HomeMy WebLinkAbout06-6477
KATHLEEN E. SHIREY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
Defendant
: NO. C(r&'171
: IN DIVORCE
CIVIL TERM
LANE D. SHIREY,
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
will proceed without you and a decree of divorce or annulment may be entered against you for
any 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 ofthe marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MA Y BE ABLE TO
PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIA nON
32 South Bedford Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166 or (800) 990-9108
KATHLEEN E. SHIREY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
Defendant
: NO. (;'/ '17
: IN DIVORCE
CIVIL TERM
LANE D. SHIREY,
COMPLAINT IN DIVORCE
NO FAULT
1. Plaintiff is Kathleen E. Shirey, an adult individual currently residing at 92 Station
Road, Newville, Cumberland County, Pennsylvania.
2. Defendant is Lane D. Shirey, an adult individual currently residing at 802 North
Fourth Street, Hamburg, Berks County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 17,1988, in Cumberland County,
Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the parties.
.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling. Knowing this, Plaintiff does
not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens ofthe United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of service of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) ofthe Domestic Relations Code.
Respectfully submitted,
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Hannah Herman Snyder, Esquite
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
..
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. SectioI).
4904, relating to unsworn falsifications to authorities.
DATE:
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KATHLEENE. SHIREY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LA W
LANE D. SHIREY,
Defendant
: NO. 06-6477 CIVIL TERM
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Samuel L. Andes, Esquire acknowledge that on or about , 0 No~~
2006, I received a Complaint in Divorce in the above captioned action and acknowledge that I
am authorized to do so on behalf of Defendant, Lane D. Shirey.
Date: 10 HOVOinb 2a:1o
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S ueI L. An ~ :~Utte
Attorney for Defendant
P.O. Box 168
525 North 12th Street
Lemoyne, PA 17043
(717)761-5361
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KATHLEEN E. SHIREY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
Defendant
: NO. 06-6477 CIVIL TERM
: IN DIVORCE
LANE D. SHIREY,
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on
November 7, 2006, and service was made on November 10, 2006 by Acceptance
of Service dated November 10, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 F ALSIFICA TION TO AUTHORITIES.
DATE: 3 /17 /{)7
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KATHLEENE. SHIREY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
Defendant
: NO. 06-6477 CIVIL TERM
: IN DIVORCE
LANE D. SHIREY,
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 3/7 /07
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KATHLEEN E SHIREY,
Plaintiff
vs.
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IN "'THE COURT OF COMMON
PlEAS OF ClMBERLJlND COUNTY,
PEN\lS'tt. VANIA
OVIL ACTION - LAW
NO. 06-6477 OVlL TERM
LANE D. SHIREY, 'J'1t.
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (e) of the Divorce Code was fi led on 7 November 2006 and
served 10 Ncwerrber 2006 on Deferdant.
2. 1he marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from
the date of both tl-e filing and savice of the complaint.
3. I Ga1sent to tl-e entry of a final decree in diverce after seNiee d a Nc:tiee d Intention to ReqJest Entry
of the Decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 eel OF THE DIVORCE CODE
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Dated;
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights ooncemi ng alimony, divisi on of property, Iawyer'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 irrrnediately after it is fi led with the Prothonotary.
I verify that the staterrerrts rrade in this J:lffidavit are true End correct. I Ulderstard that false staterrents
herein are made subject to the perelties of 18 Pa. C.S. Section 4004 relating)f unS\M>m falsification to
authorities. ;J
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~ D. SHIREY, JJ...
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this;2M day of ~ & /Y1 b-rr- , 2006, by and
between KATHLEEN E. SHIREY, of 92 Station Road, Newville, Cumberland County,
Pennsylvania, party ofthe first part, hereinafter referred to as "Wife,"
AND
LANE D. SHIREY, JR of 802 North Fourth Street, Hamburg, Berks County,
Pennsylvania, party of the second part, hereinafter referred to as "Husband,"
WITNESSETH:
WHEREAS, Husband and Wife were married on September 17, 1988, in Cumberland
County, Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
-Page 1 of22-
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other.
