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HomeMy WebLinkAbout04-5850 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA HARRY A. SHOGREN, Plaintiff NO. O'-l-S'ISO (!t"O,;L T~ VS. * * * * * CIVIL ACTION - LAW IN DIVORCE * CHERYL A. SHOGREN, Defendant * * 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 MAYBE 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, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HARRY A. SHOGREN, Plaintiff * NO. C>'i - Sf'$[) Q.wL't~ vs. * * * CIVIL ACTION - LAW IN DIVORCE CHERYL A. SHOGREN, Defendant * * * * COMPLAINT IN DIVORCE 1. The Plaintiff is Harry A. Shogren, who currently resides at 14 Bnck Drive, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is Cheryl A. Shogren, who currently resides at 14 Bnck Drive, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 29, 1967, in York, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is presently a member of the Armed Forces on active duty. 7. The parties have entered into a written agreement as to alimony, counsel fees, costs, and property division which Plaintiff shall ask to be incorporated by This Court into the Decree in Divorce. 8. Plaintiff has been advised that counseling is available and that he 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 issued. 9. The cause of action and section of the Divorce Code under which Plaintiff is proceeding are: (a) ~3301(c). The marriage of the parties is irretrievably broken. 10. Plaintiff respectfully requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: JJ J'1 /0 '-I ~CU BradIef A Winnick, Esquire 130 ~hurch Street Dillsburg, P A 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I, Harry A. Shogren, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. ~4904, relating to unsworn falsification to authorities. Date: /;)/7)';;DO'l ~~s~~T~ 7:::.J ~ ~ i -. ~ ~ 0- ~ - ~ .CQ. -- ...Q D () --~ 1- (-..., , r--' c''-.:l :i2 -, ---j , o -n \...0 ~G'l :=~ 8 _(,i:n - <0 ,..'\ ~ :.-_: () J..J _ .:~ .. \' I ," -'1 , ') ,..' .. ..... i...) :.::./" ...\ ~2;J. -:::1 c., C. ui IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA HARRY A. SHOGREN, * No. 04-5850 CML TERM Plaintiff * * vs. * CML AC110N * CHERYL A. SHOGREN, :It DIVORCE Defendant * ACCEPTANCE OF SERVICE I accept service of Plaintiff's Complaint in Divorce in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date /j~~Y M~ 14 Enck Drive Boiling Springs, P A 17007 o C -". ~~~~'. Z:,.;,.l ~!!:', ~c ~(~.~-) ,_ L PC 2~. ::<: N c;> ~ z C~) ...:::: w C'J o -"'\ --I :]~ :t\ r i . \.... -db p, ,,~() "',- i", ~~E!I (':")1'11 ~] -1:) ::3C iS5 (}'l ,g:- . , OLf-~P~() eDICT~ MARITAL SETTLEMENT AGRE:EMENT } '1-1' '" THIS MARITAL SETTLEMENT AGREEMENT, made this day of t.J a v C. t""\ be,'" , 2004, by and between CHERYL A. SHOGREN, of Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and HARRY A. SHOGREN, of Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on April 29, 1967, in York, Pennsylvania; WHEREAS, the children of the marriage are past the age ofmajority and there are no minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitabl(l distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to . ,_ ,~ _0 carry out the provisions of this Agreement. Neither party shall molest the other or attempt to <- .' - . /.. " -. ~ endeavor to molest the other, nor compel the other to cohabitate: with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that either may at any time file a Complaint for Divorce in any court of competent jurisdiction claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant t6 Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce: Code. It is further specifically . understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hen~by consents and agrees that this . Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECRE:E;, It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decret: but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of' execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Othe:rwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defmed as the date of . execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effe1ct as set forth in this Agreement. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, . and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (e) any , , country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all right!; and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., counsel for HUSBAND, and HUSBAND acknowledges that he has signed said Agreemt:nt freely and voluntarily after full consultation with his counsel. WIFE acknowledges that at no tilme has Attorney Winnick offered legal advice to her-or acted in any martnet as her legal represenUiltive. WIFE further acknowledges her right to obtain counsel of her own choosing, and to have said counsel assist her in any manner related to the instant Agreement. - By executing this Agreement, 'WIFE expresses her understanding of those rights and explicitly waives the right to counsel. WIFE acknowledges that she has signed said Agreement freely and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIQNS;, Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable exc€~pt as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obliga1tions arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against' any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the person:al effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with resp1ect to any personal property which is in the possession of the other, and which shall become the sole: and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The parties jointly own the marital residence situate at 14 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. WIFE shall retain sole and exclusive owi:J.ership and possession of said residence. HUSBAND shall execute a deed transferring all his right, title and interest in the property to WIFE. Except for the provisions contained within this Agreement, HUSBAND hereby waives an claim he has to the property in question as well as any and all equity therein. For purposes of the l~onsiderations and promises made in this Agreement, the parties hereby stipulate and agree that the marital residence has a net fair market value, in consideration of reasonable costs of sale, of $200,000.00. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they have owned the following accounts in their joint names with the following approximate balances as of the execution date of this Agreement: a) Cornerstone Federal Credit Union - savings account - $5,000.00 b) Cornerstone Federal Credit Union - savings account - $6,400.00 c) Americhoice Federal Credit Union - checking account - $0.00 The parties hereby agree to divide the proceeds of these accounts between them equally and to subsequently close said accounts. Each party shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. PENSIONS, ANNUITIES AND/OR RETIRE:MENT BENEFITS: The parties are the owners of the following pensions and retirement accounts, which shall be divided as provided herein: a) HUSBAND's ffiM Personal Pension Plan - It ill acknowledged herein HUSBAND retired from IBM in 1999 and has been receiving payments under this defined benefit plan. HUSBAND receives a gross monthly benefit of $2,124.95. At the time of his retirement, HUSBAND elected to name WIFE as his .beneficiary under the Joint and Survivor Election. It is understood by HUSBAND that the elections made at the time of his retirement are irrevocable. It is agreed that the parties shall execute a Qualified Domestic Relations Order (QDRO) to be submitted for approval by the Cumberland County Court of Common Pleas, and to the ffiM Personal Pension Plan Administrator, providing for WIFE to receive 33% of HUSBAND's monthly benefit. The parties understand that said payments to WIFE shall continue until either HUSBAND's death, in which case WIFE will receive her entitlement pursuant to her designation as survivor beneficiary, or until WIFE's death, in which case WIFE's benefit shall revert to HUSBAND. Commencing when HUSBAND vacates the maJital residence until such time as WIFE receives payment from the plan administrator pursuant to 1he QDRO, HUSBAND shall pay directly to WIFE 33% of his monthly net pension benefit. In the event that WIFE receives any payments from the plan administrator for a period in which she has already received money from HUSBAND, she shall reimburse HUSBAND in that amount. b) HUSBAND's Cornerstone Federal Credit Union (FCU) Money Market - $1,650.00 - HUSBAND shall retain this account as his sole and separate property and WIFE hereby waives any right, claim or interest she may have therein. c) HUSBAND's Cornerstone FCU IRA - $71,824.56 d) HUSBAND's Cornerstone FCU Roth IRA - $17,244.12 e) HUSBAND's F & M Trust IRA - $61,267.72 f) HUSBAND's Waypoint IRA - $75,029.62 g) HUSBAND's Members 1st IRA - $76,949.51 h) WIFE's Members 1st IRA - $7,893.95 i) WIFE's Cornerstone FCU Roth IRA - $9,065..20 The total value of the accounts referenced in sub-p:aragraphs c) through i) above is $319,274.68. It is the intention of the parties to divide these accounts between them equally by affecting a roll-over of $42,677.69 from HUSBAND's F & M Trust IRA to WIFE's Members 1st IRA. Other than this distribution, which shall occur on or before January 31, 2005, the parties hereby waive any right, claim or interest they may have in any retirement account held by the other. 