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HomeMy WebLinkAbout06-5665 . , LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court 10: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@ojrlaw.com Attorneys for Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW AMIE SMITH Plaintiff, SHAWN W. SMITH Defendant . : NO. 2006 - C/,f.,S CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 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, 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court 10: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@ojrlaw.com Attorneys for Plaintiff AMIE SMITH Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006 -.sl.&.S CML'TERM IN DIVORCE SHAWN W. SMITH Defendant COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF 1HE DIVORCE CODE AND NOW COMES the above-named Plaintiff by and1hrough her attorney Elizabeth J. Saylor, Esquire and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Amie Smith, an adult individual who has resided at 139 B Garden Avenue, New Cumberland, 17070, Cumberland County, Pennsylvania since January of 2006. 2. Defendant is Shawn W. Smith, an adult individual who has resided at 122 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania since August 2005. 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 October 17, 1996, in Bel Air, Harford County, Maryland. 5. Plaintiff and Defendant separated on January 20, 2006. 6. Both Plaintiff and Defendant are in the United States Army. 7. There have been no prior actions for divorce or annulment between the parties in this or any other jurisdiction. 8. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling, but does not request the same. COUNT I -- DIVORCE 9. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff requests the court to enter a decree in divorce. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: That a decree in divorce be entered dissolving the marriage between the two parties. LAW OFFICES OF PETER J. RUSSO, P.C. ~ Attorneys for Plaintiff Peter J. Russo, Esquire ~/ . . Date: f-7-0,b 10 # 72897 Scott A. Stein, Esquire 10 # 81738 Elizabeth J. Saylor, Esquire 10 # 200139 . LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court 10: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@Dirlaw.com Attorneys for Plaintiff AMIE SMITH Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SHAWN W. SMITH Defendant NO. 2006- : IN DIVORCE CIVIL TERM VERIFICATION I, Amie Smith, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ,,0 Date: 1:3? L "(P : . ! Ii . U it:1 ., "\\",,. ,....'i1/C,( "'~<.. .t:~J "It-- '-'A1i1fu Smith '--'" , (J ~ ~ '"""" ~ ~ = 0 = "T1 . <.:r' C/) -I ~ ..,- """" U Pl rll :JJ -0 I ~ f> N -0 [!J ((;) W -.J tE~ -0 l:1 ,.., -0 p: :l: f w ;~~.:::, r Tl -4.. ~-' ,];! -< .;:;- ~D U 0 -< ~ .. ........... LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@pjrlaw.com Attorneys for Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006 -Su..s CIVIL TERM : IN DIVORCE AMIE SMITH Plaintiff SHAWN W. SMITH Defendant CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing Notice and Divorce Complaint upon the person and in the manner indicated below: Certified Mail, Restricted Delivery, Return Receipt Requested, Regular US Mail, and addressed as follows: Shawn W. Smith 122 Hummel Street Lemoyne, PA 17043 Date: r; 1 rdto ~ .. . ,"' AMIE SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SHAWN W. SMITH Defendant NO. 2006 - S'-~ CIVIL TERM IN DIVORCE . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: S~awr-.W . S~~" \~d. ~"^~~ \ N~ ~Nl,~~ \,al1~ 2. Article Number (T'ransfer from servfce label) PS Form 3811. February 2004 x B. Received by ( Printed Name) 3. ~1YPe Z CertIfIed Mall 0 ~ Mall CJ Registerecl ,.Ja"Retum Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes DomestIc Return Receipt 102595-02-M-1540 7006 0810 0006 1052 8033 e r--.,) C:-~ ;J = "'11 ;R~ 0"" 0 :r C'? ,., Z:J:l -i niF Z~ -orn (n 00 :00 ;:s. "':.- <) (-..> ...-0 ..,j"]", .)> -0 ~;.~?~ zO :x ~8 c:.5m ~ --I '1> N j:J -< LINDA Z. GORTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 05-5665 DOUGLAS S. GORTER, Defendant : CML ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 31, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice ofIntention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Date: /~j; r /t;~ ~' j -~ da z. Gorter.l,llff o ~; 'S.- ~;~r ~ C~ g~ C':l 0, ~-) f'-' C.) o -n --I ~~E ~'-~ 'T (.,n -l LINDA Z. GORTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5665 DOUGLAS S. GORTER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 10/31/05. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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.A. Section 4904 relating to unsworn falsification to authorities. Date: W'-JDO ", /', f\ (,\ !' ~I) ~.__" ~.,~~ ~ Ie l;" ti6uglas ' . Gorter ~ 0 G? -n 0' c::J rr1 C"') f......J o - - (Jl CO LINDA Z, GORTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5665 DOUGLAS S. GORTER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: i :11 '1. O{ ~!#. Douglas . . ~~~er .-..;) C::> = 0'" c:::J 1'1 ("'"; "'..) '0 o -n .-1 :l--n rn r:- ~~~ - - (..n CO NUUUTALSETTLEMENTAGREEMENT BY AND BETWEEN LINDA Z. GORTER AND DOUGLAS S. GORTER John 1. Connelly, Jr., Esquire JAMES, SMITH, DIEITERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Linda Z. Gorter Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 Telephone: (717) 657-0632 Counsel for Douglas S. Gorter MARITAL SETTLEMENT AGREEMENT +\.- TmS AGREEMENT, made this '<6 - day of b~be{Z..l ,2006, by and between LINDA Z. GORTER, of Lewisberry, York County, Pennsylvania, and DOUGLAS S. GORTER, of Mechanics burg, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Douglas S. Gorter (hereinafter called "Husband") currently resides at 4167 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, Linda Z. Gorter (hereinafter called "Wife") currently resides at 120 Megan Way, Lewisberry, York County Pennsylvania 17339; WHEREAS, the parties hereto are husband and wife, having been lawfully married on August 29, 1981; WHEREAS, the parties have lived separate and apart since on or about October 15,2005; WHEREAS, two children were born of the marriage between the parties, namely, Bradley R. Gorter, born March 23, 1986; and Stacey K. Gorter, born November 15, 1988; WHEREAS, the parties hereto are desirous of settling fully and fmally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, 1 profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Marianne E. Rudebusch, Esquire, his counsel, and Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has 2 had the opportunity to discuss with counsel 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 alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of 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 that 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 full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife acknowledges that she has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania, Docket No. 05-5665. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply counsel for Husband with a copy of the Decree. 3 5. EOIDT ABLE DISTRIBUTION. A. Real Estate. The parties have sold their jointly titled real estate located at 211 Fox Drive, Mechanicsburg, Cumberland County, Pennsylvania. At the time of the sale of the real estate, the parties divided the proceeds 55% to Wife and 45% to Husband with Wife receiving $67,133.81 and Husband receiving $54,927.67. B. Furnishinl!:s and Personaltv. