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HomeMy WebLinkAbout05-5923 Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav@dzQlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN L. SHELLENBERGER, Plaintiff No. 2005 - 59:U eL>;lJ82-WI v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date: NnveM~ty l~ ,2.UDS By: Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav(ci)dzqlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN L. SHELLENBERGER, Plaintiff No. 2005 - ~9;;L3 (!;u~L~8L\ v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Ann L. Shellenberger, who currently resides at HC 67 LG9, Mifflin, Juniata County, Pennsylvania. 2. Defendant is Daniel R. Shellenberger, who currently resides at RR 5, Box 374, Mifflintown, Juniata County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 30, 1972 in Thompsontown, Juniata County, Pennsylvania. 5. Plaintiff and Defendant have been living separate and apart since August 30, 2005. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff s Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC Date: Nol/twt~tv \11 2.(fl)5 Attorneys for Plaintiff Exhibit "A" AFFIDAVIT I, Ann L. Shellenberger, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Dated: /UI- uS ~ 'i MuMtJ"-<r Ann 1. Shellenberger, Plaintiff VERIFICATION I, Ann L. Shellenberger, 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 IS Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: / /- / l-u5 -kJ. (::I ......... 7CJ 1 ....0 1t- D C) :-:.;~ 0 ., c- -=>1""' --l V( :r .......... ',"",1 W ()- V) ~ G1 ---0 u f."'? f!- '" OJ +---- ----( Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav@dzqlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN L. SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) Cr"v'IL ,'iC';"I0{"- - LAY.; DANIEL R. SHELLENBERGER, Defendant (In Divorce) ACCEPTANCE OF SERVICE I, Daniel R. Shellenberger, Defendant in the above-captiom,d matter, hereby accept service of the Complaint in Divorce, which was filed on November 15,2005. Dated: d~-OI- By: ,. ,~ .. '., , , .'1 ~ :-. . 1- ., J.''"', . .: . , .. -' " . ~ ~t'" ~ . , ,I"., ...... "~ ~, ...... ;",_1 () --.1 r,,) 0 ~~~ L<I 0 '.' .." ~ Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ImaclaV@dzolaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ANN L. SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this J~th.day of ~ 2006, BY and BETWEEN Daniel R. Shellenberger, of RR 5, Box 374, Mifflintown, Juniata County, Pennsylvania, hereinafter referred to as Husband, A N D Ann L. Shellenberger, ofRR 4, Box 233, Mifflintown. Juniata County, Pennsylvania, hereinafter referred to as Wife. RECITALS R.I: The Parties hereto are Husband and Wife, having been joined in marriage on August 30, 1972, in Thompsontown, Juniata County, Pennsylvania; and R.2: There were two (2) children were born of the marriage; however, both of those children are now emancipated; and 1/ j ALSf,z j.J Page 1 ofl6 DRSa~5 ,/ ~ R.3: Differences have arisen between the Parties, in consequence of which they have lived separate and apart since on or about August 30, 2005; and R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2005-5923, Civil Term; and R.6: It is the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R. 7: The Parties also desire to settle their issues of counsel fees and costs, and to settle any and all claims/possible claims against the other or their respective estates; and R.8: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain /IJ, ALS~ Page 2 of 16 I~)( DRS . <..J independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire of Daley, Zucker & Gingrich, LLC, and that ~ Husband, cognizant of his right to obtain legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement; and R.I 0: Both Husband and Wife each covenant that they have made full and complete disclosure to the other ofhislher respective property holdings and income; and R.ll: Each Party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each Party. Each Party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each Party had an opportunity to do an independent valuation of the assets, liabilities and income of the other Party. To the extent either Party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the Parties, intending to be legally bound, hereby agree as follows: (I) SEPARATION: It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any ALS (lid Page 3 of ] 6 elj) . DRS~3 legal or other proceeding. Neither Party shall disparage or discredit the other in any way, nor in - ~ any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried, except as may be necessary to carry the terms of this Agreement. The foregoing provision shall not be taken to be an admission of the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living separate and apart. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and simultaneous with the execution of this Agreement, they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said Divorce. Upon execution thereof, said Affidavits and Waivers shall be immediately filed with the Cumberland County Prothonotary's Office. If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other Party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The Parties, jointly, own certain real property more commonly identified as RR5, Box 374, Mifflintown, Juniata County, Pennsylvania ] 7059 (hereinafter "Marital Residence"). Wife agrees that as part of this property settlement and in exchange for Sixty-Five Thousand ($65,000.00) Dollars, she will convey any and all of her right, title and interest she may have in and to the Marital Residence to Husband, free of all encumbrances except the outstanding business loan which lists the Marital Residence as collateral, which Husband agrees to assume and pay in due course. Simultaneous with the ALS Ijl,l Page 4 of ] 6 DRS L)t;J - ~ execution of this Agreement, Husband shall provide to Wife a certified check in the amount of Sixty-Five Thousand ($65,000.00) Dollars and Wife shall, simultaneously