15. MOTOR VEmCLES: It is acknowledged that the parties were joint owners of a 2000 Cadillac DeVille which has been sold in anticipation of entering into this Agreement. Subsequent to the sale of the Cadillac, the parties have agreed to purchase vehicles in their individual names. It is hereby agreed that any vehicle owned by either party on the effective date of this Agreement shall remain the sole and exclusive property of the party in whose name that vehicle is titled. It is further agreed that each party waives any claim, right, 1title or interest in any vehicle held by the other, and that each party shall maintain sole responsibility for any and all payments related to their individual vehicles, including automobile insurance. Both parties acknowledge that they are in full agreement with the distribution of any proceeds resulting :from the sale of the Cadillac. 16. AFTER-ACQUIRED PROPERTY: Each ofth.e parties shall hereafter own and enjoy, independently of any claim orright of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. It is specifically acknowledged herein that, in the near future, HUSBAND . intends to purchase a home located in the Country Manor .A~dult Community in Shippensburg, Pennsylvania. Said property shall be the sole and exclusive property of HUSBAND for which he shall be solely financially responsible. WIFE hereby waives any claim, right, title or interest she may have in said property or in any proceeds used to purchase saml~. 17 . SAVINGS BONDS: The parties were the owners of numerous savings bonds to be divided as follows: The parties have heretofore divided one hundred and eighty-six (186) savings bonds, with face values of $1,000.00 each, in order to purchase their individual vehicles following the sale of the marital vehicle as discussed elsewhere within this Agreement. The parties shall cause one (1) additional savings bond with a face value of $1,000.00 to be divided equally between them. HUSBAND shall retain ownership and possession of sixteen (16) additional bonds, fourteen (14) with face values of $1,000.00 and two (2) with face values of $200.00. WIFE waives any claim, right, title or interest in these bonds or the values thereof. It is agreed that these bonds shall be held until such time as the party's son marries, at which time they shall, in part, be utilized by the parties to pay for some of their son's wedding expense, and the surplus shall be given to him as a wedding gift. Finally, the parties acknowledge that some savings bonds were purchased in October 2004. It is agreed and acknowledged that these bonds were purchased fi)r the specific purpose of utilizing for the party's to travel to their son's wedding. Therefore, the bonds shall be held until such time as the party's son marries, at which time they shall be shared equally by the parties. 18. CASH SETTLEMENT: It is agreed that, in consideration of the considerations and promises made by the parties herein, WIFE shall pay to HUSBAND the sum of $12,000.00 in cash. This payment is specifically made in contemplation of HUSBAND's waiver of the equity in the marital residence, his need to secure housing of his own and the tax implications associated with his having to liquidate certain retirement accounts he will retain under the terms of this Agreement in order to purchase his own home. It is further contemplated by the parties that WIFE will pay this money to HUSBAND from her share of the savings bonds as distributed pursuant to Paragraph 17. 19. HEATH INSURANCE: During the marriage, and since HUSBAND's retirement, HUSBAND has provided health insurance to WIFE through his pension. HUSBAND hereby agrees to continue said coverage for WIFE for so long as he is able to do so under the pension plan. The parties acknowledge that the current cost of WIFE's health insurance is $119.00 per month. It is agreed that WIFE shall reimburse HUSBAND for the full cost of her coverage each month. In the event that HUSBAND cannot continue to cover WIFE under this plan once the divorce is final, WIFE shall be responsible for securing her own health insurance and shall be entirely fmancially responsible for that coverage. At all times subsequent to the effi~ctive date of this Agreement, each party shall be solely responsible for payment of any unreimbursed medical expenses they may incur. 