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. (1) Husband shall retain as his sole and separate property a 2005 Chevrolet Impala. This vehicle is provided to Husband by his employer and is considered non- marital property. (2) Wife shall retain as her sole and separate property the 2002 Honda CRY. Wife shall be responsible for any balance due on the said vehicle and she shall indemnify and hold Husband harmless on the same. (3) The 1995 Honda Accord shall be, at the appropriate time, transferred to son's name individually. (4) The 2002 Hyundai Sonata shall be transferred to Wife for the sole benefit of the parties' daughter and ultimately transferred to the daughter or traded for another vehicle which shall be the daughter's vehicle. (5) The parties agree that they will. cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. . 4 D. Life Insurance. Each of the parties shall retain any life insurance policies in their individual names. Husband is currently provided a life insurance policy through his employer and agrees to designate Wife as beneficiary on the said policy in the amount of at least $100,000.00. The life insurance beneficiary designation to Wife shall terminate at the time of the termination of alimony more particularly set forth herein. E. Pension and Retirement Benefits. Except as set forth below, each party shall retain the pension and retirement benefits in their name individually. Husband owns the following pension and retirement benefits: (1) A rollover IRA with First Investors in the amount of approximately $105,000.00. (2) A CRST International, Inc. Mass Mutual 401K In the amount of approximately $18,000.00. (3) A JB Hunt 401K with a value as of March 10, 2006 of approximately $5,200. OO( non-marital). (4) A Roth IRA Northern Trust Security balance as of January 31, 2006 of approximately $7,100.00 (non-marital). Wife has a retirement plan with her employer, the YMCA, with a current value of approximately $13,000.00. In order to equitably distribute the pension plans, Husband agrees that he will rollover to Wife a total of $62,000.00 as set forth herein. Husband will rollover the entire balance in his CRST International, Inc. Mass Mutual 40lK account to Wife pursuant to a Qualified Domestic Relations Order to be prepared by counsel for Wife. It is anticipated that the rollover balance will be approximately $18,000.00. The parties shall determine the balance in the said account at the time of the execution of the Agreement and that amount will be deducted from the total due to Wife from pension accounts ($62,000.00). The remaining amount (the difference between $62,000.00 and the value established for the CRST International, Inc. Mass Mutual 401K account at date of Agreement) shall be transferred from First Investors IRA to an IRA designated by Wife. Wife shall be entitled to retain in its entirety the rollover from the CRST International, 5 Inc. Mass Mutual 401 K account. In the event Wife withdraws any funds from the said account, any tax liability generated by the withdrawal shall be the responsibility of Wife. F. Bank Accounts. The parties have divided to their mutual satisfaction all marital bank accounts. Any remaining bank accounts in either party's individual name shall be their sole and separate property. G. Miscellaneous Property, As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enJoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. All marital debt of the parties has been satisfied at the time of the execution of this Agreement. K. Colle2e Education. The parties agree that they will set aside for the college education of their daughter Stacey U.S. Savings Bonds valued at approximately 6 $12,000.00 and a First Investor Account #104387 with a balance of approximately $40,600.00. These monies shall be used solely for the education of the parties' daughter. In the event any funds are left after daughter's education, they shall be divided between the parties 55% to Wife and 45% to Husband. The parties agree that they will cash in the savings bonds for the purpose of their daughter's education when the bonds have matured and the maximum amount is available through the cashing of the bonds. L. Liabilitv not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. M. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. N. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. O. Warrantv as to Future Obli!!ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only 7 those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, 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, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. INCOME TAX EXEMPTIONS: Ordinarily. the parties would share the income tax exemptions available to each of them for their minor children with Wife taking Stacey as her dependent in the tax vear 2006. The parties agree that Husband shall take the dependency exemption for Stacey for the tax vear 2006 therebv having both chil~en as dependents for tax purposes in that tax year. Husband shall be entitled to the exemvtion for Stacey so long as Wife receives from Husband the amount Wife would have received had she claimed Stacey as a dependent versus the amount she will receive without the exemption. For example. if Wife would have received a $200.00 refund without Stacey as an exemption. and a $600.00 refund with Stacevas an exemption. Husband would pay to Wife the $400.00 difference in order to use Stacev as a dependent on his tax return. The same formula would apply should Wife have a tax liability meaning Husband will pay to Wife the difference in her liability with and without Stacey as a dependent. 8. ALIMONY. Husband agrees that he shall pay to Wife in the form of alimony the sum of $700.00 per month. The said amount is presently designated as spousal support in a Support Order through the Court of Common Pleas Cumberland County, Domestic Relations 8 Division. The said Support Order shall be converted to alimony at the time of the execution of this Agreement. The said alimony payments shall be for an indefinite period of time but are non- modifiable as to duration or amount. The said alimony payment shall terminate upon the death of Husband, death of Wife or Wife's remarriage or cohabitation. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. 9. CIDLD SUPPORT. Husband is currently paying child support to Wife for the parties' daughter Stacey pursuant to an Order in the Court of Common Pleas Cumberland County, PACSES Case No. 55710774 in the amount of$I,OOO.OO per month. The said Child Support Order shall continue in full force and effect subject to the terms and conditions of the existing Order. The Child Support Order shall terminate upon the child's graduation from high school in June of2007. Under the current child/spousal support order referenced herein. Husband is to pay directly to Wife 33% of his net bonus for child and spousal sUPl'ort. The said bonus provision shall be reduced from 33% to 19.5% for child support only. The difference between 19.5% and the former amount of 33% is the spousal support portion which is terminated at the time of the termination of the spousal support order. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and 9 shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation 10 under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this 11 . ~ Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated In any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Douglas S. Gorter 4167 Kittatinny Drive Mechanicsburg, P A 17050 and to Wife, if made or addressed to the following: Linda Z. Gorter 12 . I 120 Megan Way Lewisberry, P A 17339 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 13 . . 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~~ '/, -'7d LO daZoGortJ ~~r ~ tk 14 p \1 r~. n ~""" o -- -..... en c,' -......... ,(1 :< .", .... LINDA Z. GORTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 05-5665 DOUGLAS S. GORTER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301 (c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: by certified, restricted mail on November 3,2005, as evidenced by the Affidavit of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: December 18,2006; by Defendant: December 4, 2006. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated December 18, 2006. 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) of the Divorce Code: 6. Date and manner of service of Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: December 18,2006; by Defendant: December 4, 2006. and, date of filing of the Waiver of Notice ofIntention to Request Entry of a Divorce Decree: both PlaintifPs and Defendant's Waivers are being filed contemporaneously herewith. JAMES, SMITH, DIEITERICK & CONNELLY, LLP Date: I a I d. 0 I () tp o ~: "';..~ r">J C'.:> c.;.:;) CT' C) rrl ~-) ~~~) -n .~ :r: -n ['11 p_ r:[~ l"..~) C' en OJ MARITAL SEPARATION AGREEMENT I. PREAMBLE THIS AGREEMENT, made and entered into this J 1..) f\p~, 1 ;;t.~C)t.., by and between SHAWN WAYNE SMITH, hereinafter referred to as The Husband, and AMIE MARIE SMITH hereinafter referred to as The Wife. WITNESSETH: MARRIAGE WHEREAS, the parties hereto were married on the 17th day of October, 1996, in Bel Air, Maryland, and have been and are now Husband and Wife. CHILDREN WHEREAS, one child has been born as issue of this marriage, to-wit: ALEXA MARIE SMITH, born October 12, 2000, and there are no other children born or conceived of this marriage; PHYSICAL SEPARATION WHEREAS, the parties, in consequence of disputes and irreconcilable differences, have separated on or about the 20th day of January, 2006, and are currently living separate and apart from each other, and have voluntarily and mutually agreed to continue to live separate and apart. AGREEMENT WHEREAS, both parties have arrived at mutually agreeable provisions to settle, adjust, compromise, and determine for all time the custody of their minor child, all rights of support and maintenance by either party against the other by reason of their marriage, and all property including a fair and equitable division of all community property and other rights and obligations existing between the parties arising out of their marital relationship; CONSIDERATION NOW THEREFORE, in consideration of the mutual promises herein made and of acts to be performed by them, the parties have agreed and by these presents do agree as follows: Separation Agreement Page 1 of 19 II. SEPARATION OF THE PARTIES SEPARATE LIVES The parties mutually and voluntarily agree, with the intention of terminating the marriage, to continue to live separate and apart in separate places of abode, without any cohabitation, as they have since January 20,2006. RECONCILIATION Even if the parties reconcile and resume living as Husband and Wife, this agreement shall nevertheless continue in full force and effect unless and until both parties execute a notarized agreement expressly modifying or rescinding this agreement. No failure to enforce any provision of this agreement for any period of time shall constitute a waiver of such provision. RIGHT OF DIVORCE RESERVED Nothing contained in this agreement shall be construed as a waiver by either of the parties of any ground for divorce which either of them may now or hereafter have against the other, the same being hereby expressly reserved. III. CHILD CUSTODY AND VISITATION The custody of the minor child of the parties, namely, ALEXA MARIE SMITH, shall be shared jointly by Husband and Wife. The parties agree that although the child may primarily reside with the Wife, both parties shall exercise joint care and control of the child and both parents may visit said minor child at any and all reasonable times and places. The parties hereto represent and agree that the welfare of the child shall be the major factor governing all aspects of custody and visitation rights and it is further understood that nothing contained herein shall constitute an abandonment of the said child by either of the parties. The parties agree to consult one another with regard to any and all major decisions affecting the health, education, and welfare in the best interests of said child. The Wife shall be referred to herein as the Custodial Parent. The Husband shall be referred to as the Non-Custodial Parent. The Custodial Parent agrees to consult with the Non-Custodial Parent on such matters as major medical treatments and selection of schools for the child to promote the best interests of the child. The Custodial Parent shall exercise final determination over these matters. Separation Agreement Page 2 of 19 VISITATION The child shall be with the Husband at the following times unless otherwise agreed to by the parties: WEEKENDS On alternate weekends the Husband shall have custodial time with the child 5: 15 p.m. Friday till transportated to school Monday morning. If the weekend is adjacent to a Monday holiday, the visit shall be extended to weekday schedule. Weekend visits will only be granted while Husband resides within 90 miles of the Wife. WEEKDAYS The Husband shall continue to have custodial time with the child every other alternating Tuesday and Thursday, from 5: 15 p.m. till transported to school the following morning and every other alternating Monday, Wednesday and Friday from 5:15 p.m. till transported school the following day. The Husband agrees to supervise and assist the child with homework assignments and to provide them with dinner during such time. Weekday visits will only be granted while Husband resides within 90 miles of the Wife. HOLIDAY SCHEDULE WINTER SCHOOL RECESSES The winter school recess shall be divided so that each parent has the child in alternating years while the child is out of school. In all even numbered years, the Wife shall have the child from the time she is released from school to the day before school resumes. In odd-numbered years, the Husband has the child from the time the child is released from school to the day before school resumes. THANKSGIVING The parties agree that the child shall be with the Wife on Thanksgiving Holiday from Wednesday evening to Sunday evening in every odd-numbered year and with the Husband in every even-numbered year thereafter. SPRING BREAK The parties agree the child shall be with the Wife during spring break vacation from the release from school until school resumes in every odd- numbered year and with the Husband in every even-numbered