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HomeMy WebLinkAbout02-0951SCOTT P. SCHULTZ, Plaintiff DEE DEE Y. SCHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 0;2.- CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT~ 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 divome or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim of 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 grounds for the divome 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 Room 101, Dauphin County Courthouse, Front and Market Street, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCOTT P. SCHULTZ, Plaintiff Vo DEE DEE Y. SCHULTZ, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. {:~,2,- (~,~! : : : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Scott P. Schultz, by and through his attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: C:~3unt I - Under ~ection~ 3301 (c) and 3301 (d) of the Divorce C~3de 1. Plaintiff is Scott P. Schultz, an adult individual who currently resides at 44 Queen Avenue, Enola, Cumberland County, Pennsylvania 17025. Plaintiff has lived at said address since January 1,2002. 2. Defendant is Dee Dee Y. Schultz, an adult individual who currently resides at 6009 Robert Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant has lived at such address since October 1997. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 15, 1990 in Mechanicsburg, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Fomes. 6. There have been no prior actions of divome or for annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken and this action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divome pursuant to Sections 3301 (c) or 3301 (d) of the Divorce Code. I, verify that the statements made in this Complaint 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. DATED: February ,~,~, 2002 ~ ."S tt 1=. Schultz - -"' DATED: February c~, 2002 WIX,~GER & WEIDNER /S~pl~n J. Dz~r,~ni~,~squire P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff SCOTT P. SCHULTZ, Plaintiff DEE DEE Y. SCHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 951 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OFSERVICF I, Barbara Sumple-Sullivan, Esquire, attorney for the Defendant in the above- captioned matter, do hereby accept service of the Complaint In Divorce and certify that am authorized to do so. Barbara Sumple-Sullivan, Esquire Attorney ID # ?p;;;;z.~/? 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Attorney for Defendant Dated: March Y , 2002 CYNTHIA CORN, V$, KEITH CORN, Plaintiff Defendant * IN THE COURT OF COMMON PLEAS . CU MBERLANDCOUNTY,PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on March 4, 2002, I served a tree and correct copy of the Complaint for Custody and Petition for Emergency Injunctive Relief upon Keith Corn, Defendant, by depositing same, postage pre-paid, Certified Mail, Return Receipt Request and via Regular Mail in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Keith Corn 1236 Newport Road Duncannon, PA 17020 Misty D. Lel~man SHAWN D. KEEBAUGH, PlaintifFPetitioner V. LACEY DESTEFANO, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2002- IN CUSTODY PETITION FOR SPECIAL RELIEF SEEKING CUSTODY OF MINOR CHILD AND NOW, COMES, Shawn D. Keebaugh, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Defendant's Petition for Special Relief Seeking Custody: 1. Plaintiff and Defendant are the natural parents of the minor child, Cameron Shawn Keebauch, bom December 31, 2000. 2. Plaintiff, Defendant, and the minor child have lived together in Cumberland County since the child's birth. 3. Lacey Destefano, mother, has removed Cameron Shawn Keebaugh, child, from the County of Cumberland and has kept him in an unlmown location, thereby separating him from Shawn D. Keebangh, father. 4. This past week, Respondent left the residence with the minor child, and did not inform the Plaintiff of where she was going or when Plaintiff would see his son. 5. The Defendant has not yet contacted Plaintiff. 6. To the best of Petitioner's knowledge, Respondent is without a permanent residence and lives with family members in Montgomery County, Pennsylvania. 7. To the best of Petitioner's knowledge, the temporary residence that Respondent utilizes in Montgomery County is inappropriate for Cameron. 8. Plaintiff has requested that the local police complete a wellness check. 9. On February 27, 2002, Officer Scott Severson of the Upper Providence Township Police Department went to 319 Montgomery Avenue, Oaks, Pennsylvania and was advised that the subject minor child was staying there. A true and correct copy of the report created by Officer Severson is attached hereto as Exhibit 1. 10. Later, on February 27, 2002, Officer Mulqueeney of the Upper Providence Township Police Department also went to 319 Montgomery Avenue, Oaks, Pennsylvania. 11. Officer Mulqueeney attempted to ascertain the location and safety of the child and met resistance from the occupants. A true and correct copy of the report created by Officer Mulquenney is attached hereto as Exhibit 2. 