20. LIFE INSURANCE: HUSBAND is the owner of three (3) life insurance policies. It is agreed that he shall remain the sole and exclusive owner of both policies, that he shall be free to make whatever beneficiary designations he deems appropriate, and that WIFE hereby waives any claim, right or interest she may have in either policy. 21. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2005. 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 ther(~with. 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~ 22. APPLICABILITY OF TAX LAW TO PROP.ERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfelrs of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act appliGable to the transfers set forth in this Agreement without recognition of gain on such transfer and subjt:ct to the cany-over basis provisions of said Act. 23. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their livc~s for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente litt:, spousal support, counsel fees and court costs. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreemeni'shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incumed by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: Except as herein otht,rwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowanee, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the olher any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties c:onfIrm that they have relied on the completeness and substantial accuracy of the fInancial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has fIled an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in fhll force and effect. 33. MODIFICATION AND WAIVER: A modifIcation or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same ' formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a WaiV(lf of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in'detennining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall bl~ construed under the laws of the Commonwealth of Pennsylvania and more specifically under th'e Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have s,et their hands and seals the date and year first above written. ~flj/ WIT 7 r - ~/A~EAL) CHERY) A. SHOGREN ~fJr~EAL) HARR{ . SHO REN " COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF YORK i!1 On this, /1 day of /J()lIem~ , 2004, before me a Notary Public, personally appeared Cheryl A. Shogren, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~/~ Notary Public Notarial Seal S. Dawn Gladfelter, Notary Public DiIIsbul9 Boro, York County My Commission Expires May 17, 2005 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA : SS. COUNTYOF ~ : .t:b On this, the 11 day of AhvemW, 2004, before: me a Notary Public, personally appeared Harry A. Shogren, known to me to be the person whose: name is subscribed to the within Marital Settlement Agreement and acknowledged th_at he executedl the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ~Il//-? /~LI:W ~c Notarial Seal S. Dawn Gladfelter, Notary Public J Dillsburg Boro, York County My Commission Expires May 17, 20m; Member, Pennsylvania ASSOCiation otNotariE's r~ , " , 0 _,t:-- -', I C::f <..., " OJ" I. , ! '-;"4 "I , -' -~) ..1 ) , I 1'\ .1 __,K r.. ) ) (,.' , CY-I- .s;?W c; <.>; L <--r €tuYJ MODIFICATION TO MARITAL SETI'LEMlH:NT AGREEMENT THIS MODIFICATION TO MARITAL SETTLE:MENT AGREEMENT, made this J 01-'1 day of Dc. ((. ....-.hc .,.- , 2004, by and between CHERYL A. SHOGREN, of Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and BARRY A. SHOGREN, of Shippensburg, Cumberland County, Penn:~ylvania (hereinafter referred to as "HUSBAND"): WITNESSEm: WHEREAS, on November 17, 2004, the parties entered into a Marital Settlement Agreement in which they expressed their intent to live separate and apart, and to fully and finally settle all matters between them related to the ownership and equitable distribution of property, the settling of all mattes related to past, present or future support, alimony and/or maintenance, and the settling of any and all possible claims by either party against the estate of the other party~ WHEREAS, since the effective date of the Marital