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HomeMy WebLinkAbout06-0414 . Prepared By: . Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court ID# 32112 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA BRIAN E. SHUGHART, Plaintiff NO. 0(" - 411../ v. CIVIL ACTION - LAW. AMY L. SHUGHART, DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS C!.;u~L ~~ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set f rth in the following pages, you must take prompt action. You are warned that if you fail to do so, th case may proceed without you and a decree of divorce or annulment may be entered against y u by the court. A judgment may also be entered against you for any other claim or relief requeste 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, COUNSE FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY OSE 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO P OVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PER ONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA BRIAN E. SHUGHART, Plaintiff NO. v. CIVIL ACTION - LAW. AMY L. SHUGHART, DIVORCE Defendant AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las queja expuestas en [as paginas siguientes, de be tomar accion con prontitud. Se Ie avisa que si no se efiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 pr piedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas 0 rompimiento irreparable del atrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthous Square, Carlisle, Pennsylvania 17013. 51 USTED NO RECLAMA PENSION ALlMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIEN SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA NDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUM8ERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, Plaintiff V. NO. DI.. - 'flj CIVIL ACTION- LAW iu,L~~ AMY L. SHUGHART, Defendant DIVORCE COMPLAINT Plaintiff, Brian E. Shughart by attorney, Diane G. Radcliff, Esquire, and fil s this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is Brian E. Shughart, an adult individual who currently resides 1335 Enola Road, Carlisle, PA 17013 . 2. The Defendant isAmy L. Shughart, an adult individual residing at 1335 nola Road Carlisle, PA 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commo wealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 31, 1985 at Carlisle, ennsylvania. 5. Plaintiff avers that there are children under the age of eighteen (18) bo n of the marriage, namely, to wit: Andrew Shughart, born 9/6/1988 and Angelea Shughart, born 5/3/1990. 6. There have been no prior actions of divorce or annulment between t e parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counse ing. 8. Defendant is not a member of the Armed Services of the United States r any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: -1- . A. Section 3301lc) Mutual Consent No-Fault: The marriage is irr trievably broken; B. Section 3301 (d) Non-Consent No-Fault: The marriage is irretrie ably broken and the parties are now living separate and apart. Once the parties ave lived separate and apart for a period of two years, Plaintiff will submit an At idavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree n divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, CLIFF, ESQUIRE e Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -2- . VERIFICATION BRIAN E. SHUGHART verifies that the statements made in this Co plaint are true and correct. BRIAN E. SHUGHART understands that false statements herein are ade subject to the penalties of 18 Pa.c.S. Section 4904, relating to unsworn falsification to a thorities. ~ L BRIAN E. SHUGHART Date: -3- - O{ Q -{,Q, G "'j:) - f'\-:. ~ \\:. \\:. () - tr"'t ".,." - VJ ~ 0 , ..t:. :.--1 \_.,,~ ...() ~ ~ u - - - . j',) c.: ~ F"i r .,', ('1 - f" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, Plaintiff NO. 06-414 CIVIL TERM v. CIVIL ACTION - LAW. MAY L. SHUGHART, Defendant DIVORCE ACCEPTANCE OF SERVICE I, Amy L. Shughart, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the above captioned matter on January 20, 2006. Date: 0:.2 h J() (P a llL~ ' Ilc / fI ?c vi--' . . Amy L. Sh hart 1335 Enola Road Carlisle, PA 17013 G l') '--.., .'--' -q -" -'.j [;2 I...D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, PLaintiff NO. 06-414 CIVIL TERM v. CIVIL ACTION - LAW. AMY L. SHUGHART, DIVORCE Defendant MARITAL AGREEMENT BETWEEN BRIAN E. SHUGHART AND AMY L. SHUGHART TABLE OF CONTENTS INTRODUCTION................................................................ 1 SECTION I General Provisions ................................................... .......... 1 SECTION II Distribution of Property and Debts........................................... 7 SECTION III Counsel Fees, APL, Alimony, Support, Custody, Health Insurance...... 14 SECTION IV Closing Provisions and Execution............................................ 15 NOTARy.......................................... .oo_ ... ...... ............................................................................ 