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HomeMy WebLinkAbout05-0911 SONY A K NEFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005 - 911 CIVIL TERM DEVIN B. NEFF, : CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SONYAK NEFF, vs. : NO. 2005 - 91J CIVIL TERM DEVIN B. NEFF, : CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY COMPLAINT FOR DIVORCE UNDER SECTIONS 3301(c), and 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE I. Plaintiff is Sonya K Neff, an adult individual who currently resides at 323 South Baltimore Avenue, Mt Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Devin B. Neff, an adult individual who currently has a mailing address of P.O. Box 75, Mt Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties are the parents of two minor children, Griffin Boyd Neff, born June 18, 1999; and Grace Elizabeth Neff, born May 17, 2001. 4. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing ofthis Complaint 5. Plaintiff and Defendant were married on November 21, 1998 in Carlisle, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9, Plaintiff avers that the grounds on which the action is based are: a. Section 3301 (c) - the marriage is irretrievably broken b. Section 3301 (d) - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties have lived separate and apart since November 16, 2004. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II - EOUITABLE DISTRIBUTION 10. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were set forth at length. II. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from November 21, 1998 to the present, all of which are "marital property" or "marital debts." 12, Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property." WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III - ALIMONY PENDENTE LITE, ALIMONY 13. Paragraphs I through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through additional employment 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony thereafter. COUNT VI - CUSTODY 16. Paragraphs I through 15 are incorporated by reference hereto as fully as though the same were set forth at length. 17. Plaintiff seeks custody of the following children: Griffin Boyd Neff, born June 18, 1999; and Grace Elizabeth Neff, born May 17, 2001. The children currently reside at 323 South Baltimore Avenue, Mt. Holly Springs, Pennsylvania 17065. 18. The children were not born out of wedlock. 19. The children are presently in the custody of Plaintiff 20. During the past five years, the children have resided with the following persons at the following addresses: Name Address Date Sonya Neff Devin Neff 323 South Baltimore Avenue Mt Holly Springs, PA 17065 birth to 11/16/04 Sonya Neff 323 South Baltimore Avenue Mt. Holly Springs, PA 17065 11/16/04 to present 21. The mother of the children is Sonya Neff whose current address is 323 South Baltimore Avenue, Mt. Holly Springs, PA 17065. 22. The father of the child is Devin Neff whose current mailing address is P.O. Box 75, Mt. Holly Springs, P A 17065. 23. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the children. 24. The relationship of Defendant to the children is that off ather. Defendant currently resides with Stephanie Champ, father's girlfriend. 25. Plaintiff has 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. 26. 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 rights with respect to the child 27. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother and Father have agreed it is in the best interest ofthe children for Mother to have primary custody. b. Mother is the primary caregiver for the children. c Father does not currently have a permanent residence. d. Father does not have regular work hours. Father's hours vary throughout the month. WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the children to Plaintiff and Defendant and primary physical custody of the children to Plaintiff Respectfully Submitted, fk ~ Megan ~SqUire Law Offices of Lopez Neuharth LLP 401 East Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 VERIFICATION I 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. Section 4904, relating to unsworn falsification to authorities. DateJ--~a-- I 'it J/J05 \j -<j. ^l 8 w ~ ~~~~.~ t~dggB ~ I" ~) ~PfS? P:t~ c '-:I::- 8 (-) (', --11 -.;, :l~ r~'''~ !I "I C':) - _J ,€) ."., :~ (,,) - (J"J Plaintiff . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SONYA K NEFF, vs. . NO. 2005 - 911 CIVIL TERM DEVIN B. NEFF, : CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY Affidavit of Service I, Megan Malone, Esquire hereby state that on February 18, 2005, I mailed by First Class U.S. Mail and by Certified Mail, No.7004-25 10-0003-5085-1254, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Devin B. Neff, at P.O. Box 75, Mt Holly Springs, Pennsylvania 17065, the last known mailing address of Defendant, which documents were 'received on February 18,2005, as evidenced by the attached Return Receipt Card, IA~~/l j~ Meg,m ~alone Law Offices of Lopez Neuharth LLP 40 I East Louther Street, Suite 10\ Carlisle, P A 17013 (717) 258-9991 . Complete items 1, 2, and 3. Also complete item 4 11 Restricted Delivery Is desired. . Print your neme and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front ~ space permits. 1. Article Addressed to: ~ VI'" fj, l1J~f+ P.D bO! 7:5 riA../-. ~oJlL( 5pril1jC;) pI! J 7Difl.5 3. Service l\'P<> IlIl CertIIIed Mall 0 Express Mall o Registered liII Return Receipt for MerchBndloo o insured Mali 0 0.0,0. 4. _ Delivery? (EJd1a Faa) Il!I Yea 2. Article Number (TiaIWwfrom-_ PS Form 3811. February 2004 7004 2510 0003 5085 1254 DomestIO RolUrn R_pt 102595-02*1540 EXHIBIT A Plaintiff : TN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SONYAK NEFF, vs. : NO. 2005 - CIVIL TERM DEVIN B. NEFF, : CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY STIPULATION 1. Plaintiff(hereinafter "Mother") is Sonva K Neff, an adult individual currently residing at 323 South Baltimore, Mt Hollv Springs. Cumberland County, Pennsylvania 17065. 2. Defendant (hereinafter "Father") is Devin B. Neff, an adult currently residing at 601 Pine Grove Road. Gardners. Cumberland Countv, Pennsvlvania 17324, with a mailing address of P.O. Box 75, Mt. Hollv Springs. Cumberland County, Pennsvlvania 17065. 3. Plaintiff is the natural mother of the children, Griffin Boyd Neff born June 18, ] 999: and Grace Elizabeth Neff born May 17. 2001. Defendant is the natural father of the children. 4. The children were not born out of wedlock. 5. The children are currently in the physical custody of Mother who resides at the aforementioned address. 6. The Plaintiff currently resides with the children. The Defendant currently resides alone for periods of time and with his paramour for periods of time. 7. For the past five years, the children have resided at the following addresses with the following persons: Dates Birth to 11/16/04 Addresses 323 South Baltimre Ave. Mt. Holly Springs, P A 17065 Persons Sonya Neff Devin Neff 11/16/04 - present 323 South Baltimore Ave. Mt Holly Springs, PA 17065 Sonya Neff 8. Mother has not participated as a party in other litigation concerning the custody of the children in another court. Mother does not know of any other people not a party to these proceedings who have physical custody of the children or claim to have custody or visitation rights with respect to the children. 9 Both Mother and Father agree that it is in the best interest of the children for the Court to enter the attached Order of Court I I) Mother has been represented by Megan Malone, Esquire. Father is currently unrepresented. WHEREFORE, this _ day of , 2005, Mother and Father, intending to be legally bound and waiving their right to be present when this agreement and order are presented and executed, hereby stipulate and agree that the Court may enter the following order in the above captioned case: ORDER OF COURT AND NOW, this day of 2005, based on the stipulation of the parties, the Court hereby Orders as follows: I. Plaintiff (hereinafter "Mother") and Defendant (hereinafter "Father") shall have shared legal custody of their minor children, Griffin Bovd Neff. born June 18, 1999: and Grace Elizabeth Neff, born Mav 17, 200 I. 2. Mother shall have primary physical custody of the children, subject to Father's periods of partial physical custody as the parties may agree. 3. The parties may change the provisions of this Agreement as they mutually agree. By the Court, J. -- ( The parties further agree that in the procuring of this agreement there has been no fraud, concealment, overreaching, coercion, or other unfair dealing by either party. IN WITNESS WHEREOF, the parties, intending to be legally bound, have signed hereunto. Witness Sonya Neff J k-tfJl-<- Jcr------/ Witness Devin Neff .' ~ VERIFICA nON I verifY that the statements made in the foregoing Stipulation are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S Section 4904 relating to unsworn falsification to authorities. Date J- '-I- D'J- SV4 10 IvL Sonya Ne VERlFICA nON I verifY that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities Date: Devin Neff ~ . . VERIFICATION I verifY that the statements made in the foregoing Stipulation are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C. S. Section 4904 relating to unsworn falsification to authorities. Date Sonya Neff VERIFICATION I verifY that the statements made in the foregoing Stipulation are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C. S Section 4904 relating to unsworn falsification to authorities. Date: v<P -Ci ~ Devin VERIFICATION I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.CS Section 4904 relating to unsworn falsification to authorities. Date: Sonya Neff VERIFICATION I verify that the statements made in the foregoing Stipulation are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ Date: 1-~~ -0 S Devin .. no ,. ~ ru' " SONYA K NEFF, . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. . NO. 2005 Jill CIVIL TERM DEVIN B. NEFF, . CIVIL ACTION - LAW Defendant . DIVORCE/CUSTODY ORDER OF COURT ANDNOW,this~day-of ~O ,..2005, based on the stipulation of the parties, the Court hereby Orders as follows I. Plaintiff (hereinafter "Mother") and Defendant (hereinafter "Father") shall have shared legal custody of their minor children, Griffin Bovd Neff. born June 18. 1999: and Grace Elizabeth Neff. born Mav ] 7. 2001. 2. Mother shall have primary physical custody of the children, subject to Father's periods of partial physical custody as the parties may agree. 3. The parties may change the provisions of this Agreement as they mutually agree. ~i:~' "' ~O~ ,r/} V\' J:? r;:;'9 By the Court, l/ -")1(' /' ---... , - . " I ~, '" ),/ /"'/// /'" ----, ---- .;I c~ -J-;:~ <. '-" " ,. ..-.'> 'c" , ;::,... l;~ ''::.:i ''t1~:~~i,; c~s l''''1.'}Z')'- ~ (<l-~\-.~.~..J;? ~y./';'- ~ \, < \0 -- .- --~-- ~,._~ --- II I SONYA K. NEFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-911 CIVIL TERM V. DEVIN B. NEFF, Defendant CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this &13 day of September, 2005 by and between Sonya K. Neff, of Cumberland County, Pennsylvania, and Devin B. Neff, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Devin B. Neff, (hereinafter referred to as "Husband") currently residing at 323 South Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065- 1007; and, WHEREAS, Sonya K. Neff (hereinafter referred to as "Wife") currently residing at 232 West Ridge Street, Carlisle, Cumberland County Pennsylvania 17013-4008; and, WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 21, 1998; and, WHEREAS, the parties have lived separate and apart since November 16, 2004; and, WHEREAS, there were two children born to the parties, namely, Griffin Boyd Neff, born June 18,1999 and Grace Elizabeth Neff, born May 17, 2001; and, II I' WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from Counsel of his or her selection. Husband has secured legal advice from Michael A. Scherer, Esquire, who is Husband's separate counsel. Wife has secured legal advice from Megan Malone, Esquire, who is Wife's separate counsel. /I 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a Complaint for Divorce in the Court of Common Pleas, Cumberland County, Pennsylvania, indexed to No. 05-199 Civil Term. The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel may finalize the divorce action in a timely fashion. II 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 323 S. Baltimore Street, Mt. Holly Springs, Pennsylvania 17065 which was the former marital residence. Husband has obtained an appraisal for the property in connection with his refinance of the property and the fair market value, according to said appraisal, is $101,000.00. A first and second mortgage encumber the property and the total indebtedness of those obligations is approximately $89,000.00. Husband shall refiance the marital residence in his name alone and payoff the first and second mortgage, and simultaneous thereto, shall pay wife the sum of $3,000 cash. Wife shall, concurrent with her receipt of the $3,000 cash, execute a deed conveying all her right, title and interest in the marital residence to Husband. B. Furnishinas and Personalty. Wife will retrieve from the marital residence the children's items of clothing and toys, Christmas decorations, a bicycle, a stationary bicycle and some miscellaneous items in a computer desk within sixty days. Except for the foregoing, the parties have divided by agreement between themselves all furnishings and personalty located in the marital residence, including all furniture, furnishings, household appliances, tools and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. il c. Motor Vehicles. (1) Husband shall retain as his sole and separate property the 1997 Chevrolet Pickup Truck. (2) Wife shall retain as her sole and separate property the 2000 Pontiac van. Neither vehicle is encumbered by a lien. The parties agree that they will cooperate and execute any documents necessary to effectuate the transfer of titles and insurance regarding the above-referenced vehicles. D. Debt to James Neff. The parties are indebted to Husband's father, James Neff, pursuant