Neither party shall molest the other or compel or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes
leading to them living separate and apart.
--Page 2 of 22-
ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or
shall be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement
-Page 3 of22-
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
--Page 4 of22--
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their marriage; the economic circumstances of
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
--Page 5 of22-
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being effected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.J
Personal Prooertv. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction except as set forth herein. Husband
shall remove all contents of his train room from the marital residence no later than December 31,
2006 and shall do so at a mutually agreeable time arranged between the parties. Furthermore,
Husband shall remove his personal property from the pole barn no later than June 1,2007, again,
coming to the house at a mutually agreeable time arranged between the parties.
After Husband removes his personal property from the train room, he shall repair and
paint sections of the wall damaged from the removal of shelves, pictures, and cabinets from said
room. Husband shall also repair and paint sections of the wall in what was his office and the
kitchen. Said repairs shall be completed by Husband or a contractor as determined and selected
by Husband, with the work being completed no later than June 1,2007.
The parties agree to share equally in the cost of a dumpster, which will be used to remove
debris from the martial residence. The dumpster shall be rented no later than December 31,
2006.
The parties further acknowledge that they have the cash, accounts, furniture, appliances,
guns, and other personal property, tangible and intangible, in their possession that they wish to
have and retain from this time forward, except as set forth above. Neither party shall make any
claim whatsoever against the personal property in the other party's Possession or assets in that
-Page 6 of22-
other party's possession, except as set forth above, from the time of execution of this Agreement
forward.
3.4
Life Insurance. Each party hereby waives any claim to or interest in any policy of
insurance on the life of the other or owned by the other party. Each party shall have the right to
borrow against, cash in policies, change beneficiaries, or exercise any other incidents of
ownership of the respective policies free of any right or claim by the other party. Each party
agrees to sign any documents necessary to waive, relinquish or transfer any rights in such
policies to the respective party who presently owns such policies.
3.5
Subseauendv Acauired Prooertv. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to
waive and relinquish any right in such property that may arise as a result of the marriage
relationship.
3.6
Real Estate. The parties are joint owners of real estate located at 92 Station Road,
Newville, Cumberland County, Pennsylvania Said property is owned in joint names as tenants
by entireties. The property is encumbered with a mortgage due and owing to BB&T Mortgage,
P.O. Box 580506, Charlotte, NC 28258-0506.
From the time of execution of this Agreement forward, Wife shall be solely and
exclusively responsible for the timely payment of all sums owed, including monthly installments
of principal and interest to BB&T Mortgage, and for the timely payment of real estate taxes and
homeowners insurance, while mortgage is held jointly, and .shall indemnify Husband and hold
-Page 7 of22-
him harmless from and against any and all demands for payment or collection activity of any
nature whatsoever.
In addition, Wife shall apply to refinance the said mortgage in an amount sufficient to
pay the mortgage in full and thereby remove Husband as an obligor on said mortgage. At the
time of refinancing, Husband shall execute a special warranty fee simple deed conveying his
interest in said property and shall provide the deed to Wife at the time of settlement on Wife's
refinancing. Husband shall make no claim of any nature whatsoever relative to any legal or
equitable interest in the aforesaid real estate from the date of execution and delivery of the deed
forward. Wife shall make a good faith effort to refinance within sixty (60) days of execution of
this Agreement. In the event Wife's request for refinancing is denied, Wife shall file an
application for refinancing on the aforesaid mortgage every year following the date when she
first applies for financing until such time as she is able to refinance. If wife is unable to obtain
refinancing by September 1, 2008, The house must be promptly sold to release husband from the
all mortgage and real estate obligations. Wife is to retain any money remaining from the sale of
the house after the existing mortgage and all costs relating to the sales of the house have been
paid in full.