17 EXHIBIT "A" Personal Property Division List............................................... 18 INTRODUCTION THIS AGREEMENT made this _ day of , 2006, by and between BRIAN E. SHUGHART, ("Husband") of 1335 Enola Road, Carlisle, PA 17013 and AMY L. SHUGHART, ("Wife") of 1335 Enola Road, Carlisle, PA 17013. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on August 31, 1985 in Cumberland County, Pennsylvania, and were separated on January 20,2006 (date of filing of Divorce Complaint); and, WHEREAS, The parties are the parents of two (2) children: Andrew Shughart, born 09/06/1988; and Angelea Shughart, born 05/03/1990, (the "Children"); and, WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; 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 the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. -1- 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Wife acknowledges that she has been advised of her right to be advised by an attorney of her own choosing prior to entering into this Agreement and that she voluntarily has decided not to retain such counsel, and further acknowledges that she accepts said Agreement and that said acceptance is not based on any advice or representation made by Husband's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Wife by said counsel. Wife further -2 - acknowledges that prior to the signing of this Agreement, Wife consulted with and received legal advise from Carol Lindsay, Esquire 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. 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 shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Allainst Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such - 3 - other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exceotion: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to -4 - the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damal!es: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. - 5 - 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. In the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, such tax, interest, penalty or expense shall be paid solely and entirely by the party who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her income or deductible expenses on the aforesaid joint returns ans said party shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. 2005 Tax Return: The parties shall file joint Federal and state Income tax returns for the current tax year. The parties shall equally share in the costs of preparing that return. If that joint filing results in any refunds that refund shall be applied in accordance with the following: 1. Payment to Husband of the amount of $400.00 as reimbursement for his post separation payment of estimated taxes. 2. Payment to Husband of one-half of the balance remaining after payment of the $400.00 aforesaid; 3. Payment to Wife of one-half of the balance remaining after payment of the $400.00 aforesaid. 4. If at the time of receipt of the refund, a party has not paid his or her share of the tax return preparation costs, that payment shall be made from his or her share to the tax return preparer, or if previously paid by the other party, then the payment will be made to the other party. C. 2006 Tax Returns: The parties shall file individual tax returns for the 2006 current tax year and for every tax year hereafter. D. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. - 6 - 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION" DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts in any divorce action that has been or may be instituted between them. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property set forth on the list attached hereto as Exhibit "A", and made a part hereof. 2. To Husband: All items of personal property set forth on the list attached hereto as Exhibit "A", and made a part hereof. 3. Family Photos: Wife shall divide the family photographs between the parties so that they are fairly equally divided. Wife shall provide husband with his share of the photographs within six (6) months of the - 7 - date of the agreement. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: 1995 Chevrolet Astro Van (currently jointly owned) and any vehicle loans for the purchase of said vehicle, including, but not limited to: none known. 2. To Husband: 1996 Dodge pick up truck (currently jointly owned) and the 1992 Pontiac Grand Am (currently jointly owned) and any vehicle loans for the purchase of said vehicles, including, but not limited to: none known. The foregoing notwithstanding, Wife shall be entitled to use the 1992 Pontiac Grand Am until the date of the entry of the divorce decree between the parties. It is further understood that the 1992 Pontiac Grand Am is intended to be used by the parties' daughter. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: Wife's Sovereign Bank account and the funds previously received by Wife from the division of the parties' joint accounts with Member's 1st and Sovereign Bank. 2. To Husband: Husband's Member's 1st account and the funds previously received by Husband from the division of the parties' joint accounts with Member's 1st and Sovereign Bank. D. Investments: The parties shares of stock, brokerage accounts, certificates of deposit (CDs) and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Wife's Prudential brokerage account and a share of the parties' two (2) Member's 1st , having balances of approximately $2,000.00 and 1,500.00 respectively, which share shall be equal to half - 8 - of the balance in, or value received from, said CDS at liquidation plus the sum of $150.00. 2. To Husband: Husband's Prudential brokerage account and a share of the parties' two (2) Member's 1st which share shall be equal to half of the balance in, or value received from, said CDS at liquidation minus the sum of $150.00. 3. Health Insurance Costs: It is acknowledged and agreed that the payment to Wife of one-half of the $1,500.00 CD and the payment of the $150.00 aforesaid is Husband's contribution to and to be applied towards her post divorce health insurance costs for a period of approximately six (6) months. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: Any life insurance policy insuring Wife's life and owned by Wife. 2. To Husband: Any life insurance policy insuring Husband's life and owned by Husband. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: Husband's Sovereign Bank and Member's 1st IRA accounts having a estimated combined value of $8,000.00 . G. Business: The parties' business interests shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: The stock and any interest in the business known as - 9 - , . Elwood B. Shughart 8: Son, Inc., and any assets and liabilities comprising said business. H. Real Estate: The jointly owned real estate known and numbered as 1355 Enola Road, Carlisle, PA 17013, ("the Real Estate"), encumbered mortgages securing two (2) home equity lines of credit owed to Sovereign Bank, ("the Mortgages"), shall be divided and distributed in accordance with the following: 1. Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Wife upon Wife's signing of this Agreement and held in escrow by Husband's attorney pending Husband's refinance/assumption of the Mortgages at which time the deed shall be delivered to Husband to record. 2. Liens. Encumbrances and Exoenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgages, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the Mortgages, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. 3. Refinance: Husband shall apply for refinancing/assumption of the Mortgage within fifteen (15) business days of the date of this Agreement and shall complete that refinance/assumption within sixty (60) days of the date of this Agreement 50 as to release Wife from further liability thereunder. The costs of refinancing or assumption shall be paid by Husband. 4. Sale: In the event Husband has not obtained the refinancing within the aforesaid sixty (60) day time period, the home shall be listed for sale and sold. Upon said sale the Wife shall be paid the monetary payment due her pursuant to the provisions of paragraph 2.02.1, and the remaining proceeds shall be paid to Husband. - 10- 5. Wife's Occupancv: Wife shall be entitled to occupy the Real Estate until the date the monetary payment referenced in subparagraph 2.02. I. below is paid to her, at which time she shall vacate the property. Until Wife vacates the Real Estate she shall contribute towards the payment of the household expenses in the same manner and amount as she has done in the past. 6. Wife's Personalty: The foregoing notwithstanding Wife shall be permitted to leave her personal property (household goods, furnishings etc.) on or at the Real Estate until the later of the date of the aforesaid monetary payment or the date the decree in divorce is entered between the parties. By that date Wife shall remove all such personal property from the Real Estate. 6. Flowers. Shrubs. etc. Wife shall be entitled to remove a reasonable amount of perennial flowers, shrubs, plantings etc. from the Real Estate provided that she does so on or before June 30, 2006. 7. Pool: The pool and pool deck located on the Real Estate shall be Wife's sole and separate property. The pool and pool deck shall remain on the Real estate through the end of the 2006 pool season so that it is available to the parties' children to use. Wife shall remove it from the real estate at her sole expense between the end of the 2006 pool season and December 31, 2006. I. Monetary Payment: In consideration of the distribution of the parties' assets and debts as set forth herein, Husband shall pay Wife the amount of $72,721.50 which amount is the difference between $75,000.00 minus $1,000.00 for Wife's share of the parties daughter's trip to Europe minus $1,278.50 for Wife's share of the parties Sovereign Bank HELOC. $1,000.00 of said amount shall be paid by Husband to Wife on or before January 31, 2006. The remaining balance of $71,721.50 shall be paid by Husband to Wife concurrently with completion of the refinance/assumption of the Mortgages set forth in above. J. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: - 11 - 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: A. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. B. Dau~hter's Trip and HELOC: it is noted for informational purposes that Wife's $1,000.00 share of costs for the parties' daughter's trip to Europe and her $1,278.5 0 share of the Sovereign Bank HELOC have been deducted from her monetary payment as set forth in subparagraph 2.02. I. above. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: A. The balance owed on the two (2) home equity lines of credit owed to Sovereign Bank referenced in subparagraph 2.02. G. above. These amount includes Wife's $1,278.50 share being deducted from the monetary payment due Wife as set forth in subparagraph 2.02. I. above. B. $2,000.00 towards the costs of the Daughter's trip to Europe to the extent not previously paid. This amount includes Wife's $1,000.00 share being deducted from the monetary payment due Wife as set forth in subparagraph 2.02. I. above. C. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Eauitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and - 12 - agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personaltv Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. G. Debt Balances and Prior Pavments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. - 13- H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not Limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liabilitv: Any Liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable, and the parties shall cooperate in closing any remaining accounts which provide for joint Liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or Liability for which the other party or the other party or the other party's estate might be responsible. L. Refinance: In the event a party is assuming a debt or liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all Liability thereunder. SECTION '" COUNSEL FEES, APL. ALIMONY, CUSTODY, CHILD SUPPORT, AND HEALTH INSURANCE 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right - 14- and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. CUSTODY. The parties feel that given the ages of their children they are old enough to decide where each wants to live. Therefore, this Agreement shall not govern any matters pertaining to custody of the Children. 3.04. CHILD SUPPORT. This Agreement shall not govern any matters pertaining to support of the Children. 3.05. HEALTH INSURANCE. The following shall apply regarding health insurance for the spouse: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy if and to the extent permitted under federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance Documentation: Any party having the insurance coverage on the other party pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. - 15 - 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: ~~ ~( ~-H b~ .~ ~-;SEAL) B IAN E. SHUGHA~ Date: ~~ h' ~ ~ A IuA ~ ~ (SEAL) AMY L SHUGHART Date: ~ 1 0 ~ ! oe.., - 16- '. COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this the "biv- day of knrLlHU4--' 2006, before me the undersigned officer, personally appeared, BRIAN E. SHUGHARt, known to me (or satisfactonly proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. cor,~tc~~,~\ [\i",.,;-' C\;,:1.,:G COMMONWEALTH OF PENNSYLVANIA C;_,~r!p" : f_<,y ";~j 55. COUNTY OF CUMBERLAND On this the "X+- day of ~ b ~~, 2006, before me the undersigned officer, personally appeared, AMY L. SHUGHART, Rnown to me (or satlsfactonly proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I h unto set my hand and notarial seal. 1 RY PUBLIC mmission Expires: COMMONWEAL: r-I U;" :-~::..;.:_:i-?YLVANIA r--- Notarial Sea ~ i Diane G. Radcliff. Notary Pub~;c ] Camp Hill Bora. C: 'I'-,'herJcnd County J ,~(~i~~ rC ~;~,-~E,~~',~", '~-A'~'::;::. ~l\ i'~~'-~- ';~;f~~~:'~~ r; es - 17- '. 'HF....> .... HUSBAN.D'SITEMS BEDROOM 2 dressers gun cabi net night stands gun safe cabinet/shelves bed 2 drawer white cabinet TV jewelry chest other miscellaneous items in bedroom 12 + guns (previously removed) other miscellaneous items in bedroom BATHROOM personal belongings personal belongings white shelving ..... r ."" ...... TV stand sofa computer desk 2 chairs floor lamp TV 2 table lamps grandfather's clock 2 end tables other miscellaneous items in living room decorator table 2 sweepers pink chair other miscellaneous items in living room DINING ROOM hutch and glassware cook stove cabinet/ radio other miscellaneous items in bedroom table and chairs plant stand humidifier stool other miscellaneous items in dining room EXHIBIT "A" PERSONAL PROPERTY DIVISION LIST - 18 - .. WIFE'S .,2 < II '. ........ .... ...... .''''