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HomeMy WebLinkAbout06-1082IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD F. SHEETZ, Plaintiff v. ELIZABETH H. SHEETZ, Defendant * NO.?? * * CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 6 -YIA 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 COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD F. SHEETZ, * NO. L>(5, - J?a ?1 vi l?Tn Plaintiff * V. ELIZABETH H. SHEETZ, Defendant * CIVIL ACTION - LAW IN DIVORCE * * * * COMPLAINT COUNT I - DIVORCE UNDER 43301(c) or 43301(d) OF THE DIVORCE CODE 1. The Plaintiff is Richard F. Sheetz, who currently resides at 34 Flower Road, Carlisle, Cumberland County, Pennsylvania, 17013. 1 The Defendant is Elizabeth H. Sheetz, who currently resides at 34 Flower Road, Carlisle, Cumberland County, Pennsylvania 17013 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 17, 2004 in Carlisle, Pennsylvania. 5. There are no minor children of this marriage. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, or property division. 9. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (B) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 11. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: Timothy J. squire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 VERIFICATION I, Richard F. Sheetz, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. '4904, relating to unsworn falsification to authorities. Date: 2 /Z / 106 f -, 6 RICHARD F. SHEETZ Plaintiff D C a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD F. SHEETZ, * NO. 06-1082 CIVIL TERM Plaintiff * V. * CIVIL ACTION - LAW IN DIVORCE ELIZABETH H. SHEETZ, Defendant AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the within Divorce Complaint, at the Defendant's last known address as follows: 34 Flowers Road, Carlisle, PA 17013, by certified mail, restricted delivery, return receipt requested on the 8th day of March, 2006. The Certified Mail Receipt and PS Form 381 11 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: March 14, 2006 WILEY, LENOX, COLGAN & MARZZACCO, P.C. B,a -T eft L. Roberts COMMONWEALTH OF PENNSYLVANIA .SS COUNTY OF / jrj? L On this, the 10 day of March, 2006, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA i 1? . OTARY P LIC My Commission Expires: Notarial Seel S. Dawn Gladfexer, Notary Public DIll"Boro,' County My Orxrrnisslon Expires May n, zoos Member, Pennsylvania Aeeaolatlon of Notaries C'7 t 'O Cx% "i' ?--tt rru r?. x m ._ ...?., WI _rl -'O a ¦ Complete Rams 1, 2, and 3. Also complete Rem 4 R Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the carol to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. 0 Agent B. Receivdd by (Printed Neme) L: Date of Delivery -?-067 D. Is delivery address different from Rem 17 11 Yes R YES, enter delivery address below: 0 No ELIZABETH H. SHEETZ 34 FLOWER ROAD CARLISLE, PA 17013 3. Service Type gzartlfied Mall ? Express Mail ? Registered 0 Return Receipt for Merchandise 0 insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. Article Number 7004 0750 0003 6359 2399 (/tartsler Irwn serNCe leDell PS Form 3811, February 2004 Domestic Return Receipt 10259s-c2-101-1540 EXHIBIT "A" " `r L=v L 1 l ' ?_ "' ''a -e iz ' fti1[C? _ :F+' (fib`. C^:y = t; - ` ? ?ri7 r-f? .? .. Z. ?,.? t?i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA F. SHEETZ, Plaintiff * V. * * 'H H. SHEETZ, Defendant NO. 06-1082 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. 2006. have A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 23, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days a from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request e try of the decree. I erify that the statements made in this affidavit are true and correct. I understand that false stat ments made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Ily o9 Date Richard F. eetz Plaintiff it: ?Z OF i 2099 .#UM - I Nil ? ° 1-1 : V 4S NC-' .. - ""I" t' 4:t?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA D F. SHEETZ, * NO. 06-1082 CIVIL TERM Plaintiff * V. * CIVIL ACTION - LAW IN DIVORCE * * H. SHEETZ, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENM OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or *penses 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 4 copy of the decree will be sent to me immediately after it is filed with the that the statements made in this affidavit are true and correct. I understand that false Date made herein are subject to the penalties of 18 Pa. C. S. §4904 relating to falsification to authorities. ,?Wefv v?' Ric and F. Sheetz Plaintiff FfLFD_' THE: P'? 2009 JUN -- I P : t r , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD F. SHEETZ, * NO. 06-1082 CIVIL TERM Plaintiff * V. * CIVIL ACTION - LAW IN DIVORCE * * ELIZAB TH H. SHEETZ, Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 23, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elap ed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I false star unsworn -!l Date that the statements made in this affidavit are true and correct. I understand that s made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to cation to authorities. - L?DJJ.. Eliza th . Sheetz Defendant As OF Thy 2009 JUN - I Nil 11.13: 1 °?, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA F. SHEETZ, Plaintiff * V. * * 'H H. SHEETZ, Defendant NO. 06-1082 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DKRE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. fees, or 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 e penses if I do not claim them before a divorce is granted. 3.? 