At the time of final settlement on the refinance of the real estate, the proceeds shall be
distributed with the BB&T Mortgage being paid in full as it is required at a routine settlement,
and all remaining proceeds shall remain as Wife's sole property. Neither party shall make any
claim against the other after the sale and distribution of proceeds in this manner.
This comprehensive Separation and Property Settlement Agreement contemplates that all
equity in the marital residence is allocated to Wife, including any increase in equity until such
time as she is able to refinance.
-Page 8 of22-
Wife shall not sell the marital residence and shall reside in said residence until at least
September 1, 2008, unless health, financial hardship require her to sell sooner than said date.
Husband shall sign over to Wife any real estate taxes or homeowner's insurance that is
refunded in his name or in joint names at the time Wife refinances the marital residence.
3.7
Investments. The joint Vanguard Mutual Fund has been closed and the full value of the
Vanguard Mutual Fund was provided to Wife for use in her college and college related expenses.
Any remaining money after completing college are to be retained by Wife.
3.8
Pension. Retirement. Protit-Sharine. Wife agrees to waive, relinquish or transfer any
and all right, title and interest that she has or may have in any retirement account held by
Husband or Husband may have in his individual name or may have secured through his present
or prior employment.
Husband will be retaining his rollover IRA with Vanguard Funds which has a value of
about $102,000.00. Wife will be retaining her rollover IRA with Vanguard Funds which has a
value of about $5,700.00.
Husband agrees to waive, relinquish or transfer any and all right, title and interest that he
has or may have in any retirement account held by Wife or Wife may have in her individual
name or may have secured through her present or prior employment.
3.9
Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive
ownership and possession of a certain 2002 Jeep Grand Cherokee, which was originally titled in
the parties' names jointly. At the time of the execution of this Agreement, Husband shall
provide Wife $5,000.00 toward paying off the loan through First Commonwealth ~ P.O.
--Page 9 of22--
Box 400, Indiana, PA 15701 for the 2002 Jeep Grand Cherokee. Wife shall pay any amount over
$5,000.00 such that the loan through First Commonwealth Bank is paid off no later than seven
(7) days from the time Husband provides Wife with the $5,000.00. Once the loan is paid and
title received, Husband shall sign off the title to the 2002 Jeep Grand Cherokee within fifteen
(15) days of being requested to do so by Wife or Wife's legal counsel. Wife will continue to pay
monthly loan installments and maintain insurance on vehicle until loan is paid in full. Husband
shall tnake no claim whatsoever relative to access to or use of the aforesaid vehicle and shall
make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of
execution of this Agreement forward.
The parties acknowledge that Husband has and shall retain sole and exclusive ownership
and possession of a certain 2004 Dodge Intrepid which was originally titled in the parties names
jointly. Wife shall execute the title of the vehicle within fifteen (15) days of being requested to
do so by Husband or Husband's legal counsel to Husband's name individually. Husband shall
not request that Wife execute the title to his vehicle before providing her with the $5,000.00 to
payoff her vehicle, as set forth above. Wife shall make no claim whatsoever relative to access to
or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to
the aforesaid vehicle from the date of execution of this Agreement forward.
3.10
IlltIJlI1db1e Persollal ProDl!rtv. The parties have already transferred or waived rights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Each party agrees to sign any documents necessary to close any joint
accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim
of any nature whatsoever against the other party relative to the financial accounts or other
--Page 10 of 22--
investments or intangible personal property that have already been retained by that party as
described herein.
ARTICLE W
DEBTS OF THE PARTIES
4.1
Each party shall be solely and exclusively obligated to pay any debts that exist in their
individual name, except the loan owed on Wife's Jeep, which Wife shall pay in accordance with
Paragraph 3.9 although that debt is in Husband's name. Each party shall indemnify the other and
save them hannless from any and all costs or expenses incurred as a result of their failure to
make the payments required by this Paragraph or Paragraph 3.9.