~U~'' ..... VI of bakeware and cookware VI of bakeware and cookware recipe box replacement Corelle all Corelle microwave desk bread box white cabinet and contents dishwasher stoneware stove refrigerator other miscellaneous items in kitchen other miscellaneous items in kitchen LAl:JNDR.YROOM' plastic ware washer roasters dryer wife's personal tools and tool boxes other miscellaneous items in laundry room other miscellaneous items in laundry room BASEMENT tan chai r pool table filing cabinet game sewing machine in white cabinet weight bench desk table & chairs toy box freezer little refrigerator safe treadmill refrigerator chair curtain cover set some food from freezer: corn, beef, soup, etc. pressure washer wall decor chafing pans other miscellaneous items in basement dishes some food from freezer: corn, beef, soup, etc. wall decor other miscellaneous items in basement - 19- < WIFE'$I'T"EMS HOSBAND'SITEMS " '..'" "." green wire furniture porch swi ng white wire furniture other miscellaneous items on porch and deck black wire furniture table and benches picnic table Adirondack chairs 8 tan chai rs porch swing stand other miscellaneous items on porch and deck ATTIC ." Christmas tree other miscellaneous items in attic Christmas decorations H decor luggage vanity blinds vegematic other miscellaneous items in attic SHED .... ,.", yellow shovel other miscellaneous items in shed figurines other miscellaneous items in shed pull behind camper chipper shredder computer 1983 pick up truck - 20- c~ ~, '-'.,', , .......n ('(' C'_I ",") ::-;;... -' '.~ ....,-' \\"\'--- <:'" 1"..' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, Plaintiff NO. 06-414 CIVIL TERM v. CIVIL ACTION - LAW. AMY L. SHUGHART, Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 20, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. 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: 5/; ~ 0 i I 0 "-> = ~ c = u~5 "'" :::I: ~ mr"--: J> n1::!J ~f;~i. -< r -om u> <:Xl :uO ,-, C)(L) c;:: [~ -"'-1'.. -0 -r~ -r, -:r",.'-- ;:S-q ";:?", 3: '~C ~.7'"O s,;'c: ~ Om ...:::~ ?E =< w -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, Plaintiff NO. 06-414 CIVIL TERM v. CIVIL ACTION - LAW. AMY L. SHUGHART, Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 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. 54904 relating to unsworn falsification to authorities. D"ed'0 ~ rJ6 AA.,",~ f.; ~ BRIAN E. SHUGH RT (") ....., = ~ c = "" 'OCT' ::lI: :r:o ml""'- '""" 7/'u, -< n'r- ?~J -'::;1""1"1 CX> :oy S ;~(.) "'tl ............,-, ;~;-- ::J: ;~6 ""..', (.:>rn --- (....- N Z -I =< ~ .0 W -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, Plaintiff NO. 06-414 CIVIL TERM v. CIVIL ACTION - LAW. AMY L. SHUGHART, Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 20, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: :5 /;:L~(p . , thy/ AJJ~ AMY L. SHUGHART o ~: -ute,' (TifT\ --;1'''" 2: f.}:l. ~; ~:i~; ~ g "'" :J: ~ - a '11 ~,:n n,- -orn 'DC t_) ?-.) "_'1~, J.:.~'n ~)~) :,~~n o --, ;>p :< co -0 ::;: ~ v) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, Plaintiff NO. 06-414 CIVIL TERM v. CIVIL ACTION - LAW. AMY L. SHUGHART, Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ic) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. 54904 relating to unsworn falsification to authorities. Dated: S/;~/o(p ~/ .dh~J- AMY L. SH HART (") ~; "'-",^ -"CJf5,' nIP '-/ -., /-, co ~L }~F:, ..P ~~_; ~ ...., = = CT' Z J> -<: ~ ~ r11f9 -om :ny ~~~ /51'11 ~-l ;e: :Q 00 :;z - ~ 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. SHUGHART, Plaintiff NO. 06-414 CIVIL TERM v. CIVIL ACTION - LAW. AMY L. SHUGHART, Defendant DIVORCE PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filinl! of Complaint: January 20, 2006 b. Manner of Service of Complaint: Acceptance of Service c. Date of Service of Complaint: February 8, 2006 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: May 14, 2006 b. Defendant: May 12, 2006 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/ A b. Date of Filinl!: N/ A c. Date of Service: N/ A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated February 8, 2006, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301 (D)(l )(1) OF THE DIVORCE CODE: a. Date of Service: N/ A b. Manner of Service: N/ A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: May 18, 2006 b. Defendant's Waiver: May 18, 2006 E G. DCLlFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Supreme Court I D # 32112 Phone: (717) 737-0100 0 ~" c-: c;:::, 0 .- , -.;::n ,'J " "~'I - -,- m:G " 1',) ~j C" -':-> -r'o -,':", .,:: ('~ '>? ~:;; l"n ;.::-~ ."" ~D co -< '" "''''''' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. BRIAN E. SHUGHART, Plaintiff No. 06-414 CIVIL TERM VERSUS AMY L. SHUGHART, Defendant DECREE IN DIVORCE AND NOW, ~ ~\ , IT IS ORDERED AND 2006 , DECREED THAT BRIAN E. SHUGHART , PLAI NTI FF, AND AMY L. SHUGHART , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO\~~N.~HIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ No issues are outstanding. All issues have been resolved and ,settled by the Parties' Marital Agreement dated February 8, 2006, filed of record and incorporated into, but not merged with, / J. - ~:2. ~ ~ 70, 'II ' 'I ~~$~4~ %I,'1I,? ... .' . e,.: .,: ,'", .'11 J.'