Plaintiff is WALTER R, NEVEKER, an adult individual, whose address is 328 East Meadow Drive, Mechanicsburg, Pennsylvania, since August 2009, formerly of 2193 Bradford Drive, Mechanicsburg, Pennsylvania, since July 2008. 2. Defendant is KAREN B. NEVEKER, an adult individual, whose address is 133 Reba Drive, New Oxford, Pennsylvania since 2004. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least (6) months immediately prior to the filing of the Complaint. 4. Plaintiff and Defendant were married on September 25, 1993, in Finksburg, Maryland. 5. Plaintiff and Defendant have lived separate and apart since September 19, 2007. 6. The marriage is irretrievably broken. 7. Plaintiff avers that neither he nor the Defendant are members of the United States Armed Forces. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff waives that right. 9. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 10. There has been no prior action of divorce or annulment of marriage between the parties in this or any other jurisdiction. WHEREFORE, plaintiff requests your Honorable Court to enter a decree of divorce, and if the parties enter into an agreement, that the same be incorporated in the decree and entered as an Order of this Court. COUNT TWO EQUITABLE DISTRIBUTION 11. The prior paragraphs of this complaint are incorporated by reference. 12. Plaintiff and defendant have legally and beneficially acquired property, both real and personal, during their marriage, until the date of their separation, which is "marital property". 13. Plaintiff and defendant may have owned prior to marriage, property, both real and personal, which property has increased in value during the marriage and/or has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property that is outside the scope of January 12, 2009 agreement. Respectfully Submitted, 2?? Benjamin R. Yoffee, Esquire PA Attorney I.D. # 208504 15 E. Main Street New Bloomfield, PA 17068 (717) 582-0122 Attorney for Plaintiff, Neveker VERIFICATION I, Walter R. Neveker, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 001 Date: ?? X b74 OF THE"' Ppc)T?;!o%,oTARy 2009 OCT -6 AFB to: 16 CUMZ - -Ail PEP d?ti" 33 3i-? S0 o?-? . 0 v 3 . S6 ?Od- ,-H y y ? e c1e a 1701 P- I.,-- as/ y y3 aqt. p ?e ?, 7-450 WALTER R. NEVEKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL DIVISION KAREN B. NEVEKER, Defendant NO. 09-6646 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF PERRY Tana A. Notestine, Legal Assistant for Benjamin Yoffee, Attorney for Walter R. Neveker, being duly sworn according to law, deposes and says she mailed a true and correct copy of the Complaint in Divorce in the above-captioned action to Defendant, at her address: 133 Reba Drive, New Oxford, Pennsylvania 17350 by Certified Mail No. 7007 3020 0001 5380 4446, Return Receipt Requested, on October 6, 2009 and was received by Plaintiff on October 7, 2009. Tana A. Notestine, Legal Assistant for Benjamin Yoffee, Attorney for Plaintiff 15 East Main Street P.O. Box 605 New Bloomfield, PA 17068 (717) 582-0400 W (Domestic Coverage Provided) ..r For delivery informatio n -1sit our website at A 0 M Postage $ Ln Certified Fee - t ° ° - - fj^ r C3 Return Receipt Fee $12 I Posh , C3 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) C3 I C3 Total Postage 8 Fees m N 0 Sent To ?? er? 4 Street, Apt. o.; 3 No. or PO Bo------ I City, State, ZIP+4 _ - ----------------- p !! ------------------- ? ^ ^ PS Fo,m r August 2006 ? See R v r f t I e e se or ns rUCtions ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mailplece, or on the front If space permits. 1, , Article Addressed to: ? 33 i?cl???rt v?, 17,35D A. ? Agent "-? Addressee Date ofDeliverv D. Is delivery address different from item 1? ? Yes If YES. enter delivery address below: ? No 3. Service Type $,Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exfia Fee) I?Yes 2. Article Number - - (lWISAerf mWrvrcelabs?) 7007 3020 0001 5380 4446 P5 Form 31311, February 2004 Domestic Return Receipt 102566-02-M-1540. t t , WALTER R. NEVEKER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL DIVISON KAREN B. NEVEKER, Defendant : NO. 09-6646 CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 19, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verify that the statement made in this affidavit are true and correct. I understand that false statements herein are made subjected to penalties of P . C. § 4904 relating to unworn falsifi ations to authorities. Date: /0 / 0°/ A F THE GARY 2009 OCT 20 PM 1.5 1 WALTER R. NEVEKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION KAREN B. NEVEKER, Defendant NO. 09-6646 