4.2
Each party represents to the other except as is otherwise set forth in this Agreement, there
have been no major outstanding obligations of the parties; that since the separation neither party
has contracted or any debts for which the other will be responsible and each party indemnifies
and holds hannless the other for all obligations separately incurred or assumed under this
Agreement.
ARTICLE V
ALIMONY. ALIMONY PENDENTE LITE.
SPOUSAL SUPPORT AND MAINTENANCE
Husband shall pay alimony to Wife as follows:
A. From July 1, 2006 to December 31, 2006, Husband shall pay Wife the sum of
$1,400.00 per month as alimony.
-Page II of22-
B. Commencing in the month of January 2007 and continuing through the end of
August 2008, Husband shall pay Wife the sum of $1,500.00 per month as alimony.
C. Commencing in the month of September 2008 and continuing through the end of June
2013, Husband shall pay Wife $700.00 per month as alimony.
D. The amount of alimony paid by Husband to Wife pursuant to this Paragraph shall not
be subject to modification by Wife. It shall, however, be subject to termination in the
event of the death of either party, Wife's remarriage, or Wife's cohabitation.
Cohabitation is as defined and generally accepted by Pennsylvania Divorce Law. In
no event shall Husband be required or resJX>nsible to pay alimony to Wife after the
end of June 2013 or after the death of either party, Wife's remarriage, or Wife's
cohabitation.
E. Alimony payments are to be paid between the 1 st and 20th of each month for that
particular month.
F. Husband shall, at his expense, maintain health and dental insurance as available
through his employment for Wife through the end of August 2008 and pay all
premiums, including any COBRA premiums, even after the final decree of divorce,
through the end of August 2008. Wife shall be resJX>nsible for any and all co-pays,
non-covered services, and prescriptions and Husband shall have no obligation to pay
any of the cost of Wife's medical or dental care beyond the insurance premiums
provided for herein. The parties shall arrange for the bills and all paperwork
associated with COBRA benefits to be mailed directly to Wife who shall then pay the
COBRA premium upon her receipt of such and Husband shall, within twenty (20)
days of Wife's request, reimburse Wife for those COBRA premiums.
--Page 12 of22--
G. The COBRA payments made pursuant to Paragraph F shall be treated by both parties
as alimony for income tax purposes, with Wife including the payments within her
taxable income, and Husband deducting the same from his.
H. Except as expressly provided in the Paragraphs above, each party waives all further
claims agaist the other for spousal support, alimony, or alimony pendent elite.
ARTICLE VI
CHILD SUPPORT
Husband and Wife are the parents of one minor child, namely Caelan Jade Shirey, born
May 30, 1995. Husband shall pay to Wife, no later than the 20th of every month, child support in
the amount of $1,000.00 per month from now through the end of August of 2008. Wife reserves
the right to file an action through the Domestic Relations Office if Husband is any more than
thirty (30) days late with any child support payment.
From the beginning of September 2008 until the child graduates from high school, should
the parties be unable to reach an agreement for the payment of child support and should Husband
be obligated to pay child support for the child to Wife, Husband's support obligation shall be
determined by the appropriate Domestic Relations Office, in accordance with Pennsylvania law
then in effect. Wife may initiate an action for child support through the appropriate Domestic
Relations Office anytime after September 2008. Should wife commence an action for child
support prior to 1 September, 2008, Wife shall not receive more than a total of $2,500.00 as
combined child support and alimony payments through the end of August 2008. Husband shall
not pay less than $2,500.00 as combined child support and alimony payments during the time
period .between 1 January 2007 through the end of August 2008. After 1 September 2008,
--Page 13 of22--
however, this limitation shall no longer apply.