therewith, execute a Special Warranty Deed relinquishing her right, title and interest in and to the former Marital Residence and said Deed shall be held in escrow by Wife's attorney until such time as Husband complies with the terms below. The business loan currently encumbering the former Marital Residence is in the name of the Parties' business, Dams Concrete, Inc.; however, Husband and Wife are personal guarantors of said business loan. Within sixty (60) days of the execution of this Agreement, Husband shall take any and all steps to remove Wife as a personal guarantor of this business loan. Within ten (10) days of Husband providing proof to counsel for Wife that Wife's name has been removed as a personal guarantor on the business loan, attorney for Wife shall deliver to Husband the executed Deed conveying Wife's interest in and to the Marital Residence to Husband. Husband shall, within ten (10) days of receipt of said Deed, record same in the Recorder of Deeds Office in and for Juniata County. Husband shall, immediately after recording said Deed, provide a time- stamped copy of the recorded Deed to counsel for Wife. Husband specifically agrees to hold harmless Wife with regard to all payments associated with the Marital Residence from the date of separation, forward, including, but not limited to the mortgage/loan payments, taxes, homeowner's insurance and repairs. (4) DEBT: A. MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. 1. Except as otherwise herein provided, each of the Parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties, August 30, 2005, to the same extent that ALSf!JJ Page 5 of 16 DRS {k>) - ~ he or she has been paying then in the past and neither Party shall incur any unusual bill which will bind the other Party. Wife hereby agrees to return to Husband any and all joint credit cards or charge plates that she may have in her possession. The Parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the Party who incurred said debts and the debt-incurring Party shall save harmless the other Party from any obligation or institutions of suit thereunder. The Parties shall, within twenty (20) days of the execution of this Agreement, take all necessary steps to either close any joint credit card accounts or remove the other Party from the obligation and from the account. B: POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either Party contracted or incurred any debt since the date of separation on August 30, 2005, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement 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 the other Party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Party. (5) MOTOR VEHICLES: The Parties acknowledge that Husband, in the name of the business, holds title to a number of vehicles currently in the possession of and under the control of Husband. Wife hereby relinquishes any right, title or interest she may have in and to the vehicles currently in the possession of and under the control of Husband. Husband and/or the business shall acquire and maintain separate insurance on and assume full responsibility for any encumbrance(s) on all of said vehicles, and shall hold harmless and indemnify Wife from any loss thereon. The Parties further acknowledge that the Wife, individually, holds title to a 2002 Chrysler Sebring Convertible, which vehicle is currently in the possession of Wife. Husband hereby relinquishes any right, title or interest he may have in and to the 2002 Chrysler Sebring ALS (}J)~ Page 6 of 16 DRS~ ~ Convertible. Wife shall acquire and maintain separate insurance on and assume full responsibility for any encumbrance on the 2002 Chrysler Sebring Convertible, and shall hold harmless and indemnifY Husband from any loss thereon. (6) BOAT: The Parties acknowledge that Husband, individually, holds title to a 14 Y, ft. Smoker Craft boat, trailer, and accessories (hereinafter referred to as "Boat"), which Boat is currently in the possession of Husband. Contemporaneously with the execution of this Agreement, Wife agrees that as part of this property settlement she hereby relinquishes any right, title or interest she may have in and to the Boat. Husband shall acquire and maintain separate insurance on and assume full responsibility for any encumbrance on the Boat, and shall hold harmless and indemnify Wife from any loss thereon. Within twenty (20) days of a request by Husband to do so, the Parties hereby agree to execute any and all documents needed to have the Boat properly registered solely in Husband's name with the Pennsylvania Department of Transportation and/or the Pennsylvania Fish and Game Commission. (7) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, the Parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each Party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the Parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each Party to the other for such property as may be in the individual possession of the Parties hereto. ALS fl/;L Page 7 of ] 6 li--. -..? I ,:Ij/ DRS A / ) / -- ~ Husband has agreed that Wife, upon her request to do so, shall be permitted to obtain the following items from the former Marital Residence: family pictures; and Christmas decorations; and air conditioning unit; and small Shop Vac; and family dishes; and gift wrap. INTANGIBLE PERSONAL PROPERTY: (8) Each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other Party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 40 I K plans, and the like. Wife hereby acknowledges that the marital property of the Parties' may include any marital portion of Husband's IRA. Wife acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's IRA and any marital interest she may have therein; however, Wife hereby elects not to have valued the marital portion of Husband's IRA. Notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's IRA. Husband hereby acknowledges that the marital property of the Parties' may include any marital portion of Wife's IRA. Husband acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of Wife's IRA and any marital interest he may have therein; however, Husband hereby elects not to have valued the marital portion of Wife's IRA. Notwithstanding same, Husband hereby forever waives and relinquishes any right, title ALS (!