CIVIL TERM NOTICE TO PLEAD TO: Mr. Walter R. Neveker c/o Benjamin R. Yoffee, Esquire P.O. Box 216 Camp Hill, PA 17001-0216 You are hereby notified to file a written response to the Answer and Counterclaims within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully Submitted, BECKER & STRAUSBAUGH, P.C. By: Scott J. Strausbaugh, Esquire Supreme Ct. I.D. #89425 Counsel for Defendant 544 Carlisle Street Hanover, Pennsylvania 17331 / (717) 630-9688 Date: BECKER & STRAUSBAUGH PC ATTORNEYS AT LAW 544 CARLISLE STREET HANOVER, PA 17331 (717) 630-9688 1 WALTER R. NEVEKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. . CIVIL DIVISION KAREN B. NEVEKER, Defendant NO. 09-6646 CIVIL TERM BECKER & STRAUSBAUGH PC ATTORNEYS AT LAW $44 CARLISLE STREET HANOVER, PA 17331 (717) 630-9688 DEFENDANT'S ANSWER AND COUNTERCLAIMS TO COMPLAINT FOR DIVORCE AND NOW, this 20th day of October 2009, comes the Defendant, Karen B. Neveker, by her attorneys, Becker & Strausbaugh, P.C., and files this Defendant's Answer and Counterclaims to Complaint for Divorce whereof the following is a statement: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. WHEREFORE, Defendant respectfully requests that the Court enter an Order divorcing her from the bonds of matrimony with Plaintiff. 2 COUNT TWO EQUITABLE DISTRIBUTION 11. Admitted. 12. Admitted. 13. Admitted. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter a Divorce Decree subject to the resolution of claims and counterclaims herein. COUNTERCLAIMS COUNTI ALIMONY AND ALIMONY PENDENTE LITE/SPOUSAL SUPPORT WALTER R. NEVEKER V. KAREN B. NEVEKER 14. All preceding and succeeding paragraphs are incorporated herein by reference. 15. The Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. The Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. The Defendant requests that this Honorable Court enter an award of reasonable alimony pendente lite/spousal support and upon final hearing, enter an award of permanent alimony thereafter. WHEREFORE, the Defendant respectfully requests that this Honorable Court BECKER & STRAUSBAUGH PC ATTORNEYS AT LAW 544 CARLISLE STREET HANOVER, PA 17331 (717) 630-9688 award to her reasonable alimony pendente lite/spousal support and upon final hearing, enter an 3 award of permanent alimony, equitably divide all marital property, and enter a Decree of Divorce. COUNT II ATTORNEY'S FEES AND EXPENSES WALTER R. NEVEKER V. KAREN B. NEVEKER 18. All preceding and succeeding paragraphs are incorporated herein by reference. 19. The Defendant has employed Becker & Strausbaugh, P.C. as counsel, but is unable to pay all of the necessary and reasonable attorney's fees for said counsel. 20. The Defendant has entered into a Fee Agreement with Becker & Strausbaugh, P.C. 21. The Defendant may be in need of hiring an accountant, business appraiser, real estate appraiser and other experts, but does not have the funds necessary to pay the necessary and reasonable fees. 22. The Defendant requests that this Honorable Court enter an award of temporary counsel fees, costs and expenses and Order such additional sums thereafter as may be deemed necessary and appropriate, and at a final hearing, to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. WHEREFORE, the Defendant respectfully requests that this Honorable Court award to her BECKER & STRAUSBAUGH PC ATTORNEYS AT LAW 544 CARLISLE STREET HANOVER, PA 17331 (717) 630-9688 temporary counsel fees, costs and expenses and such other additional sums thereafter as may be deemed necessary and appropriate, and at the time of the final hearing, award to her such additional counsel fees, costs and expenses as are deemed necessary and appropriate, award to her reasonable alimony pendente lite/spousal support and upon final hearing, enter an award of permanent alimony, equitably divide all marital property, and enter a Decree of Divorce. 4 COUNT III REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATION OF EXISTING POLICIES INSURING THE LIFE AND HEALTH OF PLAINTIFF UNDER PA. CONS. STAT. ANN. §3502(d) WALTER R. NEVEKER V. KAREN B. NEVEKER 23. All preceding and succeeding paragraphs are incorporated herein by reference. 24. During the course of the marriage the Plaintiff has maintained certain life and health insurance policies for the benefit of the Plaintiff and their children. 