12. Petitioner is currently unaware of the physical well-being of the child. 13. The best interests of this child would be served if the child was returned to the County of Cumberland as all relevant contacts are here. 14. Cumberland County, Pennsylvania is the home county of the subject minor child as this child has resided in Cumberland County his entire life. 15. Plaintiff has filed a custody action which is attached hereto as Exhibit 3. WI-IEREFORE, Petitioner requests this Honorable Court to order the remm of Cameron Shawn Keebaugh to the jurisdiction of this Court or that physical custody of the minor child be placed with Petitioner until further heating on this matter. Date: Peter J. Russo Attorney for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Plaintiff SHAWN D. KEEBAUGH, Plaintiff/Petitioner LACEY DESTEFANO, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- IN CUSTODY VERIFICATION I, Shawn D. Keebaugh, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~- I - E)~-- SHAWN ~). KEEBAUtS~H Exhibit A 11 ~'d 0~£0~B6019 30IgOd3DN30I^OBd ~3ddR d~0:90 ~0 B3 Exhibit B 30I~Od30~3~IAO~d ~3dd~ ~0:90 ~0 ~ d~o:BO ~0 8~ qa~ Exhibit C PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Attomey for Plaintiff SHAWN D. KEEBAUGH, Plaintiff/Petitioner LACEY DESTEFANO, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, Shawn D. Keebaugh, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1. The Plaintiff is Shawn D. Keebaugh, residing at 33 Chestnut Street, Newville, Pennsylvania 17241. 2. The Defendant is Lacey Destefano, and is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. 3. Plaintiffseeks custody of the following child: Name Present Residence DOB Cameron Shawn Keebaugh unknown December 31, 2000 4. Cameron Shawn Keebaugh was bom out of wedlock. 5. The child is presently in the custody of Defendant, and is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. 3 following addresses: Persons PlainfifffDefendant During the past five years, the child has resided with the following persons and at the Address 33 Chestnut Street Newville, PA 17241 Duration Birth to 2/24/02 7. The mother of the child is Defendant, who is believed to be residing at 319 Montgomery Avenue, Oaks, Pennsylvania 19456. The mother is single. 8. The father of the child is Plaintiff, currently residing at 33 Chestnut Street, Newville, Pennsylvania 17241. The father is single. 9. The relationship of Plaintiff to the child is that of father. The Plaintiffcurrently resides with the following persons: Name Relationship None 10. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Unknown 11. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiffhas no information ora custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WItEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor child, Cameron Shawn Keebaugh be placed with Plaintiff. Respectfully submitted, Date:~__ Peter J. Russo Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. KEEBAUGH, Plaintiff LACEY DESTEFANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- IN CUSTODY VERIFICATION I, Shawn D. Keebaugh, verify that the statements made in the foregoing document are ~-ue and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. SHAWN D. KEEBAU(~I~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. KEEBAUGH, Plaintiff LACEY DESTEFANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- IN CUSTODY CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated below: Lacey Destefano 319 Montgomery Avenue Oaks, PA 19456 Date MelissaM. Mehaffey - ]{J MAR 0 4 2002 SHAWN D. KEEBAUGH, Plaintiff LACEY DESTEFANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- IN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of , 2002, upon consideration of the attached Petition for Special Relief Seeking Custody of the Minor Child, Petitioner's requested relief is hereby- ~'~/~f-..~D , Distribution List: ~er J. Russo, Esquire - Counsel for Petitioner /I.Lacey Destefano - Pro Se SCO'l-r P. SCHULTZ, Plaintiff Vo DEE DEE Y. SCHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O2 - 951 CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 26, 2002 and was served on the Defendant's attorney, who accepted service on March 4, 2002. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~.cS'~ltz, Plaintiff DATE: June_,~ , 2002 SCO'CI' P. SCHULTZ, Plaintiff DEE DEE Y. SCHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-951 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 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 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 ~'~a~n~ ~no£ ol pale~!pap aldoad JILLYAN N. ALBRIGHT pLAINTIFF V. DENNIS O'DONNELL DEFENDANT Honorable Kevin A. Hess JUN 0 ? 