Husband shall provide, at his expense, health and dental insurance for the child as
available through his employment, until her high school graduation in June 2013. If she chooses
to go to college as a full-time student and lives with Wife during her college education, Husband
agrees to continue to provide health and dental insurance, at his expense, as available through his
employment until her graduation from college, but not beyond June 2017. If child does not reside
with Mother while she is a full-time college student, the parties shall share equally the cost of the
child's health and dental insurance, including the cost of premiums, deductibles, prescriptions
and uncovered costs as long as the child is a full-time college student, but under no
circumstances beyond the end of June 2017. If insurance is available through Wife or her
employment, or by other means at a lower cost, Husband may choose to provide insurance
through those means at his sole expense or shared equally as determined above. Further if
Husband is paying solely for insurance, he shall pay for all non-covered services as long as a
provider within the insurance company's network of "in-plan" providers is used in all non-
emergency treatments. Both parties shall be advised of any non-routine or emergency medical
treatments. Wife shall pay co-pays for the child up to $50.00 per month, or the co-pay cost of
two office visits per month, whichever is greater, and the Husband shall pay any costs beyond
that amount. Further, Wife shall pay the cost of prescriptions for the child up to $30.00 per
month and Husband shall pay the cost of prescriptions beyond that amount.
ARTICLE VII
2006 TAXES
The parties agree that they shall file their income taxes for the year 2006 with the status
of married, filing separate. Husband shall claim all of the mortgage. interest accrued while the
-Page 14 of22-
house is in joint names and all joint named real estate taxes and family donations for tax year
2006. Wife shall claim the child as a dependant for tax purposes.
ARTICLE YlIl
MISCELLANEOUS PROYlSIONS
8.1
The parties acknowledge that they have received independent legal advice from counsel
of their own selection, with Hannah Herman-Snyder, Esquire advising Wife and Samuel Andes,
Esquire advising Husband, and that they fully understand the facts and have been fully informed
as to their legal rights and obligations and they acknowledge and accept that this Agreement is,
in the circumstance, fair and equitable and that it is being entered into freely and voluntarily
after having received such advice and with such knowledge that execution of this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements and the parties hereto state that he/she, in the
procurement and execution of this Agreement, has not been subject to any fraud, concealment,
overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part
of the other's counsel.
8.2
Mutlllll ReleflSe. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, 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 situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
--Page 15 of22--
way of dower or curtesy, or claims in the nature of dower or curtesy 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 testamentary,
or all other rights of 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 other country, or any rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any thereof. It is the
intention of Husband and Wife to give to each other by execution of this Agreement a full,
complete, and general release with respect to any and all property of any kind or nature, real or
personal, not mixed, which the other now owns or may hereafter acquire, except and only except,
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof.
8.3
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold
the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
-Page 16 of22-
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
-Page 17 of22-
8.4
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
8.5
Husband and Wife covenant and agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry fully and effectively the
terms of this Agreement.
8.6
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
8.7
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
8.8
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
8.9
Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
--Page 18 of22-
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
8.10
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania
8.11
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party has
an interest, of the sources, and amount of the income of such party of every type whatsoever, and
all other facts relating to the subject matter of this Agreement.
8.12
Enforceabilitv and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained is stipulated, confessed, and
admitted by the parties, and the parties intend to be legally bound hereby. In the event either
party breaches the aforesaid Agreement and it is determined through appropriate legal action that
the alleged party has so breached the Agreement, the breaching party shall be responsible for any
-Page 19 of22-
and all attorney's fees as well as costs and expenses associated with litigation incurred by the
non-breaching party to enforce this Agreement against the breaching party. In the event of
breach, the non-breaching party shall have the right, at his or her election, to sue for damages for
such breach or to seek such other and additional remedies as may be available to him or her
including equitable enforcement of this Agreement.
