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HomeMy WebLinkAbout02-0877BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - eft77 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 ma. iage counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002- o077 Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE The Plaintiff is Barbara A. Shaffer, an adult individual whose mailing address is 60 Westwood Court, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 194-42-7664. The Defendant, John E. Shaffer, is an adult individual, whose current address is 60 Westwood Court, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 167-40-4619. 3. Plaintiff and Defendant were married on April 11, 1987, in Enola, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are no m/nor children bom of the marriage. 10. Plaimiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Date: February 19, 2002 Respect~y submitted, ,.~.~'~7 1017 No~h Front S~eet H~sb~g, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this Complaint in Divorce are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: February 19, 2002 BARBARA A. SHAFFER, Plaintiff JOHN E. SHAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-877 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE AND NOW, this 24~ day of April, 2002, the undersigned attorney enters his appearance on behalf of the defendant, John E. Shaffer. Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendant ID #59020 PLAINTIFF'S INTERROGATORIES TO GARNISHEE DEFENDANT - LESTER W YOHE, a.k.a. LESTER W TAYLOR SS# 179-54-2537 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or ~ersons, give their name and address. lA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. 2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so include a full descr ption of all personal property giving full value and present ocat on. State also whether or not there are any encumberances or liens holders, the present balance of the encumberance. State where and when the encumberances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset. 5. PROPERTY: At the time you were served or at an)/subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by any Defendant(s)? If so, please describe for each Defendant each item of property including its value. 6. REAL PROPERTY: At the time you were served or at any subsequent time, didyouhold legal, or equitable title to any property of any nature owned solely or in part by the Defendant(s) or in which and Defendant(s) held or claimed any interest? f so, describe for each Defendant each item of property includ ng its value and the i~'terest held by the Defendant(s). 7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). 8. TRANSFER OF PROPERTY: At any time before or after you were served, did any Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent If so, for each Defendant(s) describe the property transferred or delivered including the dates of delivery or transfer and state the consideration paid. 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. WOLFSON & ASSOCIATES, P.C. Att~'rney I.D. # 87062 ~ ~0--¢/'~ 267 East Market Street York, PA 17403 (717) 846-1252 Dated: ~ Jc~(~f"lO~:::~ BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA No. 2002-877 Civil Term CIVIL ACTION .. LAW IN DIVORCE CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce under Section 3301(c) of the Divorce Code was served upon the Defendant, John E. Shaffer, by First Class, United States, Certified Mail No. 7001 1140 0000 9826 9633 at his home address of 60 Westwood Court, Enola, Pennsylvania 17025. Attached hereto is the return receipt card executed by John E. Shaffer evidencing receipt of the same and dated March 1, 2002. Respectfully submitted, Date: February 18, 2003 BY:~ 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 · complete items 1, 2, and3. Complete item4 if Restricted Delivery is des~'red. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. [] Agent 1. Article Addressed to: D. Is deiivery address different from itern 17 r"1 Yes If YES, enter delivery address below: [] No I{~r'Certifie(l Mail I-I Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 2. Article Nt~mber PS Form 3811, August 2001 Domestic Return Receipt ' 4. Restricted 13elivery? (Extra Fee) ,~'~es'~'"' 102595-01-M-25C BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-877 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 20, 2002. 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. I consent to the entry of a final Decree in 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 made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: ~hn 1~ ghafferl lJetTe~da~ BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-877 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 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. o I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: a//Zl/&~ _Q~ ~_5', c~jff/3/~x...__ ~t~hn i~'.' Shaffe/;Dep~dant BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-877 Civil Term CIVIL ACTION- LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 20, 2002. 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 in 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 made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Date: ~-J ~ ' Barbara A. Shaffer, Plaintiff BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-877 Civil Term CIVIL ACTION .- LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. I understand that I may lose rights property, lawyer's fees or expenses divorce is granted. concerning alimony, division of if I do not claim them before a 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date ~/~~x_~ '/~ *ffd2~-3-" ~*'- ~ ~'~/) ~ Barbara A. Shaffer, Plaintiff BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-877 Civil Term 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: Irretrievably broken under Section (XX) 3301 (c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: Certified Mail on March 1, 2002. o [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, February 10, 2003; by Defendant, January 21, 2003. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiff's affidavit upon Defendant: N/A. o Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith; by Defendant: Simultaneously herewith. Related Claims Pending: None ,~"I~'iane 1~. Dils, Esquire (717) 232-9724 Attorney for (x) Plaintiff ( ) Defendant BARBARA A. SHAFFER, Plaintiff VS. JOHN E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2002-877 Civil Term IN DIVORCE ORDER OF COURT AND NOW, this consideration of the within ORDERED that said Property day of ,2003, upon presentation and Property Settlement Agreement, it is hereby Settlement Agreement dated January 21, 2003 is incorporated herein and made apart hereof by reference. ,Judge PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this ~Y4or~ 2003, by and between: day of ~- BARBARA A. SHAFFER, hereinafter referred, to as Wife; --AND-- JOHN E. SHAFFER, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 11, 1987, in Enola, Cumberland County, Pennsylvania; and WHEREAS, there are no children bom of the marriage. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and the settling of all matters relating to the custody and support of their minor children, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the 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. SEPARATION. It shall be lawful for each party, at all times ihereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the otlher, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any 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 being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. 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 the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES. Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, 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 testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation 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 provision thereof. It is the intention of husband and wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL. Husband and wife acknowledge and understand the terms and conditions of this Agreement, and wife is represented by Diane M. Dils, Esquire, and husband is represented by Austin F. Grogan, Esquire. Each party, acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. o FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the other as an inducement to the execution of this financial disclosure of the 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 owed 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 parties 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. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since February 20, 2002, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since February 20, 2002, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE. Husband and wife hereby acknowledge that they are the joint owners of real estate located at 60 Westwood Court, East Pennsboro Township, Enola, Cumberland County, Pennsylvania. Husband hereby waives all of his right, title, and interest in said real estate to wife and simultaneo'usly with the signing of this Property Settlement Agreement, executes a Fee Simple Deed placing said real estate in the name of wife alone. Wife hereby agrees to pay to husband the sum of $30,000.00 representing husband's share of the equity in the real estate and all other marital assets, as follows: (a.) $15,000.00 shall paid to husband by January 31, 2003, and husband shall vacate the real estate by January 31, 2003, and the balance of $15,000.00 shall be paid to husband on or before December 31, 2003. Should husband pre-decease wife, wife hereby agrees that said sum of $15,000.00 shall be paid to husband's estate. 9. PERSONAL PROPERTY. Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: husband and wife will mutually divide all personal property between them. Wife hereby waives all of her right, title, and interest in husband's 1998 Harley Davidson motorcycle. 10. PENSION AND RETIREMENT. Husband and wife hereby acknowledge that husband has a pension through the Commonwealth of Pennsylvania and the Bethlehem Steel Corporation and wife has a pension through the Commonwealth of Pennsylvania. Husband and wife hereby waive all their right, title, and interest to the other's pension plans, retirement plans, 401 (k), and any other employment related benefits. 11. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, I0 particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 12. MUTUAL RELEASE OF CLAIMS Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable 11 distribution of marital property, attorneys fees, costs or expenses, whether arising as a result of the marital relation or otherwise. It is the intention of the husband and wife to give to each other by the execution of this Agreement, a full, complete, and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 13. WAIVER OR MODIFICATION TO BE IN WRITING. A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future 12 instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 16. BREACH. If either party breaches any provision of this .Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 17. LAW OF PENNSYLVANIA APPLICABLE, This Agreement shall be construed in accordance with the Commonwealth of Pennsylvania. laws of the 13 18. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs 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. 19. DIVORCE. The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness BARBARA A. SHAFF]~ ~'OH~'E. SI-I'AFFE]~ - 17SEAL) ~SEAL) 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the/_/~ day of ~/~_/~ ,2003, before me, a Notary Public, the undersigned officer, personally a~peared BARBARA A. SHAFFER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHERE. OF, I have hereunto set my.hand and~cial My Commission Expires: y~)Y'6 'O~ (~'Q.~~ ~x~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ seal. Notary Public LISA A. RICE, NOTARY PUBMC { On this, the o~/.vr day of~ , 2003, before me, a Notary Public, the undersigned officer, personally appeared JOHN E. SHAFFER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My commission expires: %~_~X&/ ~ ,,~v_~ Notary Public,/ { -- Notarial Seal I,'~ustJn F. Gmllan, Notary Public 16 ICamp Hill tti,,ro~' Cumberland County {iMy Cornmiss~ .r, }!xnine~ ,~ug, 6, 2005 Member, Pennsylvar. a AssociaUon o! Notaries IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of _,~_ IPENNA. BARBARA A. SHAFFER, Plaintiff VERSUS JOHN E. SHAFFER, Defendant N O. 2002-877 Civil Term AND NOW, DECREED THAT DECREE IN DIVORCE BARBARA A. SHAFFER , 2003 , IT IS ORDERED AND , PLAINTIFF, AND JOI-T~ E. SHAFFER , DEFENDANT, ARE DIVORCED FrOM The BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOILOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WP[ICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE ATTEST: ~PROTHONOTARY