to a written note, for the sum of $22,000.00. Husband shall be solely liable to repay this indebtedness to James Neff and will indemnify and save Wife harmless from this obligation. E. Pension and Retirement Benefits. Husband holds a 401 (k)/profit sharing plan through his employer, PPG Industries, valued at approximately $25,907.00. Husband shall transfer to Wife through a QDRO prepared by Husband the sum of $3,000.00 from his PPG 401 k to be rolled over into an IRA or other qualified account in Wife's name. Husband shall retain, as his sole and separate property, the remainder of the 401 (k)/profit sharing plan he as accrued with PPG Industries. Wife has 401k accounts and/or a retirement accounts with Healthcore in the amount of approximately $3,275 and with Pinnacle Health in the amount of approximately $4,550. Wife shall become the sole owner of these accounts and Husband waives any interest he may have in said retirement accounts. II F. Bank Accounts. The parties were the joint owners of checking and savings accounts during their marriage and those accounts have been closed and equitably divided. Each party shall keep, as their separate property, the sums of money in their respective possessions from these accounts. G. Investment Accounts. The parties are the owners of certain investment accounts with a broker named Bill Davidson. Husband has two Roth IRA's, one valued at approximately $7,260 and the second valued at approximately $2,284. Some of the funds in Husband's accounts are not marital property. Wife has accounts with Bill Davidson in the form of Roth IRA's which total approximately $3,500. All of the funds in Wife's accounts are marital property. The parties shall own as their separate property the respective investment accounts with Bill Davidson or others in the nature of Roth IRA's and each party shall waive any interest he or she may have in the investment accounts of their spouse. Husband shall provide wife with all documents in his possession regarding wife's Roth IRA. H. Time Share/Miscellaneous Property. The parties shall share equally in the expense of the timeshare and shall have equal use of the timeshare. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to together. II I. Property to Wife. The parties agree that Wife shall own, possess, and enjoy free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. K. Marital Debt. The parties acknowledge that, with the exception of the first and second mortgages on the marital residence, there are no other outstanding joint obligations. In the event there are any other debts in the name of either party, that party shall be solely responsible for those debts and shall hold the other harmless on the obligations. L. Liability. Each party represents and warrants to other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. II " M. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. N. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. O. Warranty as to Future Obliaations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. /I 6. SUPPORT. ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support andlor maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CHILD SUPPORT. The parties are subject to an order of court from the Cumberland County Domestic Relations section relative to child support. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all lights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, II bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11, SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. II 15. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 16. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney, and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 17. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNE~1Lr t1 11>1 4 / I. I./! kep,/( klit.J~j1t.C () ,.." ~ = c = -:"7" Con ~;-'.' (/) -l \'J,::I jf,~ rni',c, p, ;?-::J::1 -0 fh~:': -OX' :0 ~<." en 00 r.;(.) =,:11:1 ~ .." (es~ .;:;0 :x ..;7(.") :!~~~ C) Om ):....c: ~ ?E z -~ (J1 -< --.J '< SONYA K. NEFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO.2005- 911 CIVIL TERM DEVIN B. NEFF, : CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under S 3301 (c) of the Divorce Code was filed on February 17,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may have rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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. S4904 relating to unsworn falsification to authorities. Date: q~ l\?'[)) (') ..... = ~ c: ~ ~y -vct. (/) ~ rnrf! Cd ..,,:!J z:+~; &il. :B~ 2(' 0" 0 ~r:,~: ""0 :1:11 -p. ZC: :x %~ ,;>0 . c: r::! ~ ,C; U1 J.::: .n -.J '< SONYA K. NEFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005 - 911 CIVIL TERM DEVIN B. NEFF, : CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: 9 -';;-(5 (_.