/,i Page 8 of]6 O~io, DR~~J interest or claim he might otherwise have in and to Wife's IRA. -.. ~ (9) CERTIFICATES OF DEPOSIT: The Parties hereto acknowledge that they previously jointly held two (2) Certificates of Deposit (CD's) with Omega Bank. Husband and Wife agree that as part of this property settlement, Wife shall retain as her sole and separate property both of the above-referenced CD's, more specifically, CD number] 73-0041447 and CD number 173-0041451. Husband hereby relinquishes any right, title or interest he may have in and to the above-referenced CD's. Within five (5) days of a request by Wife to do so, Husband hereby agrees to execute any and all documents thereby transferring ownership of the CD's to Wife, individually. (10) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (II) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (12) AFTER-ACQUIRED PROPERTY: Each of the Parties shall own and e~oy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that Party and the other Party shall have no claim to that property. (13) DARNS CONCRETE, INC: The Parties hereto acknowledge that Wife has a marital interest in and to the Parties' business, Darns Concrete, Inc. Wife hereby relinquishes any right, title or interest she may have in and to Darns Concrete, Inc. Husband shall indemnifY ALS il/J Page 9 of 16 .~ DRSU~3 and hold harmless Wife with regard to any and all aspects of Darns Concrete, Inc. -.. ~ For so long as Wife continues to work (even part-time) for Husband, Husband hereby agrees to pay for and provide Wife with medical, dental and vision insurance. Said insurance shall be the same or comparable insurance as Husband currently provides for Wife. For so long as Wife continues to work (even part-time) for Husband, Husband further agrees to contribute at least Two Thousand ($2,000.00) Dollars per year to Wife's IRA. (14) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each Party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the Parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (15) TIMESHARE: The Parties hereto are joint owners of a Fairfield Timeshare in Las Vegas, Nevada (hereinafter "Timeshare"). Contemporaneously with the execution of this Agreement, Husband agrees that as part of this property settlement, he shall indemnify and hold harmless Wife with respect to any and all obligations associated with the Timeshare. It is the Parties' intention to sell the Timeshare. Wife shall cooperate with the sale and shall execute any and all documents needed to sell the Timeshare. Once sold, Wife shall execute with Husband a Special Warranty Deed conveying the Parties' interest in and to the Timeshare to the buyers. After reduction for any and all fees associated with the sale of the Timeshare and after crediting Husband with any and all payments made by Husband since the date of separation, Wife shall II j , ALS4JW- Page 10 of 16 ~ /7/(/' DR~ receive fifty (50%) percent of the remaining proceeds from the sale of the Timeshare. Prior to -- ~ settlement, Husband shall provide to Wife documentation of any and all fees paid by Husband since the Parties' date of separation. (16) LIFE INSURANCE: The Parties hereto acknowledge that each have life insurance policies. Simultaneous with the execution of this Agreement, any and all policies in Wife's name shall become her sole and separate property. Wife shall be free to designate beneficiaries or encumber her life insurance policies. Simultaneous with the execution of this Agreement, any and all policies in Husband's name shall become his sole and separate property. Husband shall be free to designate beneficiaries or encumber his life insurance policies. (17) ATTORNEY'S FEES: Each Party waives the right to receive payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (18) ADVICE of COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair oPportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich, LLC, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. Each Party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any ALS ex j,J Page II of 16 DRsL)(/(: .- improper or illegal agreement or agreements. -- -- (19) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (20) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a Party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (21) COMPLETE DISCLOSURE: 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 Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one Party alan<: or in the name of one of ALS ~ l ) Page 12 of 16 DRSL;r~ --- ALS !( l! --- ~ 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 other than provided herein, the Parties do not wish to make or append hereto any further enumeration or statement. Specifically, other than already provided, each Party waives the need for copies of additional bank statements, insurance policies, retirement plan statements or any other documentation. Each Party warrants that he or she is not aware of any marital asset, which is not identified in this Agreement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available to him or her full, proper and independent representation by legal counsel. (22) WAIVER of APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the business, real estate, the personal property, the vehicles, and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. Page 13 of 16 DR<<J[j ~ (23) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (24) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby releases the other from any and all claims, or demands up to the date of execution hereof It is further specifically understood and agreed by and between the Parties hereto that each Party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said