Settlement Agreement the parties have physically separated and no longer reside in the same residence; WHEREAS, it is now the intention of the parties to modify the Marital Settlement Agreement executed and made effective on November 17, 2004~ NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in the Marital Settlement Agreement, hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, in accordance with the tenns prescnbing the manner for modification contained in Paragraph 33 of the Marital Settlement Agreement, covenant and agree as follows: 1. PENSIONS. ANNUITIES AND/OR RETIRl~MENT BENEFITS: The parties acknowledge that HUSBAND receives payments from the ffiM Personal Pension Plan, and that the current gross payment is $2,124.95 per month. It is furthelr acknowledged that, pursuant to Paragraph 14 of the Marital Settlement Agreement, the parties agreed to execute a Qualified Domestic Relations Order (QDRO) providing for WIFE to recleive 33% of HUSBAND's monthly benefit. The parties now agree herein to modify Paragraph 14 of the Marital Settlement Agreement to reflect that WIFE hereby waives any and all claim to HUSBAND's ffiM Personal Pension Plan, or any proceeds received therefrom, during his lifetime. The parties fully understand that HUSBAND's election at the time of his retirement to name WIFE as his beneficiary under the Joint and Survivor Election is irrevocable. Therefore,. nothing in the this Modification to Marital Settlement Agreement shall be construed to in any manner limit or alter WIFE's ability to receive payments upon HUSBAND's death pursuant to the Joint and Survivor Election of the ffiM Personal Pension Plan. 2. REPRESENTA nON BY COUNSEL: This Modification Agreement has been prepared by Bradley A. Wmnick, Esquire, of Wiley, Lenox, Colg,an & Marzzacco, P.e., counsel for HUSBAND, and HUSBAND acknowledges that he has signed said Modification Agreement freely and voluntarily after full consultation with his counsel. WIFE acknowledges that at no time has Attorney Wmnick offered her legal advice to her or acted in any manner as her legal representative. WIFE further acknowledges her right to obtain counsel of her own choosing, and to have said counsel assist her in any manner related to the instant Modification Agreement. By executing this Modification Agreement, WIFE expresses her understanding of those rights and explicitly waives the right to counsel. WIFE acknowledges that she has signed this M:odification Agreement freely and voluntarily. The parties acknowledge that this Modification Agreement is not the result of any duress, undue influence, coercion and/or improper or illegal agreement. The parties further reiterate that portion of the Marital Settlement Agreement declaring that they have each made to the other a full and complete disclosure of their respective assets, estate, liabiliti(~s, and sources of income and that they waive any specific enumeration thereof for the purposes of 1this Modification Agreement. 3. INCORPORATION OF DIVORCE DECREE~ It is further agreed, covenanted and stipulated that this Modification Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Modification Agreement, together with the Mariltal Settlement Agreement, shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 4. AFFIRMATION OF MARITAL SETTLEMENT AGREEMENT: The parties hereby affirm the validity of all provisions of the Marital Settlement Agreement not specifically modified herein, and express their intention to be legally bound by ull such provisions, as well as those contained in the instant Modification Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. W (!j,A"~~SEAL) ~A. SHOG 1J;~~) ,. SHO REN COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF YORK On this, /oh- day of Dlttm ~, 2004, beibre me a Notary Public, personally appeared Cheryl A Shogren, known to me to be the person whose name is subscribed to the within Modification to Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~iLU Notary Public Nota',Bi Seal S. Dawn Gladfelter, Notary Public DiI!sburg Bore, York County My Commission Expires May 17, 2005 Member, Pennsyivan:;;. Association of Notaries COMMONWEALTH OF PENNSYL VANIA COUNTY OF \;Jorr _ I : SS. On this, the ~ day of /)fdJYY} b!A-- 2004, before me a Notary Public, personally appeared Harry A Shogren, known to me to be the person whose name is subscribed to the within Modification to Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. cff)!I1L~~) ~ , / Notary Public Notarial Seal S. Dawn Gladfelter, Notary Public Dillsburg Bora, York County My Commission Expires May 17, 2005 Member, PennsylvanlaAssoclalion of Notaries .