8.13
Lellm Fees: Husband shall pay the first $1,400.00 of the parties' combined legal fees,
not including, however, the fees incurred by either party for their initial consultation with their
attorneys. Wife shall pay the next $600.00 of the combined legal fees, again not including the
fees of either party for their initial consultation with their counsel. The parties agree that any
costs above and beyond the first $2,000.00 shall be shared equally by the parties. Each party
shall pay their own legal fees as incurred and shall then, within six (6) months of the date ofthe
final decree of divorce, pay the other party their share of the total fees in accordance with this
Paragraph. Both parties shall send copies to the other party of all invoices of legal fees paid to
their attorneys that they wish to include in the legal fee settlement within five (5) months of the
final divorce decree so that proper reimbursement can occur between the parties.
8.14
Divorce: Wife intends to commence an action for divorce against Husband pursuant to
3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the Court of
Common Pleas of Cumberland County. Both parties shall, 90 days after the date of service of
said Complaint, furnish Wife's counsel with signed Affidavits of Consent and Waivers of Notice
of Intention to Request the Entry of a Decree in Divorce. It is understood and agreed that the
Decree in Divorce issuing from this matter shall incorporate this Agreement further:
a) This Agreement represents a complete and final agreement as to their respective
-Page 20 of22-
property rights which arose from the marital relation and therefore mutually waive
any and all rights they may have under ~3502, et. of the Pennsylvania Code, Act.
No 1980-26.
b) This Agreement may be offered in evidence in the action for divorce and may be
incorporated by reference in the decree to be granted therein. Notwithstanding
such incorporation, this Agreement shall not be merged in the decree, but shall
survive the same and shall be binding and conclusive to the rights of all parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
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--Page 21 of22-
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF
On this db day of L::e c
, 2006, before me, the undersigned
officer, personally appeared KATHLEEN E. SmREY, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
-11/111/11 /f-~
COMMONWEALTH OF PENNSYLVANIA
WEA JH FP NN
NOTARIAL SEAL
ANN FREHN, NOTARY PUBLIC
CARLISLE BOROUGH, CUMBERLAND COUNTY
MY COMMISSION EXPIRES FEB. 2. 2008
COUNTY OF
On this eJO day of De c-
, 2006, before me, the undersigned
officer, personally appeared LANE D. SHIREY, JR, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~-1~
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ANN FREHN, NOTARY PUBLIC
CARLISLE BOROUGH, CUMBERLAND COUNTY
MY COMMISSION EXPIRES FEB. 2, 2008
--Page 22 of22-
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KATHLEEN E. SHIREY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
LANE D. SHIREY,
Defendant
: NO. 06-6477 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 ~3301(c)
3301(d)(1) oftAe Di'/oree Code.
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: by Acceptance of Service dated November
10, 2006.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by S3301 (c) of the Divorce
Code: by Plaintiff: March 7, 2007
by Defendant: February 11,2007
(b) (I) Date of execution of the affidavit required by S3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: none
5. 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 of plaintiffs Waiver of Notice in ~3301 (c) Divorce was filed with the
Prothonotary: March 8, 2007
Date defendant's Waiver of Notice in S3301 (c) Divorce was filed with the
Prothonotary: March 8, 2007
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Hannah Herman-Snyder, Esqui'
GRIFFIE & ASSOCIATES
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Kathleen E. Shirey,
Plaintiff
No.
06-6477
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VERSUS
Lane D. Shirey, Jr.,
Defendant
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT
Kathleen E. Shirey
, PLAI NTI FF,
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AND
Lane D. Shirey
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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 parties' Property Settlement Agreement entered into on
December 20, 2006 is incorporated herein, but not merged.
By THE COURT:
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PROTHONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
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FILE NO
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IN DIVORCE ~ _
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NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the above matter, having
been granted a Final Decree in Divorce on the day of ~'f q~ij ~~,
hereby elects to resume the prior surname of NU ~ h ~~~ ,
and gives this written notice pursuant to the provisions of 54 P.S. 70
DATE: ~/~ q/~
Sign r ~~ ~ ~~
Signature of name being res ed
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On the ~ 7 ~ day of ~~I ~g+~ S ~ 20 ~ °~ ,before me, a
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for the
purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
N tary Public
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