year thereafter. Separation Agreement Page 3 of 19 SUMMER VACA liON The child shall be with the Husband for a total of four weeks during the summer. The Husband shall notify the Wife of his summer vacation schedule on or before April 1st of each year. EFFORTS TO ACCOMMODATE The parties shall at all times be flexible in their visitation arrangement and shall give mature considerations to the wishes and needs of the minor child. Thl~ parties acknowledge that the best interest of the child is their paramount concern and recognize that modifications in the visitation arrangement may have to occur in order to meet the changing needs of the child and the parties to this Agreement. To that end, the parties may adjust any of the above times of visitation by mutual agreement as their respective schedules and/or the child's may require. Neither party shall arbitrarily dictate the terms of this Agreement and each shall endeavor to resolve all conflicts in good faith. In exercising and affording visitation or joint custody rights, each parent shall make all reasonable efforts to accommodate the schedule of the other parent. However, failure to reach mutual accord on a requested adjustment shall not constitute justification for the Wife or Husband to delay delivery of the child beyond the above schedule. The parties may modify or change this method of sharing physical custody as they may mutually agree, based on any problems, which may arise. In the event the parties cannot reach agreement regarding any requested modifications, either parent reserves the right to petition a court of competent jurisdiction to resolve the issue with the goal of maximizing the time with both parents in order to carry out the intent of equal shared custody; provided, however, that no modification will be implemented unless both parties agree or a court of competent jurisdiction so orders. AVAilABILITY OF OTHER PARENT If either party is required by their employer to travel overnight out of the area, the other party will have the option to make himself/herself available to care for the child during that time. If either parent is unable to care for the child, prior to using a third party to care for the child, the other parent shall be given the option to make himself available to care for the child during that time. SPECIAL EVENT The parties shall also cooperate, to the extent which may be appropriate under the circumstances, in accommodating one another should one wish to have the child for some special event or occasion other than and in addition to those specified herein above. Separation Agreement Page 4 of 19 The parties agree to work constructively with one another, and the child, in determining other appropriate times for the child to be with the Husband. Although the parties do not believe it necessary to schedule these times, the parties agree on the following principles: the parties shall share or alternate birthdays and special occasions and the parties shall make reasonable arrangements for the child as the case my be, to spend weekday time with the Husband, consistent with the schedules and the best interests of the child. LONG DISTANCE VISITATION The parties agree that upon the child's attaining the age that air carriers will allow her to travel unaccompanied, the child will use this means for visitation purposes. Husband will bear all transportation costs incident to exercise of visitation rights except as follows: The Wife will be responsible for delivering the child to and picking the child up at the major commercial airport nearest her home. If either parent moves to a new location so that transportation costs are higher, that parent will bear the additional cost. OPTIONAL VISITATION Under this agreement visitation shall be optional with the Husband, and his failure to exercise such rights on any occasion, for whatever reason, shall not be construed as a waive of future rights. However, any such unused visitation shall not accumulate. PARENTAL RESPONSIBILITY DISPARAGING REMARKS Neither party will disparage or criticize the other party in the child's presence, and each party will ensure that other adults refrain from disparaging or criticizing the other party in the child's presence. TELEPHONE Notwithstanding any of the above-specified provisions regarding custody and visitation, the parties shall each be allowed to communicate with the child by telephone and other means as the situation may reasonably require from time to time. Separation Agreement Page 5 of 19 NOTICE OF CHANGE OF ADDRESS Each party shall at all times keep the other apprised of his or her current permanent address within 30 Days of any intended change thereof. Such notice shall provide the other party of the intended date of change of address, the specific street, route address, city or county, state and zip code of the intended new address. IV. CHILD SUPPORT AMOUNT Commencing on the 5th day of February 2006, the Husband agrees to pay to the Wife to be used solely for the benefit of such child the sum of $400 per month until the child is emancipated. Such child support payments shall continue so long as the child reside and live with the Wife until the occurrence of the emancipation event as stated in this agreement. MODIFICATION The parties further acknowledge that the child support required by this agreement is only subject to modification by a court of competent jurisdiction upon a showing of a substantial change of circumstances POST-SECONDARY EDUCATION The Parties agree that the differences of the parties in no way effect their affection for the child and they both agree to assist the child with the reasonable expenses of vocational or academic education beyond secondary schooling, whenever necessary and appropriate, in the same manner as if the parties had continued to live together: provided such child is in legitimate and diligent pursuit of such education, or until age 25. v. HEALTH CARE MEDICAL The parties acknowledge that the child will remain covered under the current military medical coverage for so long as they qualify for such coverage under applicable law and military regulations. Coverage will be maintained as TRICARE Prime, and the Husband is responsible for paying the premiums. If the Husband terminates his military service prior to retirement, the Husband agrees to provide comparable medical insurance coverage for the child. Separation Agreement Page 6 of 19 It is further mutually agreed by and between the parties that the Wife will comply to the maximum extent possible with the provisions of any military service health program for the care of the minor child. If military facilities are reasonably available and the Wife, in a non-emergency, fails to use them, the Husband will not be liable for any expenses incurred. If civilian facilities are used, the Wife specifically agrees to maintain all records and receipts required by said military service health care program and to prepare whatever forms are required for obtaining reimbursement for medical care and treatment for the minor child. The Husband shall obtain identification cards, and take all other actions necessary to assure that the child enjoys full access to, and benefits from, any government operated, funded or reimbursed medical care program for which dependents of