2oo2 ~ · IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : 02-1135 : CIVIL ACTION-LAW : IN CUSTODY Order of Court AND NOW, this ~ day of June 2002 upon consideration of motion by David P. Perkins, Plaintiff's Attorney, the custody hearing in the above captioned matter is hereby continued until ~ /~ , 2002 at ~:3~... o'clock, BY THE COURT, JILLYAN N. ALBRIGHT PLAINTIFF V. DENNIS O'DONNELL DEFENDANT Honorable Kevin A. Hess : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : 02-1135 : CIVIL ACTION-LAW : IN CUSTODY Motion for Continuance of Custody Hearing David P. Perkins, Esquire, attorney for plaintiff Jillyan N. A~bright, represents the following: 1.David P. Perkins, Attorney for Plaintiff, is to be hospitalized on Friday June 7, 2002. 2.Attorney Perkins's hospitalization is expected to continue until at least June 12, 2002, the date of the custody hearing scheduled in the above captioned matter. 3.It is expected that with a post-hospitalization recovery period, Attorney Perkins will not be available to participate in the custody proceedings until after July 4, 2002. 4.Despite numerous attempts Attorney Perkins has been unable to contact his client in order to prepare for the pending custody hearing. 5.As a result of the lack of contact from the Plaintiff, Attorney Perkins has been unable to properly prepare for the custody hearing. 6.Specifically, Plaintiff's counsel has been unable to prepare and timely file a Memorandum due to the lack of cooperation from Plaintiff. A period of at least 10 days prior to the hearing will be required in order to prepare and file a Memorandum and properly prepare for the hearing. 7.0n June 6, 2002 Attorney Perkins contacted the law office of Defendant's attorney. Defendant's counsel was unavailable. A request for concurrence in Plaintiff's counsel's request for continuance was communicated to Defendant's counsel's secretary. A copy of this motion and proposed Order of Court were faxed to counsel's law office on the evening of June 6, 2002. Wherefore Counsel for Plaintiff requests that the custody hearing in the above-captioned matter which is scheduled for June 12, 2002 be continued until after July 15, 2002 in order to accommodate counsel's illness and in order to permit counsel sufficient time to prepare and timely file a Memorandum and to prepare for the custody hearing. Respectfully Submitted, David P. Perkins Attorney for Plaintiff 4 James Circle Shippensburg, PA 17257 Telephone(717)532-9537 Verification I, David P. Perkins, verify that I am counsel for the Plaintiff and that the facts set forth in the above motion for continuance are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. June 6, 2002 David P. Perkins SCOTT P. SC~ULTZ, Plaintiff V. DEE DEE Y. ICHULTZ, Defe~ dant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO: 02 - 951 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. !A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February26,2002. have elapsed si o intention to rec lawyer's fees o ~he marriage of the Plaintiff and Defendant is in:etrievably broken. Ninety days ace the filing and service of the Complaint· consent to the entry of a final decree of divorce after service of notice of Jest entry of the decree. understand that I may lose rights concerning alimony, division of property, expenses if I do not claim them before a divorce is granted. understand tha' relating to uns~ DATE.ZA~ verify that the statements made in this affidavit are true and correct. I false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 om falsification to authorities· ~C, 200B D~E DEE V. SCI~JLTZ ~ SCOTT P. SCHULTZ, Plaintiff V. DEE DEE Y. S~HULTZ, Defen~lant · 1N THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO: 02-951 : · CIVIL ACTION - LAW · IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 conceming 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 cop 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 statement herein are made falsification tt authorities. DATE:~-,/~ :~_ ,2005 subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn DEE DEE Y. SCItULTZ ~_~ MARITAL SETTLEMENT AGRF~=MENT THIS MARITAL SETTLEMENT AGREEMENT is made as of the ~,~ day of February, 2002, by and between DEE DEE SCHUL'I'Z, an adult individual residing at 6009 Robert Drive, Mechanicsburg Cumberland County, Pennsylvania (the "Wife"), and SCOTT P. SCHULTZ, an adult individual residing at 44 Queen Avenue, Enola, Cumberland County, Pennsylvania (the "Husband"). Recitals The background of this Agreement is as follows: R-1. The parties hereto, being Husband and Wife, were lawfully married on December 15, 1990, in Mechanicsburg, Cumberland County, Pennsylvania. R-2. Differences have arisen between Husband and Wife and, as a result, they live separate and apart from each other and have done so continuously since December 4, 2001 (the "Separation Date"). R-3. Husband and Wife desire to settle and determine finally, and for all time, their mutual property right, support, and other matters related in any way to their marriage. NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to 1:he other that, as defined in the Pennsylvania Divorce Code, their marriage is irretrievably broken. The parties agree that Husband will file a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania (the "Divorce Action "), and the parties