~ (") s: ",i?'", C0r.t! ~~. .J;.: &i>' --<....-, ~L ~Q ""'c. ....C Z ~ ....., =' = <ft ~ ..., ~ ~-n m- -oe ESe) :c:ri ~~ ."-l 2D :..:: C"\ .." :x r:': u, -' .1 SONYA K. NEFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-911 CIVil TERM DEVIN B. NEFF, Defendant CIVil ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on February 17, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 6, 2005 L.t! DEVIN B. NEFF 1"-.1 (:;-":1 ' , cJ' ~-1 (,r .-\ -'1- , \.:.'.... - l ',~~ .< --. SONY A K. NEFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005 - 911 CIVIL TERM DEVIN B. NEFF, : CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: irretrievable breakdown under S3301( c) of the Divorce Code. 2. Date and manner of service of the Complaint: Mailed to Defendant by United States first class mail, postage prepaid, and by certified, return receipt, restricted delivery. Defendant accepted service of the Complaint on February 18, 2005. 3. Date of execution of the Affidavit of Consent required by S3301( c) of the Divorce Code: by Plaintiff, September 8, 2005; by Defendant, September 6,2005. 4. Related claims pending: None. Marital Settlement Agreement filed contemporaneously with Praecipe to Transmit. Agreement will not be merged with the Divorce Decree. but will continue to have independent contractual significance. 5. Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: September 16, 2005. Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: September 9, 2005. ~~ Megan alone Attorney for Plaintiff Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 0 ,.., ~ = c = -~ c.r> ,... ~ ~:n -00':" n:iF" Z"" .^ ~~ zr - (/J .~: C<;, . cr> r:-" <\_. -0 ~C j>C 3 C5~ c r:? ~ -I (J'1 ~ -1 ;t';t';t';t';f.:f.:+: . . . . . . . . . . . . . . . . . :+:;t;:+:'" Of."':+:;t;:+: Of. ... . ;f. :f.Of.if. :+:if.~ :+:Of. ;t; :+:"':+::+::+::+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~:+::+:~~ :+:~:f.~ ~:+:~ ~:+:~~ . '" '" ;t;;+::+:f.;f. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SONYA K. NEFF, PENNA. STATE OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . - ~ 't' ... ~~-.,,~"'f 'If ~~~~~~~~~;f. ~:+::f.:+::+::+::+::+::+::+:~ NO. 2005-911 PLAINTIFF VERSUS DEVIN B. NEFF, DEFENDANT DECREE IN DIVORCE AND NOW, './:...0 - ....-- , 2-c.Q -{, IT IS ORDERED AND SONY A K. NEFF , PLAINTIFF, DECREED THAT DEVIN B. NEFF , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION YET BEEN ENTERED: ~ FOR WHICH A FINAL ORDER HAS NOT The Marriage Settlement Agreement dated September 6, 2005 as entered into by the parties and filed of record in the Office of the Prothonotary of Cumberland County, Pel)llsylvania is incorporated but not merged into this final Divorce Decree. i ~ /' //' ;' 7 By THE COURT: / /. \.--"'/,. .;A/u// ~I ",. ~ ~~ -. '" ~ ";'; ..., .."- "- , . < ~ , , -" I I - . -~,J : .~. ~:' ': . -.--!""" ... .....- - .;;>- , ~--' ~ ~ ;f.0+' :+00+' :+: :+: :+::+: :+::+: ~ ~ J. ~~ Ii!' ~ ~ ~P?' ~'ic7.(1ro'p ~h/., ~ ~ ,.R!/-v.v~t? ~ 50- OC"o .. ", .. t. ~\ OCT 0 3 2006 ~ Yfl' SONYA K. NEFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2005-911 CIVIL TERM V. DEVIN B. NEFF, Defendant CIVIL ACTION-LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the parties were husband and wife and were divorced by decree dated September 20, 2005; and, WHEREAS, the parties signed a Marital Settlement Agreement dated September 6,2005; and, WHEREAS, the Marital Settlement Agreement provided that wife was to receive three thousand ($3,000.00) dollars from husband's PPG Employee Savings Plan. NOW, THEREFORE, the following order is entered pursuant to 23 Pa.C.S.A. ~3052, providing for the equitable distribution of marital property, with respect to husband's PPG Employee Savings Plan: 1. The parties intend for this Order to constitute a Qualified Domestic Relations Order as defined in Section 414 (p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The PPG Employee Savings Plan (hereinafter referred to as "Plan"). 3. Devin B. Neff, S.S, #207-56-9687 (hereinafter referred to as "Participant") is a Participant in the Plan. 4. Sonya K. Neff, S.S. # 161-64-9577 (hereinafter referred to as "Alternate Payee") is the Participant's ex-wife. ...... "'-. 5. Participant's current and last known mailing address is 323 South Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 6. Alternate Payee's date of birth is August 10, 1967 and her last known mailing address is 232 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 7. A portion of the Participant's account in the Plan is marital property and is subject to distribution by this Court as soon as administratively possible after the Plan Administrator accepts this Order as a Qualified Domestic Relations Order, the sum of $3,000.00 is to be withdrawn from the Participant's account in the Plan for distribution to the Alternate Payee. 