present and former service members are eligible under the law. A copy of this Agreement, or of an abstract containing this paragraph, shall constitute the Husband's direction and request to the administrator of any such program to enroll the child as a participant. The parties agree that the Husband shall pay 50% of the annual TRICARE deductible. The parties also agree that the Husband shall pay 50% of the cost share, excess charges, and uninsured medical expenses including, but not limited to, medical, hospitalization, medication, mental health and optometry for the period of time that the child is the Husband's dependent for the purpose of medical care. The Wife is responsible for paying the balance of these costs. DENTAL The Husband agrees to enroll the child in the military dental care program for so long as they qualify for such coverage under applicable law and military regulations. The Husband is responsible for paying the premiums. If the Husband terminates his military service prior to retirement, the Husband agrees to provide comparable dental insurance coverage for the child. It is further mutually agreed by and between the parties that the Wife will comply to the maximum extent possible with the provisions of the military dental care program for the dental needs of the minor child. If participating facilities are available and the Wife, in a non-emergency, fails to use them, the Husband will not be liable for any expenses incurred. The Wife specifically agrees to maintain all records and receipts required by said military dental care program and to prepare whatever forms are required for obtaining reimbursement for dental care and treatment for the minor child. The Husband shall take all actions necessary to enroll the child in the dental care program and assure that the child enjoys full access to, and benefits from, the government operated, funded or reimbursed dental care program for which dependents of present and former service members are eligible under the law. A copy of this Agreement, or of an abstract containing this paragraph, shall constitute the Husband's direction and request to the administrator of any such program to enroll the child as a participant. Separation Agreement Page 7 of 19 The parties agree that the Husband shall pay 50% of the deductibles, cost share, excess charges, and uninsured dental expenses, including orthodontic services, for the period of time that the child is the Husband's dependent for the purpose of medical care. The Wife is responsible for paying the balance of these costs. VI. EMANCIPATION EVENT With respect to a child, an emancipation event shall be deemed to occur upon the earliest happening of any of the following: 1. Reaching the age of 18 years or graduation from high school, whichever occurs first, except in the case of a handicapped child; 2. Marriage; 3. Death; 4. Entry into the Armed Forces of the United States, however, if the child is discharged from the service before his/her eighteenth birthday, an emancipation event will not have been deemed to-occur except for the period of actual service in the armed force; 5. Engaging in full-time employment other than during vacation and summer periods; 6. Engaging in part-time employment, if not a student. For the purposes of this agreement, a handicapped child shall mean one who is physically or mentally incapable of continuous self-support, as opposed to unwilling to support himself or herself at the age of eighteen years and thereafter. During the period of time the handicapped child is engaged in full or part-time employment, the obligation of the Husband for child support shall be reduced by the amount of the handicapped child's net income; but upon the termination of such employment, the Husband's obligation shall continue in full effect. VII. SPOUSAL SUPPORT Neither party shall now or in the future be obligated to pay to the other any amount or form of maintenance, alimony, or spousal support. They agree that neither of them shall petition any court for any form of such support and they each release the other from any obligation for support. This clause may be pleaded in bar of such a petition. Separation Agreement Page 8 of 19 VIII. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide their personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wheresoever situated, as provided herein: MOTOR VEHICLES The 2003 Acura now owned by the parties titled in the name of the Husband and the Wife, subject to an existing lien with a balance due of $22,193.00 and payable at the rate of $345.00 per month, shall be the property of Husband, who assumes liability for and shall make payments on the lien note when due and hold the other harmless therefrom. The 1999 Ducati motorcycle now owned by the parties titled in the name of the Husband and the Wife, subject to an existing lien and payable at the rate of $120.00 per month shall be the property of Husband, who assumes liability for and shall make payments on the lien note when due and hold the other harmless therefrom. The 2004 Pontiac Grand Am now owned by the parties titled in the name of the Husband and the Wife, subject to an existing lien with a balance due of $15,349.00 shall be the property of Wife, who assumes liability for and shall make payments on the lien note when due and hold the other harmless therefrom. Both parties agree to execute any bill of sale, registration certificate, or other documents necessary to transfer full and complete title to said motor vehicles as aforesaid. INTANGIBLE PERSONAL PROPERTY All stocks, bonds, cash, and sums on deposit in checking and savings accounts shall be divided as soon after execution of this agreement as practicable in the following manner: Separation Agreement Page 9 ofl9 BANK ACCOUNTS All sums on deposit in checking accounts and savings accounts owned by either or both of the parties in excess of outstanding checks drawn thereon prior to midnight on 20 January 2006, shall be divided as follows: Type Account Current Account Number and Account Balance Awarded to: Owner Location Savings and Husband 0203549437,PSECU Husband Checking and Wife Savings and Husband 0208669976, PSECU Wife Checking and Wife Savings Wife 7820165013,Pentagon WifE~ Federal Credit Union Sums which either party has withdrawn from such accounts since midnight on 20 January 2006 shall be charged as partial distribution to the withdrawing party except to the extent that the proceeds of such withdrawals have been used by the withdrawing party to pay obligations of the other party and except as agreed upon by the parties. STOCKS AND BONDS Each party shall receive and retain as his or her sole and separate property the following stocks and/or bonds in the amounts indicated. Type Investment Current Owner Investment Description Roth IRA USCRX Stock Wife Cost Basis Awarded To: $1,646.58 Wife FURNITURE AND OTHER TANGIBLE PROPERTY Each party shall receive and retain as his or her sole and separate property the following furniture: Furniture item King Bed Small Table and 2 Chairs Refrigerator Washer and Dryer Couch Large Table and 4 Chairs Computer Computer Table Item Value $3,000.00 $350.00 $850.00 $750.00 $1,600.00 $1,350.00 $600.00 $160.00 Separation Agreement Page 10 of 19 Awarded To: Husband Husband Husband Husband Wife Wife