agree to take all legal steps (including tl~e timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301 (c) of the Pennsylvania Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree [:,resented to the Court. Husband and Wife shall at all times hereafter have tlhe right to live separate and apart from each other and to reside from time to timE; at such place or places as they shall respectively deem fit, free from any control, restraint, or other interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Residence. The parties are the owners, as tenants by the entireties, of certain real property located at 6009 Robert Ddve, Mechanicsburg, Cumberland County, Pennsylvania (the "Real Property"), on which Real Property the parties had their marital residence and on which the Wife con,tinues to reside. Husband agrees to transfer all of his interest in and to the Real Property upon being removed from the note and mortgage to Principal Residential Mortgage Company or its assigns (with an approximate balance of $98,500.00) and from the Home Equity Loan to Homecomings (with an approximate balance of $16,800.00. Wife shall remove Husband from said oblrigation by refinancing the mortgage in her name alone within two (2 weeks) of the date this Agreement is last signed by the parties; provided however, if Wife has taken all reasonable steps necessary to apply for said refinancing within the said two (2) week period and such refinancing has not closed due to no fault of Wife, such time pedod shall be extended for such additional time as is reasonably necessary to complete such refinancing, but in no event more than an additional one (1) month. Husband shall execute the Quit Claim Deed attached hereto as Exhibit A transferring to Wife all of his interest in the Real Property at the time of signing this Agreement. Said Quit Claim Deed shall be held in escrow with Husband's attorney and shall be released to Wife at the closing at which Wife removes Husband from the obligation under the said note and mortgage on the Real Property. 4. Equitable Distribution of Personal Property. Husband and Wife acknowledge that, except as specifically set forth herein, they have divided all personal property acquired during the marriage to their mutual satisfaction. To the extent one of the parties wishes item(s) of personal prope~! in the possession of the other, such party shall have the right to submit to the other party, within thirty (30) days of the date of this Agreement, a list of additional items of personal property he or she would like to have from the items now in the other's possession. If either party does not timely submit such a list, in writing, he or she shall waive his or her right to request any additional items. If a party does submit such a list, the other party shall respond to it by indicating the items he or she is willing to give to the other and the parties will then set a time for the exchange of those items; provided, however, that eac. h party shall only be obligated to give such of those items requested by thE; other as he or she shall agree in his or her sole, but reasonable discretion. Except to the extent specifically set forth herein, or in the case of failure of either party to materially disclose the same, each party hereby specifically agrees and by this Agreement does hereby release all of his or her right, title, and interest to the other's personal property in such other party's possession. 5. Picture and Photo-Albums. Within thirty (30) days of the date of the Agreement, or upon request by Husband, Wife shall provide Husband with the family pictures and photo-albums, and negatives, if available, so that he may reproduce the pictures. Husband agrees to return the same within a reasonable time and in no event later than thirty (30) days after receipt of the same. 6. Vehicles. Wife shall retain ownership of the 1995 Chevrolet Lumina, or its replacement, and Husband hereby waives any right, title or interest that he may have in said automobile and Wife shall be responsible for all payments on loans secured by this automobile, repairs, insurance and all other costs incurred as a result of such ownership. Husband shall retain own,ership of the 1996 17-foot Spectrum bass boat, or its replacement, and Wife hereby waives any dght, title or interest that she may have in said boat and Husband shall be responsible for all payments on the loan to AIIfirst Bank secured by l~his boat, repairs, insurance and all other costs incurred as a result of such ownership. 7. Profit Sharinq, Retirement, and Securities. Husband and Wife each expressly waive and relinquish any and all right or interest that he or she may have in and to the other's retirement, 401 (k), profit sharing, pension, and other similar employer-provided plans and incentives. 8. Husband's Business. Husband shall retain sole ownership of his interest in Central PA Rentals, Inc. and Wife hereby waives any right, title or interest that she may have in said business interest. 9. After-Acquired Property. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he and slhe may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date, except as specifically set forth herein. 10. Joint Debts. Husband and Wife represent that there are no joint debts or other obligations incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in the future, except as otherwise set forth herein. 4 a) Obligations to be Assumed by Wife. In addition to any other obligations expressly assumed by Wife hereunder, Wife shall bear sole responsibility for the outstanding balance of the parties' debts on the Capital One Account (with an approximate balance of $9,000.00) and the Kohl's Account (with an approximate balance of $300.00). Wife shall use her best efforts to remove Husband from any obligation for such accounts. b) Obli.qations to be Assumed by Husband. In addiition to any other obligations expressly assumed by Husband hereunder, Husband shall bear sole responsibility for the outstanding balance of the parties' debts on the PSECU Visa Account (with an approximate balance of $7,900.00). Husband shall use his best efforts to remove Wife from any obligation for such account. c) Wife's Further Debts. Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible, and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made againslt him by reason of debts or obligations incurred by her. d) Husband's Further Debts. Husband shall not con,tract or incur any debt or liability for which Wife or 'her property or estate might be responsible, and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 11. Future Debts. Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by such party. 12. Indemnification. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 13. Other Wdtinqs. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. Husband agrees to contact the electric and telephone companies within fifteen (15) days of the date Wife delivers the name and number for said companies to Husband or to his attorney, to direct them to transfer the services, accounts, and telephone number for the home on the Real Property to Wife's name alone. 14. Counsel Fees. Each party agrees to pay his or her own attorney fees and other costs associated with the subject matter of this Agreement, including, without limitation, the Divorce Action. 15. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the followingi alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the marital residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other;; and any claim or right in the distributive share or intestate share of the other party's estate. 16. Entire A.qreement/Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 17. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of 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 waiver of any subsequent default of the same or similar nature. 18. Invalidity. 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 as if such provision had not been initially included. The failure of any party to meet her or his obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 19. 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 such breach at 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 legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. Govemin.q Law. This Agreement shall be construed i;n accordance with the laws of the Commonwealth of Pennsylvania. 21. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 22. Leqal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by Wix, Wenger & Weidner and :Stephen J. Dzuranin, Esquire; Wife has been represented by Barbara Sumple-Sullivan, Esquire. Each party acknowledges that he or she each has read this Agreement, has been afforded sufficient time to discuss this Agreement and all financial and other information related to this Agreement with counsel, fully understands the facts, and has bccn fully i~nformed as to his or her legal rights and obligations by counsel, and each party acknowledges and accepts that this Agreement is fair and equitable;, that it is being entered into freely and voluntarily and that this Agreement and the execution of it is not the result of any duress, undue influence or collusion. 23. Telecopier This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument and all of which together shall be considered one and the same agreement, and shall become effective when counterparts, which together contain the signatures of each party, shall have been delivered to all of the parties, hereto. Delivery of executed signature pages by facsimile transmission shall constitute effective and binding execution and delivery of this Agreement. Thereafter, the parties will make good faith efforts to exchange original signed counterparts. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WI ESS: ,. WIFE: Dee Dee Schuiltz '0 HUSBAND: Scott P. Schultz 8 COMMONWEALTH OF PENNSYLVANIA: · SS. On this, the J_,p~ day of February, 2002, before me, a Notary Public, the undersigned officer, '~)~r~onally appeared Dee Dee Schultz, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have ~t,~)~)y hand ,Notary Public , 'My Commission Expires: (SEAL) and notarial seal. COMMONWEALTH Of PENNSYLVANIA: COUNTY OF I~ C{ (o ~,~ · SS. On this, the r~ day of February, 2002, before me, a Notary Public, the undersigned officer, personally appeared Scott P. Schull~., known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public~ - My Commission Expires: (SEAL) I .... NOTARIAL SEAL Amy T. Williams, Notary Public City of Harrisburg, County of Dauphin My Commission Expires Mar. 7, 2005 EXHIBIT A QUIT CLAIM DEED 10 QUIT CLAIM DEED Tax Parcel No. 10-20-1840-036 Made the 22nd day of February in the year two thousand 1~o (2002) BETWEEN Scott P. Schultz, party of the first part, Grantor and Dee Dee Y. Schultz, party of the second part, Grantee WlTNESSETH, the Grantor, in consideration of the sum of One ($1.00) Dollar, receipt whereof is hereby acknowledged, does hereby release and quit claim to the said Grantee, all of Grantor's right, title and interest in and to.' ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated October 17, 1973, as follows to wit: BEGINNING at a hub on the North side of Robert Drive (50 feet wide) at the corner of lands now or formerly of Edith M. Tesno, being lot No. 151, said point being measured along the said side of Robert Drive 678 feet to the Northeast corner of Robert Drive and Kevin Road; thence extending from said point of beginning and along lands now or formerly of Edith M. Tesno North 27 degrees 54 minutes East the distance of 109.40 feet to a hub at the corner of lands now or formerly of Darwin A. Gaston, begin Lot No. 133; thence along lands now or formerly of Darwin A. Gaston and Ronald J. Oleska, South 60 degrees 32 minutes East the distance of 77.03 feet to a hub at the corner of lands now or formerly of Charles A. Lutcavage, being Lot No. 153; thence along lands now or formerly of Charles A. Lutcavage South 27 degrees 54 minutes West the distance of 107.30 feet to a hub on the North side of Robert Drive; thence along said side of Robert Drive, North 62 degrees 06 minutes West the distance of 77.0 feet to a point, the place of BEGINNING. BEING Lot No. 152 on the Plan of Noll Acres, recorded in Plan Book 10, Page 17. BEING THE SAME premises which Robert P. Souders and Kathryn A. Souders, his wife, by deed dated September 29, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on October 3, 1997 in Deed Book 165, Page 659 granted and conveyed unto Scott P. Schultz ,and Dee Dee Y. $chultz, his wife. This is a conveyance from husband to wife and is thereby exempt from Pennsylvania Realty Transfer Tax. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and year first above written. Scott P. Schultz Commonwealth of Pennsylvania County of Dauphin : SS.: On this, the. day of February, 2002, before me, a Notary Public, the undersigned officer, personally appeared Scott P. Schultz, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within deed and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) I Hereby Certify that the precise residence of the Grantee ~is 6009 Robert Drive, Mechanicsburg, Pa 17050. Attorney/Agent for Grantee Commonwealth of Pennsylvania County of Cumberland SS.: Recorded on this ~ day of ,2002, in the Cumberland County Recorder of Deeds Office in Record/Deed Book , Page Given under my hand and the seal of the said Office the date above written. Cumberland County Recorder of Deeds F:~sjd~7751 Schultz, Scott P~11561 Domestic Relations~ocuments~Deed to Dee Dee. Feb~l~anj, 2002.doc SCOTT P. SCHULTZ, Plaintiff SS # 166-62-4736 DEE DEE Y. SCHULTZ, Defendant SS # 184-48-9094 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 951 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: irretrievable breakdown under Section [3301(c) 3304, ~...j,/'~q of the Divorce Code. (Strike out inapplicable section). 2. Date of filing and manner of service of complaint: filed February 26, 2002, served upon Defendant's attorney on March 4, 2002. Acceptance of Service was filed on March 5, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff dated June 7, 2002, filed June 27, 2002; by Defendant dated January 1. 2003, filed January 29, 2003. (b)(1) Date of execution of the affidavit required by §3301(d) if the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A 4. Related claims pending. None. 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) 27, 2002. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: June IN THE COURT OF COMMON Scott P. Plaintiff VERSUS Dee Dee Y. Schultz Defendant OF CUMBERLAND COUNTY STATE Of PENNA. Schultz '~' ~ NO. 02-951 Civil Term PLEAS DECREE IN DIVORCE AND NOW, 2003 , it IS ORDERED AND DECREED THAT SCOTT P. SCHULTZ , PLAI NTI AND DEE DEE Y. SCHULTZ , DEFENDANT, Are DIVORCED FrOM THE BONDS OF MATRIMONY. THE cOUrt RETAINS JurisDiCTiON OF THE FOLL. OWiNG CLAIMS WHiCh HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated F,~bruary 22, 2002, a heret~ into this Decr~ In D~e~ ATTEST' copy of which is attached but not merged orated by reference, PROTHONOTARY