Party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the Party, including all claims which have been raised or may be raised in an action for Divorce. (25) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate ofthe other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a ALS III ) ---'-"-<- Page ]4 of 16 -~ . / (; DRS ;::-l/:/~) --- ~ breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of ] 980 or any amendment thereto. It is further specifically understood and agreed by and between the Parties hereto, that each Party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said Parties' rights against the other for any past, present and future claims on account of support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in any future Divorce action between the Parties. (26) SEPARABILITY of PROVISIONS: 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 continue in full force, effect and operation. (27) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (28) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, /./,- / ALS 1/.., 'J Page 15 of]6 lit) (J DRS / /.-~) and the Parties intend that all obligations contained in this Agreement shall retain their contractual -... -- nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. (29) BREACH: It is expressly stipulated that in the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other Party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (30) ENTIRE UNDERSTANDING: 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. (31) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: - - {!" a"V~L ;f -,,' 1.<L Ann 1. Shellenberger, Wift ,<-)h~ir, o . 7.ku \ h ~ rl"l Ja ,,_ /7 c ~ L~tii; 4A1/~.u ~ f.;,~~' <u'~/L_ Daniel R. Shellenberger, Rand ALSfMi Pagel60f16 ~' , DR~;:: ,It({ Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 ImaclavilVdzgjaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ANN L. SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELING COMMONWEAL TH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 15, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and at least 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 the Notice ofIntention to Request Entry of a Divorce Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request marriage counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made in this Affidavit 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. C.S., Section 4904 relating to unsworn falsification to authorities. Date: . 3 - / D Vb O/flitC j( xiii t7li~:!{L~'_'f--ur ./ Ann 1. Shellenberger, Plaintiff {; -- - Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 ImaclavriUdzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ANN L. SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER li3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of ] 8 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: 3 -/0 'Db /1^ JJ L.{.. i1./1(L. !\.. Ann 1. Shellenberger, Plaintiff 'v ---- -- Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav!iVdzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ANN L. SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELING COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. ) I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 15, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and at least 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 the Notice ofIntention to Request Entry of a Divorce Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request marriage counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made in this Affidavit 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 1 8 Pa. C.S., Section 4904 relati~o unsworn falsification to authorities. y-; f;) 'U& r I Date:,-J~f de ,x~n(L ..~~~~ ,/ . Daniel R. Shellenberger, D ant -... - Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 ImaclavlaidzoJaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ANN L. SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE ]. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 COlTect to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: 'pc?~J{ / -.... - Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PAl 71 09 (717) 657-4795 lmaclavlaldzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN L. SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) v. CIVIL ACTION - LAW DANIEL R. SHELLENBERGER, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 330](c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint, which had been filed on November 15, 2005, by signing an Acceptance of Service on November 22, 2005. Said Acceptance was filed at the above-referenced docket number on November 30, 2005. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Affidavits on March 10, 2006 and are tiling said Affidavits simultaneously herewith. 4. Related claims pending: None. A Property Separation and Settlement Agreement was executed on March 13,2006 and is to be filed simultaneously herewith. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waiver of Notice Forms on March 10,2006, and are filing said Waivers simultaneously herewith. Date: ?~~~~~~~~~ ~~ ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~+~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +'4' ~ ~ :f + '+: ~ ~ ~~ '+: Of.~ Of. '4' ~ +:!i~ ~ ~+ ~ ~~ ++ OFCUMBERLANDCOUNTY '4' ~:+; '4' ~ + ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++++++++++~+++++? IN THE COURT OF COMMON PLEAS STATE OF PEN NA. ANN L_ SHELLENBERGER, Plaintiff No. 2005-5923 (Civil Term) VERSUS DANIEL R. SHELLENBERGER, Defendant DECREE IN DIVORCE AND NOW, M>,r_~7:S . IT IS ORDERED AND 2006 DECREED THAT Ann L. Shellenberger , PLAINTIFF, AND Daniel R. Shellenberger , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN YET BEEN ENTERED; None THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The parties' Property Settlement and Separation Agreement dated March 13, 2006, is herein incorporated, but not merged. PROTHONOTARY +++'f.++ + +~+'f.:f++++++++++~+~+ +++'f.+ .. . 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