Wife Wife All furniture and other tangible personal property not disposed of pursuant to other paragraphs of this agreement shall be divided equally according to valu1e between the parties. Air conditioners and other removable large appliances shall be considered to fall within this sub-section. Each party has independently determined to his or her satisfaction the extent of property owned by the parties jointly and individually. Each party is satisfied that this agreement divides all property and assets that should be divided between the parties. Notwithstanding contrary provisions of law, any property, asset or expectancy, be it real or personal, tangible or intangible, vested or contingent, that is not addressed in this agreement is the separate property of the party who now owns or possesses it. IX. DIVISION OF REAL PROPERTY The Husband and Wife own certain real property located at 122 Hummel Avenue, Lemoyne, PA, hereinafter, the "home" and it shall be treated as follows: The Husband shall have the exclusive right from and after the date of this agreement personally to occupy the "home" without paying any remuneration therefore to the Wife. While occupying the "home," the Husband shall pay all charges, mortgage payments, taxes and assessments thereon. In the event the Husband ceases personally to occupy the "home" and in any event, no more than 3 years from the date of this agreement, the Husband shall exercise the option either to: Sell the "home" at the fair market value and pay to the Wife one-half the net proceeds as hereinafter defined; or Take title to the "home" in his sole name and pay to the Wife a sum equal to one-half of the difference between the then appraised fair market value of the "home" and the balance either then due on the currently existing liens on the "home" or balance which would be due thereon if all payments subsequent to the date of this agreement had been made on time, whichever is the lesser sum. The appraised market value for the purpose of this paragraph shall be determined by an independent appraiser to be selected by mutual agreement between Husband and Wife, or, if they are unable to agree on the selection of such an appraiser, by an appraiser selected by the persons suggested as appraisers by Husband and Wife. The cost of such appraisal shall be divided equally between the parties. Separation Agreement Page 11 of 19 If the Husband elects to sell the" to division pursuant to the above subpal in the contract of sale less balance then home, any real estate broker's commiss transfer and sales and documentary tax prorated taxes and interest payable by t improvements made by the Husband fol ( the actual cost of any fixing up expensel H b c~J 1\ e e c: S . c C(/"'l -' , I Improvements the Husband may make t U J 1_ immediately preceding the date on whicl I \ L I ~,...., CO./1 se:"17 T actually paid not later than 30 days afterJ~ LV'r, \ 'I shall not incur any such capital expenditl . I S e--l f- t $200.00 (Two Hundred Dollars and No C (' r' N\ lI\ ,I l'^ Husband. .-t. · 0, The following items now located a of the "home" and not items of furniture ( meaning of the DIVISION OF PERSONA agreement: rugs, fireplace equipment, dr Husband may have the use of the large c washer and dryer as long as he occupies the items mentioned in the two precedin~ as part of the "home," they shall be dividE PERSONAL PROPERTY paragraph of t~ There shall be no major alteration the express written consent of the Husbal alteration shall be that which, when comp x. MARITAL DEBTS CONESTffiA TITLE INSUAANCE CO. ~ 137 East King Street. Lancaster, PA 17602 I www.contitle.com phone: (800) 732-3555 . (717) 299-48051 Fax: (800) 675-2457' (717) 399-982 The Husband shall be solely responsible for the following presently outstanding debts of the parties and their child: Creditor Exchange Credit Program Revolving USAA Credit Card Bank of America Credit Card Citi Bank Credit Card Best Buy Credit Card Commerce Bank Line of Credit PSECU 220 Closed End Loan Account Number 6019440004953984 5491231246108495 4319040003544636 5424181907087864 7021270319490057 000833009814 0208669976 Total Husband Debt Amount Due $6,679.00 $5,975.00 $1,427.00 $1,794.00 $1,310.00 $359.00 $1,027.00 $18,571.00 Separation Agreement Page 12 of 19 The Wife shall be solely responsible for the following presently outstanding debts of the parties and their child: Creditor Wells Fargo Revolving Furniture Line PSECU L9 Credit Card Shared PSECU L20 Closed End Loan PSECU L21 Closed End Load . Exchange Credit Program Revolving Victoria Secret Credit Card Account Number 90684752 Amount Dw~ $2,941.00 $4,482.00 $1,027.00 $5,970.00 $6,449.00 $239.00 $21,108.00 0208669976 0208669976 0208669976 6019440003955220 891977191 Total Wife Debt: Each party shall hold harmless and indemnify the other against any and all liability in connection with those bills that he or she is obligated to pay under the terms of this agreement. The parties hereto agree that no further debts will be contracted in the name of the other party, and to hold the other harmless in the event of a breach of this paragraph. The parties further agree that neither party shall charge or cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make, and neither shall hereafter secure or attempt to secure any credit upon or in connection with the other, or in his or her name, and each of them will promptly pay all debts and discharge all financial obligations which each may incur for himself or herself. XI. LIFE INSURANCE The parties acknowledge that certain life insurance policies are in force on the lives of the parties with the other as beneficiary. The parties hereby agree that the party in possession of a policy or policies may do with such as they in their sole discretion deem proper including, but not limited to, the termination of said policies, or the designation of another beneficiary. Separation Agreement Page 13 of19 XII. MILITARY PRIVILEGES CHILD ENTITLEMENTS It is further mutually agreed by and between the parties that consistent with existing regulations of the United States Army, the Husband hereby specifically agrees to cooperate fully in furnishing any and all assistance in obtaining and maintaining all benefits due to the minor child of the parties by reason of the child's status as a military dependent. The Husband further specifically agrees to take whatever action is necessary to obtain any and all service-connected benefits for the minor child, including, but not limited to, post exchange benefits, commissary benefits, education benefits, medical treatment benefits or any other benefits the minor child is able to derive by reason of military dependent status, consistent with the regulations of the United States Army. . XIII. DIVISION OF MILITARY RETIRED PAY The parties agree that the Wife has waived all interest in the Husband's military retirement plan with the U.S. Army, and has waived her entitlement to the Husband's assignment of benefits in compliance with Federal Law. The parties were married for a period of 9 years 4 months during which the Husband performed 10 years 10 months of creditable military service. The parties acknowledge that any applicable rights of the Husband under the Servicemembers Civil Relief Act have been observed. XIV. ACCEPTANCE AND