1 understand that I will not be divorced until a divorce decree is entered by the Court and that ? copy of the decree will be sent to me immediately after it is filed with the I erif false stat mer unworn alsi Date that the statements made in this affidavit are true and correct. I understand that made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to fication to authorities. Eliza h . Sheetz Ali Defend 2069 JUN - I P.-M 4: I p err r 'IJ ' /Gb7- MARITAL SETTLEMENT AGREEMENT i T S MARITAL SETTLEMENT AGREEMENT, made this 01 day of MRq 2009, by and between RICHARD F. SHEETZ, of New Cumberland, berl d County, Pennsylvania (hereinafter referred to as "HUSBAND") and ELIZABETH ;ET , of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as WITNESSETH: WHEREAS, the parties were married on November 17, 2004, in Carlisle, Pennsylvania; REAS, HUSBAND and WIFE are the natural parents of one (1) minor child: Matthew Thomas heetz, born November 3, 2006; EREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, 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 in relation to the ownership and equitable distribution of real and personal propertysettling 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; settling of custody matters and in general, the settling of any and all claims and possible claims by either parity against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: INTERFERENCE: Each party shall be free from interference, authority, and contact by the o er, as fully as though he or she were single and unmarried, except as may be necessary to carry o t the provisions of this Agreement. Neither party shall molest the other or attempt to endeav r to molest the other, nor compel the other to cohabitate with the other, or in any way harass or mali n the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense may be available to either party. This Agreement is not intended to condone and shall not be deeme to be a condonation on the part of either party hereto of any act or acts on the part of the other p which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrieva lv broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have live separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute 'vorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purpose whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing any such decree, judgment, order or further modification or revision thereof shall alter, amend r vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereina er entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same an? be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective ate of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7 MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other' or any part hereof, whether 'sing out of any former acts, contracts, engagements or liabilities of such other or by way of dow or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights o a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this ;nt or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect o 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 ver nature arising or which may arise under this Agreement or for the breach of any provision thereof it is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division f property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant o the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: HUSBAND has been represented by Timothy.". Colgan, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and vol tarily after full consultation with his counsel. WIFE has been represented by Jaime D. Wassme Esquire, and WIFE acknowledges that she has signed this Agreement freely and after full consultation with her counsel. he parties acknowledge that this Agreement is not the result of any duress, undue influence, collusion and/or improper or illegal agreement. The parties further acknowledge that they have eac made to the other a full and complete disclosure of their respective assets, estate, liabilitie , and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9 WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate o the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all s ch debts, liabilities or obligations of every kind which may have heretofore been incurred by other any any including those for necessities, except for the obligations arising out of this Agreement. I WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE , warrant, represent and agree that, with the exception of obligations set forth in this nt, neither of them shall hereafter incur any liability whatsoever for which the estate of the y be liable. Each party shall indemnify and hold harmless the other patty from and against all debts, charges and liabilities incurred by the other after the execution date of this nt, except as may be otherwise specifically provided for by the terms of this Agreement. 1. PERSONAL PROPERTY: The parties have divided between them, to their mutual on, the personal effects, household furniture and furnishings, and all other articles of property which have heretofore been used by them in common, and neither party will make a to any such items which are now in the possession or under the control of the other. B these presents, each of the parties hereby specifically waives, releases, renounces and forever a andons whatever claims he or she may have with respect to any personal property which is in the ssession of the other, and which shall become the sole and separate property of the other from the to of execution hereof. 