25. Pursuant to Pa. Cons. Stat. Ann. §3502(d) the Defendant requests that Plaintiff be directed to continue maintenance of said policies for the benefit of the Defendant and their children. WHEREFORE, the Defendant respectfully requests that pursuant to Pa. Cons. Stat. Ann. §3502(d) this Honorable Court enter an Order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of the Defendant and their children. Respectfully Submitted, BECKER & STRAUSBAUGH, P.C. By:4-11 Scott J. Strausbaugh, Esquire Counsel for Defendant 544 Carlisle Street Hanover, Pennsylvania 17331 Supreme Ct. I.D. #89425 (717) 630-9688 BECKER & STRAUSBAUGH K ATTORNEYS AT LAW 544 CARUSLE STREET HANOVER, PA 17331 (717) 630-9688 WALTER R. NEVEKER, Plaintiff VS. KAREN B. NEVEKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-6646 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Answer and Counterclaims on the person and in the manner indicated below: Service via first class mail to: Mr. Walter R. Neveker c/o Benjamin R. Yoffee, Esquire P.O. Box 216 Camp Hill, PA 17001-0216 BECKER & STRAUSBAUGH PC ATTORNEYS AT LAW 544 CARLISLE STREET HANOVER, PA 17331 (717) 630-9688 Date: J 4 4o O Respectfully Submitted, BECKER & STRAUSBAUGH, P.C. By: Scott J. Strausbaugh, Esquire Supreme Ct. I.D. #89425 Counsel for Defendant 544 Carlisle Street Hanover, Pennsylvania 17331 (717) 630-9688 6 VERIFICATION I verify that the statements made in this Answer and Counterclaims are true and correct. understand that false statement herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. dan Neveker Dated: BECKER & STRAUSBAUGH PC ATTORNEYS AT LAW 544 CARLISLE STREET HANOVER, PA 17331 (717) 630-9688 rI? k C ( HE IN09 0- CT 21 PI 3': C 5 45a-00 PCA WALTER R. NEVEKER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL DIVISON KAREN B. NEVEKER, Defendant, : NO. 09-6646 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF PERRY Tana A. Notestine, Legal Assistant for Benjamin Yoffee, Attorney for Walter R. Neveker, being duly sworn according to law, deposes and says she mailed a true and correct copy of the Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code in the above-captioned action to Defendant, at her address: 178 Maple Drive, Hanover, Pennsylvania 17331 by First Class Regular U.S.A. Mail, postage prepaid and by Certified Mail No. 7007 3020 0001 5380 4484, Return Receipt Requested, on October 23, 2009 and was received by Plaintiff on November 6, 2009. ~'~ ~ . I `~~:J~~ n ~ st Tana A. Notestine, Legal Assistant for Benjamin Yoffee, Attorney for Plaintiff 15 East Main Street P.O. Box 605 New Bloomfield, PA 17068 (717)582-0122 U.S . Post al Ser vice, M C E RTIF IED MAIL TM REC EIPT (Dom estic M ail Onl N .. y ; o /ass urance C overa e P i eli g rov ded) ~~ very inf ormatio n visit ou r websier+ ~ t ,.,,.,.....___ _ O) ~O !r'1 Lr'1 Postage rl Certified Fee 0 O Return Receipt Fee (Endorsement Required} ~ Restricted Delivery Fee ~ (Endorsement Required) f1J O Total Postage & Fees m v 0 r` ^ Complete Rams 1, 2, and 3. Also complete Rem 4 if Restricted Delivery Is desired. ^ Print your name and address on the reverse so that we can return the cans to you. ^ Attach this card to the back of the mailpiece or on the front ff space permits. 1. Article Addressed to: i~ $ i~~~ ~~ ~ 733 ~ A. ^ Agent by (PrlnteiY Name) ~ C. Date of Del(very D. Is delivery address diffe~~~~~~ ~?~ Yes If YES, enter delivery w: ^ o w` ti. 3. Service Type ~.~„~_,/ ~I.Certlfied Mali ^ Express Mail ~ Registered ^ Return Receipt for Merchandise O Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) Gtr Yes a. ArtideNumger 7DD7 3D2D DDD1 5380 4484 (Transfer Irom service !abet) _____-_ __ _____ ____ PS Form. 3811, Febrlyary 2004 Domestic Return Receipt 102595-02-M-1540 , _,' , ,, i1 t 3 ~`'' 2~ ~ l~'S7~'.~~~~+ t 1i ..~~ ~: i'ti i ~;~: ,. i .,~ WALTER R. NEVEKER, Plaintiff vs. KAREN B. NEVEKER, Defendant cs_ N ;: T "T N~,E~ .. .--w ~N~YIANIA PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE To the Prothonotary: Please withdraw my appearance on behalf of the Plaintiff, Karen B. Neveker, in the above-captioned matter. Respectfully submitted, Date: z. d IN THE COURT OF COl CUMBERLAND COUNTY, CIVIL DIVISION NO.09-6646 CIVIL TERM BECKER & STRAUS UGH, P.C. By: Scott J. trausbaugh, Esquire Supreme Court I.D. #89425 Counsel for Plaintiff 544 Carlisle Street Hanover, PA 17331 (717) 630-9688 Please enter my appearance on behalf of the Plaintiff, Karen B. Neveker, in the above- captioned matter. Respectfully submitted, BECKER Ht STRAUSBAUGH, PC ATTORNEYS AT LAW 544 CARLISLE STREET HANOVER, PA 17331 (717)630-9688 Date: ~ 3(S U By: Heather Entwistle Roberts, Esquire Supreme Court I.D. # 2 0 9 2 3 0 Counsel for Plaintiff 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER R. NEVEKER PLAINTIFF VS. KAREN B. NEVEKER DEFENDANT No. 09-6646 Civil Term CIVIL DIVISON MOTION TO WITHDRAW ~~ ~~°~~ ~ ;~ ~ Q~~~ TAY Z~°!