MUTUAL RELEASE Each of the parties receives the property set apart to them and the undertakings hereof in full and complete settlement and release of all claims and demands of every kind, name, or nature against the other party hereto, includin~, all liability now or at any time hereafter existing or accruing on account of support, maintenance, spousal support, dower, courtesy, or other allowances, either statutory or arising at common law, incident to the marriage relation; and after this settlement, Husband and Wife shall require nothing whatever of the other, except as herein provided," as though the marriage relation between them had never existed. Separation Agreement Page 14 of 19 XV. RELEASE OF ESTATE RIGHTS Wife agrees that the estate of Husband, after payment of the consideration herein mentioned to Wife, shall belong to the person or persons who would have become entitled thereof if the Wife had died during the lifetime of Husband; and Wife further agrees that she will not contest any will of Husband to be probated, and will allow administration upon his personal estate to be taken out by the person or persons who would have been entitled to do so had Wife died during the lifetime of Husband. Husband agrees that the estate of Wife including the consideration herein mentioned, shall belong to the persons who would have become entitled thereto if Husband had died during the lifetime of Wife; and Husband further agrees that he will not contest the will of Wife to be probated, and will allow administration upon her personal estate to be taken out by the person or persons who would have been entitled to do so had Husband died during the lifetime of Wife. Each party releases to the other and to the heirs, executors, administrators and assigns thereof all claims to or rights of, dower, courtesy, or inheritance, descent, distribution, election, or alimony in and to all property, real or personal, of the other, whether now owned or hereafter acquired. Each party renounces any claim or right to petition for letters of administration or to act as representatives of the other's estate even though there be no dissolution of marriage. XVI. TAX MATTERS ANNUAL RETURNS The parties agree to file separate federal and state income tax returns for the Tax Year 2005, and for all subsequent years. Any tax refund from said returns shall be the sole property of the party filing the separate return. XVII. COUNSEL FEES The party initiating the suit agrees to pay all court costs in connection with any divorce action which may be instituted at any time in the future between the parties hereto. Each party will pay his or her own attorney's fee. Each party hereby releases the other from any further obligations to pay any other or further counsel fees for each other or on each other's behalf in connection with any matter, except for the costs of the enforcement of the terms of this agreement in the event of one party's non-compliance, in which case the non-complying party shall be responsible for all reasonable expenses incurred in enforcement. Separation Agreement Page 15 of 19 However, if any suit or action is brought to declare or to enforce the rights of one of the parties under this agreement, the court may in its sound discretion award attorney fees and costs to the prevailing party; and the court shall make such an award if the suit or action is brought successfully to enforce a child or spousal support obligation. Although this is not an agreement to obtain a divorce, it is understood that the parties will be responsible for their own counsel fees and costs in any subsequent divorce action or other proceeding brought by either party. XVIII. WAIVER OF RIGHTS UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT The Husband hereby agrees to waive any and all rights he may have under the provisions of the Servicemembers Civil Relief Act in any subsequent action for divorce, provided that the terms of the divorce decree will not contradict, change, add or delete from any of the terms of this agreement in any manner whatsoever. The Husband realizes that this waiver will allow a default judgment of divorce to be entered against him in accordance with the terms of this agreement. XIX. BINDING EFFECT All covenants, promises, stipulations, agreements and provisions contained herein shall apply to, bind and be obligatory upon, the heirs, executors, administrators, personal representatives and assigns of the parties herein. XX. NOTICES For purposes of this agreement, all notices or other communications given or made hereunder shall, until written notice to the contrary, be given or mailed to AMIE MARIE SMITH at 139 B Garden Avenue, New Cumberland, PA 17070 and to SHAWN WAYNE SMITH at 127 Hummel Avenue, Lemoyne, PA 17043. XXI. ENTIRE AGREEMENT Both the legal and practical effect of this agreement in each and every respect and the financial status of the parties have been fully explained to both parties by legal counsel of each party's independent choice, and both parties acknowledge that the agreement is fair and is not the result of an fraud, duress or undue influence exercised by either party upon the other or by any other person or persons upon either, and they further agree that this agreement contains the entire understanding of the parties, there being no representations, promises, warranties, covenants or undertakings other than those expressly set forth herein. Separation Agreement Page 16 of 19 XXII. SEVERABILITY Should any Court hold a provision of this Agreement invalid, the remainder of the Agreement shall be given full force and effect and the invalid portion shall be struck from the Agreement or modified as the Court shall order. XXIII. INCORPORATION OF AGREEMENT IN DECREE In the event that an action for divorce is instituted at anytime hereafter by either party against the other in this or any other state or country, the parties hereto agree that they shall be bound by all the terms of this agreement and that this agreement shall not be merged in any decree or judgment that may be granted in such an action but shall survive same and shall be forever binding and conclusive on the parties, but nothing herein shall be construed to prevent the decree of judgment in any such action from incorporating in full or in substance the terms of this agreement. XXIV. GOVERNING LAW This agreement shall be interpreted in accordance with the laws of the State of Pennsylvania. XXV. COUNSEL In the negotiation and execution of this separation agreement, Husband was not represented by legal counsel. During the negotiation and prior to the execution hereof he was advised of his right to consult with counsel, of the availability of free legal counsel, and of the desirability of consulting with counsel before executing this agreement because if affects important personal and financial rights. By his signature on the line below and his execution of this agreement, Husband represents that he has not received any advice from Wife's attorney other than the recommendation to consult with counsel of his choice, and he hereby waives his right to counsel. XXVI. EXECUTION This agreement consisting of 19 typewritten pages is executed in duplicate, each of which shall be deemed to constitute an original once executec/o The parties have been advised and are aware that this agreement shall not be binding oneither party unless it is duly executed by both parties. Separation Agreement Page 17 of 19 XXVII. ACKNOWLEDGMENT IN WITNESS WHEREOF, I have at J-e.w Cuwt~/r ktlAJ, ?t=\ this '~y of t\f\....' \ '2.J::i;b , set my hand and seal to this separation agreement, the pages hereof bearing my initials. =-~~ SHAWN WAYNE SMITH COMMONWEALTH OF PENNSYLVANIA COUNTY OF YUvL On thislj4~y of A ~v i \ 2-CbC:,. , before me, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared SHAWN WAYNE SMITH known to me to be the person whose name is subscribed to the foregoing separation agreement, and he acknowledged to me that he voluntarily executed the same for the purposes therein contained. Witness my hand and official seal on this14B~y of Af"lt i l 20D6 ~.3J~,~, My Commission expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robert L Seiple, Sr., Notary Public FairviewTwp.. YorkCollnty My Commission Expires June 7. 