1 . BANKACCOUNTS: HUSBAND and WIFE owned one joint bank account during their in age. It is acknowledged that they have divided the jointly held account to their mutual satisfacti n. The parties agree that each shall become sole owner of any accounts in their individual names they each hereby waive any interest in, or claim to, any funds held by the other in any 1 . MOTOR VEHICLES: The parties agree to retain the vehicles that are currently in each of eir possession. Each party is responsible for the vehicles distributed to them, including the payment f insurance and maintenance, and each party agrees to indemnify and hold harmless the other p for failure to make payments thereon. Further, each party agrees to execute any and all docume tation to give effect to this paragraph within ten (10) days of a request of the other party. 1 . DEBT: The parties accumulated debt during their marriage, to the extent that it is agr d that HUSBAND shall assume and be solely responsible for any and all obligations in his name an shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. It is agreed that WIFE shall assume and be solely responsi le for any and all obligations in her name and shall indemnify and hold HUSBAND harmles against any liability resulting from her failure to make payments as prescribed herein 5. PENSIONS / RETIREMENT ACCOUNTS: HUSBAND is the owner of a retireme t account through his employment with the Pennsylvania Army National Guard. It is agreed at HUSBAND shall retain sole and exclusive ownership of this account, and WIFE hereby waives y right, claim or interest she may have to the retirement account or other benefits earned during a marriage. Specifically, WIFE waives any right to future interest to include, but not limited o, the survivor benefit, in HUSBAND's pension. Additionally, WIFE will cooperate in signing y and all documentation required by the government to allow HUSBAND to drop the survivo benefit payment. The parties agree to execute any documents necessary to give effect to this n eranh. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they de appropriate. 17. HEALTH INSURANCE: Each party shall be responsible for their own health coverage. HUSBAND shall provide health coverage for the minor child so long as it is available to him at a reasonable cost. The parties agree to share equally all unreimbursed medical expenses 111. CUSTODY: The parties agree that they shall share legal custody of their minor child. The parties further agree that WIFE shall have primary physical custody and HUSBAND shall have periods of partial physical custody at times as they mutually agree. The parties shall share custody n holidays as mutually agreed, with WIFE having Mother's Day and HUSBAND having Father's ay each year. Transportation shall be shared by the parties. The parties agree that they will prov de the other with at least forty-eight hours notice of any intention to remove the child from the state, and obtain the consent of the other party, which consent shall not be unreasonably withheld. The parties agree to provide the other with an accurate address and phone number at all times, and shall provide the other party notice of where the child will be staying and a means to contact the child if the other party will be removing the child from the state. CHILD SUPPORT: HUSBAND shall pay WIFE $420.00 per month in child support. Payments shall be made directly from HUSBAND to WIFE in two installments. The first installm the shall be on the l' of each month and the 2" d installment shall be on the 15`h of each month. parties agree that this child support obligation is modifiable based upon a change in I WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the ?oregoing provisions for their individual benefit are satisfactory with regard to support and nce, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, pendente lite or for any provisions for support and maintenance. The parties further -dae that in consideration of the transfers made herein, each completely waives and any and all claims and/or demands they may now have or hereafter have against the other 0 alimony, alimony pendente lite, spousal support, counsel fees and court costs. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, in pendently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to 'spose of the same as fully and effectively, in all respects and for all purposes as though he or she ere unmarried. 2 . INCOME TAX: HUSBAND and WIFE have filed separate tax returns from 2006 forward. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed for any year in which they filed a joint return, or any assessment of any such tax is made against e' er of them from any such joint return, each will indemnify and hold harmless the other from an against any loss or liability for any such tax deficiency or assessment and any interest, penalty d expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid olely and entirely by the individual who is finally determined to be the cause of the misrepre entations or failures to disclose the nature and extent of his or her separate income on the aforesai joint returns. 2 . APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby a ee and express their intent that any transfer of property pursuant to this Agreement shall be wi ' the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specific lly, the provisions of said Act pertaining to the transfers of property between spouses and former s ouses. The parties agree to sign and cause to be filed any elections or other documents required y the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreem t without recognition of gain on such transfer and subject to the carry-overbasis provisions of said ct. 4. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specific ily provided herein, this Agreement shall continue in full force and effect after such time as a fin Decree in Divorce may be entered with respect to the parties. 