~ ~~T ~Q ~~~f 3~ 27 v~.1a'~~~i~~,~~~1~ CO(1TY EF~NSYL~~,~1q AND NOW, comes Benjamin R. Yoffee, Esquire and respectfully avers as follows: 1. Plaintiff has decided to retain other counsel to represent his interests as evidenced in attached Exhibit (A) 2. Plaintiff was provided with all relevant information from his file not privileged as attorney work product as not to prejudice him in pursuing said divorce. 3. Counsel requests an Order from the Court permitting his withdraw. WHEREFORE, Benjamin R. Yoffee, Esquire requests this Court enter an Order allowing him to withdraw from this divorce matter. Respectfully submitted Benjamin R. Yoffee Attorney ID # 208504 1 S E. Main Street New Bloomfield, PA 17068 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER R. NEVEKER PLAINTIFF VS. KAREN B. NEVEKER DEFENDANT No. 09-6646 Civil Term CIVIL DIVISON PROOF OF SERVICE I hereby certify that I am this day serving a true and accurate copy of the foregoing "Motion To Withdraw" upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P 440 Service by first class mail. U S po a naid• Mr. Walter Neveker 328 East Meadow Drive Mechanicsburg, PA 17055 Ms. Heather Roberts, Esq 66 W. Middle Street Gettysburg, PA 17325 DATED: ~~9~~ Benjamin R. Yoffee, Esquire Attorney LD. No. 208504 15 E. Main Street P.O. Box 605 New Bloomfield, PA 17068 r R I, Walter Neveker, have decided to retain other counsel in my divorce and custody case and have taken possession of my files previously held by Benjamin Yoffee, Esquire. Date: /a- i`f-~ v er Neveker WALTER R. NEVEKER, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL DIVISION ~ `=' KAREN B. NEVEKER, -~ ~ ~ ~, ._.,; Defendant : N0.09-6646 CIVIL TERM ~~ ° ``''~ ~~ ~ ~ ~ - ~. ~ ~ ~ ' 4 ~p AMENDE D MOTION TO WIT)EIDRAW w: • ., ., . ; .., .~..: _. ,w :~-, AND NOW, comes Benjamin R. Yoffee, Esquire and respectfully avers as follows: 1. Plaintiff's attorney incorporates Motion to Withdraw filed in the above captioned and filed on October 20, 2010 by reference. 2. Plaintiff's attorney contacted Heather Roberts, Esquire attorney for the Defendant who concurs with Attorney Yoffee's request to withdraw from this matter. 3. Plaintiff s attorney is without knowledge as to if this case has been assigned to any specific judge. 4. There has been no other action commenced in Cumberland County Court commenced except for complaint, answer and counterclaim in divorce. Wherefore, Benjamin R. Yoffee, Esquire requests this Court enter an Order allowing him to withdraw from this divorce matter. Benjamin R. Yoffee Attorney ID # 208504 15 E. Main Street New Bloomfield, PA 17068 .~ WALTER R. NEVEKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KAREN B. NEVEKER, Defendant CIVIL DIVISION N0.09-6646 CIVIL TERM PROOF OF SERVICE I hereby certify that I am this day serving a true and accurate copy of the foregoing "Amended Motion To Withdraw" upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R. C.P. 440 Service by first class mail, U.S. pos a paid: Mr. Walter Neveker 328 East Meadow Drive Mechanicsburg, Pa 17055 Ms. Heather Roberts, Esq. 66 W. Middle Street Gettysburg, PA 17325 DATED: ,IO~o1 r Benjamin R. offee, Esq. Attorney LD. No. 208504 15 E. Main Street New Bloomfield, PA 17068 OCT 21610 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER R. NEVEKER PLAINTIFF VS. KAREN B. NEVEKER DEFENDANT : No. 09-6646 Civil Term CIVIL DIVISON IN RE: MOTION TO WITHDRAW AS COUNSEL c o Q -n rn? a ? rn ov MC) x C= (D -? cn n t co ?.: ORDER OF COURT AND NOW, this day opLL 10, upon motion of Benjamin R. Yoffee, Esq., attorney for Plaintiff, this Court hereby grants him leave to withdraw from the above styled matter. BY THE COURT, "L4m.., Mc? IfI« /fa t-z? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WALTER R. NEVEKER , Plaintiff CASE NO. 09-6646 C G vs. -' a KAREN B. NEVEKER, Action in Divorce Defendant r?" r 4 6-n 7 NOTICE TO RESUME PRIOR SURNAME ' = - w Notice is hereby given that the Defendant in the above matter hereby elects to resume and hereafter use her former surname of KAREN LYNN BAILEY. lot/ 1711M &M1*e To ZnM- as: STATE OF 1--1YC? COUNTY OF ?rtrS ss: On the ?( day of Se-o , 2011, before me a Notary Public, personally appeared V-Gcer, b tvei;PKP r , formerly known as KGc e n L b?"?, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 60MMr NVAACTH 41' nl<NNOvLVANIA NOTARIAL SEAL JAMIE L. STREVIG, Notary Public tary Public Conewissi Adams County ] I a?