8. The nontaxable portion of the Alternate Payee's distribution, if any, shall be paid directly to the Alternate Payee. 9. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefit to the Alternate Payee which is required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 10. In no event shall the Alternate Payee have any greater rights than those which are available to the Participant. ~ , -, ~ 11. The parties shall promptly submit this Order to the Plan Administrator for determinatio1 of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is defined under Section 414 (p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic R WHEREFORE, undersigned counsel and the parties respectfully request this Honorable Court to enter the foregoing as an Order of Court. q/d.7~[, 1fi1 uti-. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 J fJ/lP/cJb ~Il ~/UL f/~ Megan Riesmeyer, Esqu6 P.O. Box 262 Carlisle, PA 17013 Date: Date: Attorney for Devin B. Neff Attorney for Sonya K. Neff Date: "{Ido(, Date: tJ J& ) Lf~ / I &: <-.( 1-- ('") ~t :~)~~, u~;;~- LLlL-o- ~L!J u...:c t- Lt.- G c::> a-. .,.;: ~~ tt:.:~ ?-: :7 --', ~.~) J I l-- C-' <:::> ".0 c.:::J = c-I .2 ::::. (.) ..... i,1 }' , MAR .2 3 2007 fII' SONYA K. NEFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-911 CIVIL TERM Plaintiff V. DEVIN 8. NEFF, CIVIL ACTION-LAW IN DIVORCE Defendant AMENDED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the parties were husband and wife and were divorced by decree dated September 20, 2005; and, WHEREAS, the parties signed a Marital Settlement Agreement dated September 6, 2005; and, WHEREAS, the Marital Settlement Agreement provided that wife was to receive three thousand ($3,000.00) dollars from husband's PPG Employee Savings Plan. NOW, THEREFORE, the following order is entered pursuant to 23 Pa.C.S.A. 93052, providing for the equitable distribution of marital property, with respect to husband's PPG Employee Savings Plan: 1. The parties intend for this Order to constitute a Qualified Domestic Relations Order as defined in Section 414 (p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The PPG Employee Savings Plan (hereinafter referred to as "Plan"). 3, Devin B. Neff, S.S. #207-56-9687 (hereinafter referred to as "Participant") is a Participant in the Plan. 4. Sonya K. Neff, S.S. # 161-64-9577 (hereinafter referred to as "Alternate Payee") is the Participant's ex-wife. I.' ~ -~ . 1 5. Participant's current and last known mailing address is 323 South Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 6. Alternate Payee's date of birth is August 10, 1967 and her last known mailing address is 331 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 7. A portion of the Participant's account in the Plan is marital property and is subject to distribution by this Court as soon as administratively possible after the Plan Administrator accepts this Order as a Qualified Domestic Relations Order, the sum of $3,000.00 is to be withdrawn from the Participant's account in the Plan for distribution to the Alternate Payee. 8. The nontaxable portion of the Alternate Payee's distribution, if any, shall be paid directly to the Alternate Payee, 9. The taxable portion of the Alternate Payee's distribution is to be paid to the Alternate Payee. The Alternate Payee is aware of her rollover option and has elected to waive that option. The Alternate Payee understands the Plan Administrator is required to and will withhold 20% of the taxable portion of her distribution for federal taxes. 10. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefit to the Alternate Payee which is required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. ~ ..If 11. In no event shall the Alternate Payee have any greater rights than those which are available to the Participant. 12. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is defined under Section 414 (p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. This Amended Qualified Domestic Relations order replaces the previous Order signed in this matter on October 3, 2006. < J '~llY1 WHEREFORE, undersigned counsel and the parties respectfully request this Honorable Court to enter the foregoing as an Order of Court. -----:> '\ Date: 'd - s-- 07 ~, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 I M an Riesmeyer, Es P.O. Box 262 Carlisle, PA 17013 Attorney for Devin B. Neff Z. ~. 07 Attorney for Sonya K. Neff 2Jto/tJ7 { { Date: Date: >- ~ ~ !:Ll""'~ ,,) "<c [to ':i: :L C)f;;:~ cJr~ lJ..10- .....J u.if t.t.. o ('oJ (""') ro :c < r- C'~ 0::: ~ :C r-- = = c:--..I