5. BREACH: If either party breaches any provision of this Agreement, the other party shall ha a the right, at his or her election to sue for damages for such breach or seek such other remedie or relief as may be available to him or her, and the party breaching this contract shall be respons ble for payment of reasonable legal fees and costs incurred by the other in enforcing their rights der this Agreement. 6. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdicti n, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intes y, right to take against the Will of the other, and the right to act as administrator or executor f the other's estate, and each will, at the request of the other, execute, acknowledge and deliver y and all instruments which may be necessary or advisable to carry into effect this mutual waiver d relinquishment of such interests, rights and claims. 2 . ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties d there are no representations, warranties, covenants or undertakings other than those expressl set forth herein. 2 . AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall in a to the benefits of the parties hereto and their respective heirs, executors, administrators, successo s and assigns. 2 . ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the requ st of the other, execute, acknowledge and deliver to the other any and all further instruments that ma be reasonably required to give full force and effect to the provisions of this Agreement. 0. VOID CLAUSES: 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, conditio , clause or provision shall be stricken from this Agreement and in all other respects this Agreem nt shall be valid and continue in full force, effect and operation. 1. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed y and between the parties hereto that each paragraph hereof shall be deemed to be separate and ind endent Agreement. 2. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the comple ness and substantial accuracy of the financial disclosure of the other as an inducement to the exe ution of this Agreement. The parties acknowledge that there has been no formal discovery conduc d in their pending divorce action and that neither party has filed an inventory and apprais meat as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the fore oing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Divorce Code, of any interest owned by the other party in an asset of any nature at any time prio? to the date of execution of this Agreement that was not disclosed to the other party or his or her co sel prior to the date of the within Agreement is expressly reserved. In the event that either p , at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petitio the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. Th non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred y the other party in seeking equitable distribution of said asset. Notwithstanding the this Agreement shall in all other respects remain in full force and effect. MODIFICATION AND WAIVER: A modification or waiver of any of the of this Agreement shall be effective only if made in writing and executed with the same ityf as this Agreement. The failure of either party to insist upon strict performance of any of the provi0ions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for only. They shall have no affect whatsoever in determining the rights or obligations of the APPLICABLE LAW: This Agreement shall be construed under the laws of the .lth of Pennsylvania and more specifically under the Divorce Code of 1980 and any thereto. year A WITNESS WHEREOF, the parties hereto have set their hands and seals the date and TH OF PENNSYLVANIA : SS. OF I12/? E?? ,??Q this, 5) 747day of i214 ,?Y , 2009, before me a Notary Public, personally appearedlizabeth Sheetz, known to me to be the person whose name is subscribed to the within Marital S ttlement Agreement and acknowledged that she executed the same for the purposes therein WITNESS WHEREOF, I MICHAEL R. CARANCI, Notary Public Lemovne Boro. Cumberland County TH OF PENNSYLVANIA SS. OF lzq a this, the E! ay of 2009, before me a Notary Public, personally Richard Sheetz, known to me to be the person whose name is subscribed to the within Marital 4ettlement Agreement and acknowledged that he executed the same for the purposes therein WITNESS WHEREOF, I hereunto set my hand and official seal. PENNSYLVAN Public R. CARANCI, Notary Public Boro. Cumberland County ission Expires June 15, 2010 2009 JUG' -1 FI 3: 11 L; .- 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD F. SHEETZ, * NO. 06-1082 CIVIL TERM Plaintiff V. * CIVIL ACTION - LAW IN DIVORCE ELIZABETH H. SHEETZ, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was served via Certified Mail, Restricted Delivery on March 8. 2006, said Affidavit of Service was filed with this Honorable Court on March 15, 2006. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. May 27, 2009 ; By Defendant: May 27, 2009. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated May 27, 2009, and filed with this Honorable Court on June 1, 2009. -A Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 1, 2009; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 1, 2009. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy J. Co W, E re Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: '??l'D FILED-(" Or IKE ?p,RY 2009 JUL 16 P 2: 3 8 IN THE COURT OF COMMON PLEAS OF RICHARD F. SHEETZ, CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH H. SHEETZ DIVORCE DECREE AND NOW, :S Q 1. `1 zZ RICHARD F. SHEETZ, NO. 06-1082 Civil Term 'On , it is ordered and decreed that ELIZABETH H. SHEETZ bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms and provision of the Marital Settlement Agreement signed by the parties and dated May 27, 2009 are hereby incorporated but not merged in the Decree of Divorce and remain binding upon the parties. By the Court, Attest: J. Prothonotary 14?? _ 1