` t " k $ ki, My Commission n Expires Nov. 21, 2011 y COmmI5510n expires: ?? _ PRO 3 tiONOTA;1 I 2912 MAR 21 AM 11: 44 WALTER R. NEVEKEk,UMDENLAND COUNZ`N THE COURT OF COMMON PLEAS Plaintiff PENNSYLVANIA: CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-6646 KAREN B. NEVEKER, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claim for equitable distribution filed by Plaintiff on October 6, 2009, in the above-captioned divorce action. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: -? .? o - /,-)- By: J hn w , Jr. A e 5615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff •r a A^? ??1 il. ,.. PPCTHC,tIT?;; 2012 HAR 21 ?? I I ? lE c? CUMBERLAND COUNTY WALTER R. NEVEKER, PENNS YLYANkHE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN B. NEVEKER, Defendant DOCKET NO. 09-6646 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 6, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: J 1d U //.k lit e Walt vek , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WALTER R. NEVEKER , Plaintiff vs. KAREN B. NEVEKER, Defendant CASE NO. 09-6646 Action in Divorce AFFIDAVIT OF CONSENT .. rn ;0 Ica ; - = W c r •, 7J C ' CD Cn x' C" -rot ? za oc .? 1. A Complaint in Divorce Under Section 3301(c) of the Divorce Code was filed on or about October 6, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint and service of the Complaint on Defendant. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: /C? KAR N B. NEVEKER, Defendant t a ?; OTHONOTA 2u, 12 MAR 21 AFB 11 ? t+4 CUMBERLAND COUNTY WALTER R. NEVEKER, . IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN B. NEVEKER, Defendant : DOCKET NO. 09-6646 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: 3Id 0//z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION , WALTER R. NEVEKER rnm - =-, Plaintiff zm CASE NO. 09-6646 ? .: -<> CD VS. Z: A c7 -r. KAREN B. NEVEKER, Action in Divorce Defendant -? - WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of 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. I verify that the statements made in this Waiver are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date3 k)&E??- 4&REN B. NEVEKER, Defendant ' _ [ r = iNC _ iJ;!1 21 ' f1 1F r rUMBERLAND COUNTY PENNSYLVANIA MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN WALTER R. NEVEKER AND KAREN B. NEVEKER John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Walter R. Neveker Heather Entwistle Roberts, Esquire PYLE & ENTWISTLE 66 West Middle Street Gettysburg, PA 17325 Telephone: (717) 334-6761 Counsel for Karen B. Neveker MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this o(v day of C? 2012, by and between WALTER R. NEVEKER and KAREN B. NEVEKER. WITNESSETH: WHEREAS, Walter R. Neveker (hereinafter called "Husband") currently resides at 328 East Meadow Drive, Mechanicsburg, Pennsylvania 17055; WHEREAS, Karen B. Neveker (hereinafter called "Wife") currently resides at 178 Maple Drive, Hanover, Pennsylvania 17331; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 25, 1993; WHEREAS, the parties have lived separate and apart since on or about September 19, 2007; WHEREAS, three (3) children were born of the marriage between the parties, namely, Bailey Armstrong Neveker, born January 7, 1999; Brevin Walter Neveker, bom August 21, 2001; and Brodey Julius Neveker, bom July 10, 2000; 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 premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and 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, 1 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 party 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 secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from Heather Entwistle Roberts, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in 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 party 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 parry 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 2 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, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, 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 that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available 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. Husband acknowledges that he has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania; Docket No. 09-6646. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel 3 for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties do not own any jointly titled real estate that is marital property on the date of the execution of this Agreement. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. The motor vehicles presently owned by both parties were acquired by them after separation and are not marital property. D. Boat. Husband is the owner of a 21' Bass Fishing Boat and a 200 horsepower Yamaha Engine. Husband shall retain this asset as his sole and separate property and shall assume any financial obligations related thereto. E. Life Insurance. Neither party has any life insurance that is considered marital property. To the extent either party has life insurance policies at the time of the execution of this Agreement, they shall be their sole and separate property. F. Pension and Retirement Benefits. Neither party has any pension or retirement benefits that are marital property. G. Bank Accounts. Each party shall retain as their individual assets any bank accounts in their individual name. There are no joint bank accounts of the parties. H. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a 4 sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 1. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 6. DEBTS. A. Marital Debt. There are no marital debts. Any debts that exist from the marriage are in the individual name of either party and shall be retained as their sole and separate obligation. This includes all existing credit cards which shall be the sole responsibility of the party currently paying on the card. B. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 5 C. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. D. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. E. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 7. INCOME TAX. Prior to 2010, 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, 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 6 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. 8. SUPPORT. A. SPOUSAL SUPPORT. Husband shall pay to Wife the sum of Four Hundred Fourteen Dollars ($414.00) as spousal support which shall convert to alimony upon the granting of a Decree in Divorce. The said spousal support payment shall be effective upon the execution of this Agreement and shall be entered as a modification to the existing spousal support Order contained in the action at PACSES Case No. 777109693 in the Domestic Relations Division of the Court of Common Pleas Adams County, Pennsylvania. The said payments after the entry of the Decree in Divorce shall continue until July 31, 2013 at which point the alimony payments will terminate. The said alimony payments shall be non-modifiable during the duration of the term. The alimony payments shall terminate upon the first to occur of the following: (1) The expiration of the alimony term; (2) Death of Husband; (3) Death of Wife; (4) Wife's remarriage or cohabitation; or (5) Wife withdrawal from the school she is attending for respiratory therapy (York College). All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. 7 B. CHILD SUPPORT. The parties agree to enter a modification to the current Child Support Order indexed to PACSES Case No. 777109693 in the Domestic Relations Division of the Court of Common Pleas Adams County, Pennsylvania effective November 14, 2011 for the support of the parties' three (3) minor children. The child support payment shall be One Thousand Four Hundred Eighty-six Dollars ($1,486.00) per month. The terms and conditions regarding child support shall be determined by the Domestic Relations Office as to any future modifications. In the event of a modification of child support before August 1, 2013, Wife shall not be held to an earning capacity for child support purposes until after that date except in the event Wife should withdraw from school she is attending for respiratory therapy see paragraph 8(A)(5). C. HEALTH INSURANCE. Wife shall maintain medical insurance currently in place for the parties' three minor children so long as it is available to her through the existing insurance. Husband shall place the children on dental and eye health insurance coverage through his employer. In the event Wife's loses her health insurance coverage for the children, Husband shall place the children on his health insurance coverage; however, at such time this change in coverage could adjust Husband's responsibility for child support as set forth herein. Wife shall be responsible, after the entry of a Decree in Divorce, to maintain her own health insurance. D. ARREARAGE. Husband agrees in addition to the payments set forth in subparagraph (A) and (B) hereof, Husband will pay Four Hundred Dollars ($400.00) per month on any arrearage created under the aforementioned paragraphs until paid in full. The allocation of the arrearage towards spouse or child support shall be as designated by the Domestic Relations Office. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive 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 party has or may have by reason of their marriage, except the rights 8 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. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party 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 scheme, and each party 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. 11. INCOME TAX EXEMPTIONS. The parties agree that they will alternate the income tax exemptions of their three children with a parent having two exemptions in one year and one exemption the next, alternating this arrangement until there are only two children that are eligible as exemptions as which point the parties will divide the exemptions equally with each party taking one child. When only one child is left as an eligible exemption the parties will alternate that child so long as he is eligible. The arrangement regarding the division of exemptions shall begin in the tax year 2012 for which Husband shall have the exemptions for Bailey and Brodey and Wife shall have the exemption for Brevin. This arrangement will be the opposite for the tax year 2013 and will continue in the alternating arrangement set forth above until no exemptions are any longer available to either party. This exemption situation shall remain in effect so long as the current custodial schedule remains in place or a schedule comparable to the current schedule. 9 12. CUSTODY. The parties have entered into a Custody Stipulation in this matter indexed to Docket No. 07-S-1291 in the Court of Common Pleas Adams County, Pennsylvania. A copy of that Stipulation is attached hereto marked Exhibit "A" and made a part hereof. 13. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds thereof in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, 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, each parry agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement, with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of 10 the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as otherwise set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. 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. 14. 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 party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11 16. 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. 17. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party 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. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be accomplished by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Walter R. Neveker 328 East Meadow Drive Mechanicsburg, PA 17055 and to Wife, if made or addressed to the following: Karen B. Neveker 178 Maple Drive Hanover, PA 17331 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 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. 12 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 party to execute this Agreement. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 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 a reconciliation, cohabit as husband and wife or attempt to effect a 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 hereto. 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; 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 parry shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, 13 • r 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 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. WIT SS J/V? ? Pi. WITNESS a 4en B. Neveker 14 Z;12 MAR WALTER R. Co P° VIV r YLVAMIA V. KAREN B. NEVEKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-6646 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon Defendant by certified, restricted mail on October 7, 2009, as evidenced by the Affidavit of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. March 20,2012; by Defendant: March 13, 2012. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated March 20, 2012. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: March 20, 2012; by Defendant: March 13, 2012. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Plaintiffs and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: U J hn onn y, Jr. tto e . 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff WALTER R. NEVEKER V. KAREN B. NEVEKER DIVORCE DECREE AND NOW, it is ordered and decreed that WALTER R. NEVEKER KAREN B. NEVEKER bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Marital Settlement Agreement dated March 20, 2012 is hereby mcorpora e u no merged, into this Decree in Divorce. By the Court, Attest: J Prot notary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-6646 `3''29' fI <a?y rrc??L?O? 7?a ?ce ??ly