> r-.) ( .. ( :,) ,1 --~ C'J -,-' I. i i 1 .: ' ) (j ~; (: \ : -r~ --,< :'.-\ \....., --- -.....< (J \ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA HARRY A. SHOGREN, VS. : No. 04-5850 Civil Term CHERYL A. SHOGREN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on November 19,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. 'fI~ ~/:J D 05 Dat -;;4, ~r4-- HARRY A SHOGREN PlaintiffU PlaintitT : IN THE COURT OF COMMON PLEAS OF : CUMBERLANn COUNTY, PENNSYLVANIA HARRY A. SHOGREN, vs. : No. 04-5850 Civil Term CHERYL A. SHOGREN, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce de.cree 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 affidavit 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. J/J 'I !;JOQ5- Dale ~~/Yl" ~~ HAiRYA. OGREN Plaintiff ( Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA HARRY A. SHOGREN, vs. : No. 04-5850 Civil Term CHERYL A. SHOGREN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorc:e Code was filed on November 19,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 PII. C.S. ~4904 relating to unsworn falsification to authorities. ;t~) ~~~~) ~ PlaintitT : IN THE COURT OF COMMON PLEAS OF : CUMBERLANl) COUNTY, PENNSYLVANIA HARRY A. SHOGREN, vs. : No. 04-5850 Civil Term CHERYL A. SHOGREN, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(() 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce dllCree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the ProthonotaIy. I veritY that the statements made in this affidavit 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. ~0~ (~~~' ~) CHER A. HOGREN 1 Defendant HARRY A. SHOGREN, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-5850 Civil Term CHERYL A. SHOGREN, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with Ihe following information, to the Court for entry of a divorce decree: I. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: An Acceptance of Service was signed by Cheryl A. Shogren on November 23. 2004. Said Acceptance of Service was filed with the Court on Nobember 30. 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: February 24. 2005; By Defendant: February 23. 2005. (b) (I) Date of execution of the Affidavit requir.:d by Section 3301(d) of the Divorce Code: NtA (2) Dale of filing and service of the Plaintiffs Affidavit upon the Respondent: Nt A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated November 17. 2005 and filed with the Court on December 15. 2004. A Modification to the Marital Settlement Agreement was signed on December 10. 2004 and filed with the Court on December 15. 2004. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed wilh the Prothonotary: March 1. 2005: Date Defendant's Waiver of Notice in Seclion 3301(c) Divorce was filed with th(, Prothonotary: October 21. 2004. Date: ~ /7/0-1" By: . Winnick, Esquire Supre e ourt I.D. #78413 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) ..-.' ,';:,:\ <,-::l cl't '::~(\ \ U) ..- . - ;t; ;t;Of.;+;;+; 'f.~Of.+~Of.~ +Of.~Of.~~~~~~~~+ +++~+++~T.~~~~+'++Of.~~+++'+++'++'++'+'+++'+~ , , , + + + + + + + + , + + + + + + + + , + + + , + + + + + + , + + + + + + . , , . + . . + + + + . + + + + + + + + + + + , , , + + . + + . + + + , , + + + + + + , + . + + , + . + + + , . + + , + + , + + + ~++~+++.++~++++.~++ +++.++++++++.+++.++++++++.++++++++ ++++++~ :+: +. +. +. Of.:+. +.;t;:+.:+::+::ji + + + + . + + + + . + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +Of. '+' + +. '+' + +. '+' ;t; :+. + + + + + + + . + + + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. HARRY A. SHOGREN, No. 04-5850 CIVIL TERM PLAINTIFF VERSUS CHERYL A. SHOGREN, DEFENDANT DECREE IN DIVORCE AND NOW,~l) ,-- ~,IT IS ORDERED AND DECREED THAT HARRY A. SHOGREN , PLAINTIFF, AND CHERYL A. SHOGREN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE ACTION FOR WHICH A FINAL ORDER HAS NOT BEEN RAISED OF REC06D:ltl.~ YET BEEN ENTERED; ''''^'' THE TERMS AND CONDITIONS OF THE MARITAL SETTLEMENT AGREEMENT DATED NOVEMBER 17, 2004 AND THE MODIFICATION TO MARITAL SET'lLEME"T AGK~hl.JJ;;;l~l: UA'l'J;;;U UJ;;;CJ;;;MJ::SJ;;;J:{ I U, ZUU4, BOTH O~' WHiCH WERE SIGNED BY THE PARTIES AND FILED WITH THIS COURT, ARE HEREBY INCORPORATED BUT NOT MERGE IN AND ~AIN BINDING UPON THE PARTIES. A'TC'T, ~ ( ,.------+-- PROTHONOTARY -, ~- ,. - J, . h ~ ~ ~lI-,_>o;:'1 f ~ 1ft' :t rl.&:' f'9 yo >, . .' o!t". . .