2008 Member, Permsylvania Association Of NotarieG Separation Agreement Page 18 ofl9 IN WITNESS WHEREOF, I have at ~ ~vV\,lt4lovcl fJi4 this fi~ay of ~v; l '2061.. ' se~ "!l.y hand ~~d seal to this separation, agreement, the pag s hereof bearing my Initials. /-, '\ , -; J/ 1/ '1$/ ". :Pt~~ AMIE MARIE SMITH COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~>'1--lL.- On this.t4day of ~ vt \ 2D6 b , before me, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared AMIE MARIE SMITH known to me to be the person whose name is subscribed to the foregoing separation agreement, and she acknowledged to me that she voluntarily executed the same for the purposes therein contained. Witness my hand and official seal on this 14~ay of ~V1 t ZD6-b ~S.~~ My Commission expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robert L Seiple. Sr.. Notary Public Fairview Twp.. Vork County My Commission Expires June 7, 2008 Member. Pennsylvania Association Of Notaries Separation Agreement Page 19 of 19 LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@pjrlaw.com Attorneys for Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMIE SMITH Plaintiff SHAWN W. SMITH Defendant NO. 2006 - 5665 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing documents indicated below upon the person(s) and in the manner indicated below: Documents: a) Plaintiff's Affidavit of Consent b) Plaintiff's Waiver of Notice c) Defendant's Affidavit of Consent d) Defendant's Waiver of Notice e) Praecipe to Transmit Record f) Vital Statistic Form g) Proposed Divorce Decree U.S. Mail addressed as follows: Date: Shawn W. Smith 122 Hummel Street Leymoyne, PA 17043 \ - \ L1 r01 --------- r-~~ ,."P.,.) c~:::' \'"..) N ~.J LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@pjrlaw.com Attorneys for Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMIE SMITH Plaintiff SHAWN W. SMITH Defendant NO. 2006 - 5665 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301 (c) of the Divorce Code was filed on September 27,2006, and served on Defendant on October 10,2006. 2. The marriage of plaintiff and defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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. S 4904 relating to unsworn f9rlsification,1D authorities. I I I i Date: 3~61 r-' c::::> C:_J. .......J L- '2~~: r-..) N c..n .j::- --------->- --~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isaylor@pjrlaw.com Attorneys for Plaintiff AMIE SMITH Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHAWN W. SMITH Defendant NO. 2006 - 5665 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 9 3301 (c) AND S 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statement made in this affidavit are true and correct. understand that false statements herein are made subject to thfPenalties of 18 Pa.C.S. 9 4904 relating to unsworn falsificat~to authorities. Date: i) <]c.r-, 01 ~ (':~ -.....J ~ :"::: ~,;... o .1 -l -r- ;C';1 '"'1i 'r E? (~'l N N (J1 ..~,. LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@pjrlaw.com Attorneys for Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMIE SMITH Plaintiff SHAWN W. SMITH Defendant NO. 2006 - 5665 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 93301 (c) of the Divorce Code was filed on September 27,2006, and served on Defendant on October 10, 2006. 2. The marriage of plaintiff and defendant is irretrievable broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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. 94904 relating to unsworn falsification to authorities. Dale: 11 )1\11 01 =~~ kJ~ Shawn W. Smith ---------- r-) = = --' '- o -n .-\ ;0-1' :!1 I' r..:.:: ~~\ ~; ~ ~ I 1 Jlfi ....r.:::-- '''!"''-1 ::<. :::::: N N -c:) -.,'" ~.oo (..11 ..--------.. LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@pjrlaw.com Attorneys for Plaintiff AMIE SMITH Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SHAWN W. SMITH Defendant NO. 2006 - 5665 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 9 3301 (c) AND 9 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statement made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification t Date: 17 J~fl 07 orities. ~~ ^ L.0~ Shawn W. Smith 'C0 s C-- ..d...? -::-~~:.:: f'.) ~ ..."C: ,....-'-' -- .' ----------/~. . .l -.. LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 Isavlor@pjrlaw.com Attorneys for Plaintiff AMIE SMITH Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHAWN W. SMITH Defendant NO. 2006 - 5665 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 93301 (c) of the Divorce Code. 2. Date and manner of service of the complaint filed on September 27, 2006: Certified mail, return receipt, restricted delivery, signed by Defendant on October 10, 2006. 3. Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code: (a) By Plaintiff Amie Smith, on January 8,2007; (b) By Defendant Shawn W. Smith, on January 17, 2007. 4. Date of execution of the Waiver of Notice was executed: (a) By Plaintiff Amie Smith, on January 8, 2007; ./ ~.-. (b) By Defendant Shawn W. Smith, on January 17, 2007 6. No other related claims are pending. 7. Plaintiff's Affidavit of Consent and Waiver of Notice has been filed with the prothonotary simultaneously herewith. 8. Defendant's Affidavit of Consent and Waiver of Notice has been filed with the prothonotary simultaneously herewith. Atto neys for PI Peter J. Russo, ID # 72897 Scott A. Stein, Esquire ID # 81738 Elizabeth J. Saylor, Esquire ID # 200139 Date: /-/f-07 r-3 ~:;::::1 ~ ---' c..._ "'- ~~;.": o -n -I -\-/=1 :n , 1- .'.""'i\n y:,'~), ..::);~: ~~ f\'1 ~...J ..i ~ ..~..J --<:. N N ~) l..J1 .------.~--- - ~~~ ~~~~ ~ ~~ ~~~~~ ~ ~ ~ ~ ~~~ ~ ~ ~~~ ~~~ ~~~~~~~~~~~~ ~ ~~~ff.ff.~ff.ff. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Separation Agreement dated April 14, 2006, is incorporated into this decree. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. AMIE SMITH, 2006 - 5665 Plaintiff NO. VERSUS SHAWN W. SMITH, Defendant DECREE IN DIVORCE AND NOW, ~~.2(, vr/l'tJDA ~ · ,(/,::tb?, IT IS ORDERED AND DECREED THAT 5HAVVN W. :SMI J H , PLAINTIFF, AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. ~ 'f. ff. ff. ~ ff. ~ ~ ~ ~ ~ ~ ~ ~ ~ ATTEST: PROTHONOTARY ff. ~ff. ~ ~ ~~~ ~~ff. ~ ff.ff. ~ ~ ff. ~ ff. ~ ff. ff. ~ ~ ff. if. ff. if. ff. ~ ff. ~ ff. ~ <Ii <Ii J. ~h? $ /~ ~J;t, (,(J'6-( l ~r ~ ~ U,pJ 1"9 LiJ.f,e'; .., - '. 1;; >