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HomeMy WebLinkAbout02-2702ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - ~27t9,.~ Civil Term CIVIL ACTION - LAW 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 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - ~ 7o;.. ~ ~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Eric George Shaver, an adult individual, whose address is 2001 Redbank Road, Lot 2, Dover, Pennsylvania 17315, and whose social security number is 190-50-4020. The Defendant, Jill Suzanne Shaver, is an adult individual, whose current address is 154 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania 17013, and whose social security number is 209-62-6495. 3. Plaintiff and Defendant were married on June 9, 1990 in Harrisburg, Dauphin County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two minor children bom of the marriage; namely, Zachary Carl Shaver, age 13 years and Tyler Ryan Shaver, age 11 years. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the mmdage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Date: June 3, 2002 Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 02702 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ERIC GEORGE SHAVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2002-02702 JILL SUZANNE SHAVER, Defendant CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE The Plaintiff is Eric George Shaver, an adult individual, whose address is 154 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania 17013, and whose social security number is 190-50-4020. 2. The Defendant, Jill Suzanne Shaver, is an adult individual, whose current address is 2001 Redbank Road, Lot 132, Dover, York County, Pennsylvania 17315, and whose social security number is 209-62-6495. 3. Plaintiff and Defendant were married on June 9, 1990 in Harrisburg, Dauphin County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two minor children bom of the marriage; namely, Zachary Carl Shaver, age 13 years and Tyler Ryan Shaver, age 11 years. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Date: June 7, 2002 Respe~/y ubmitted, 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 VERIFICATION I verify that the statements made in this Amended Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Eric George Shaver c~' -- ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-02702 CIVIL ACTION - LAW IN DIVORCE STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this ~/~ day of June, 2002, comes Eric George Shaver and Jill Suzanne Shaver, and intending to be legally bound do hereby stipulate and agree as follows: 1. Eric George Shaver and Jill Suzanne Shaver are the names parties in the above captioned divorce action. At the time of filing of the Complaint in Divorce, the addresses of Eric George Shaver and Jill Suzanne Shaver were inadvertently transposed, reflecting Eric George Shaver's address as Jill Suzanne Shaver's address and vice versa. 3. Jill Suzanne Shaver specifically requests that an Amended Complaint in Divorce be filed to reflect her correct address of: 2001 Redbank Road, Lot 132, Dover, York County, Pennsylvania 17315. o Eric George Shaver hereby agrees and stipulates to the filing of the Amended Complaint in Divorce to reflect the correct addresses of the parties. IN WITNESS WHEREOF, the parties hereto have signed their hands seals~the day and year first above written..~rj2t,.~ . t,~ . ,~ ~Jili ~uzanne Shaver Witness (SEAL) ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, IN THE COURT OF COM CUMBERLAND COUNT' No. 2002 -02702 Civil Tel CIVIL ACTION - LAW Defendant MON PLEAS PENNSYLVANIA al ACCEPTANCE OF SERV] I, Jill Suzanne Shaver, Defendant above named, hereb Amended Complaint in Divorce Under Section 3301(c) of acknowledge that I have received a certified copy of st day of 6//~ ,2002. ?' accept service of the ~e Divorce Code and ,id document on the 2~11 Suza-l~e ~+ver, Defendant ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, IN THE COURT OF COM CUMBERLAND COUNT No. 2002 -02702 Civil Te~ CIVIL ACTION - LAW Defendant MON PLEAS PENNSYLVANIA m ACCEPTANCE OF SERV] I, Jill Suzanne Shaver, Defendant above named, hereb Complaint in Divorce Under Section 3301(c) of the acknowledge that I have received a certified copy of sa day of ~ ,2002. BY: J~ Suz~nne Sm Date: CE accept service of the Divorce Code and id document on the ver, Defendant ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 02702 Civil Term CIVIL ACTION - LAW IN DIVORCE o AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2002. 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date:~~:~_ ~~. ~ Eric George Shaver, Plaintiff ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 02702 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF TItE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are tree 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: ~.~_~/~fi~_ ~ ~_~~~~~. - ' orge Sha~er, P"lS't~iff ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 02702 Civil Term CIVIL ACTION - LAW IN DIVORCE o AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 4, 2002. 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Date: '"~ ']~11 ~uz~nr~ Shaver, Defendant ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 02702 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree in Divorce without notice. 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. o I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date:~~ Suzann4~Shaver, Defendant ERIC GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 02702 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT ,~ AND NOW, this ~ ~a~ ~f~. , 2002, it is hereby ORDERED that the Property Settlement Agreement dated August 23, 2002, attached hereto is incorporated herein and made apart of this Order of Court. BY THE COURT: Jo PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this ~7 ,-'/day of 2002, by and between: JILL SUZANNE SHAVER, hereinafter referred to as Wife; ERIC GEORGE SHAVER, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 9, 1990, in Harrisburg, Pennsylvania; and WHEREAS, there are two minor children bom of the marriage; namely, Zachary Carl Shaver, age 13 years and Tyler Ryan Shaver, age 11 years. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever 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 or by way of dower or curtesy, of 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 or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the 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 all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of husband and wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEI~ Husband and wife acknowledge and understand the terms and conditions of this Agreement, and husband and wife are both represented by Arthur K. Dils, Esquire who reviewed the applicable provisions of the Divorce Code with both parties. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under 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 collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since June 2001, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since June 2001, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE The parties do not own any real estate. 9. PERSONAL PROPERTY The parties are the joint owners of a 1981 Virginia Mobile Home, 14 feet x 70 feet, currently titled in joint names. Husband and wife hereby acknowledge that said mobile home is currently being purchased pursuant to an Agreement of Sale. Husband and wife hereby acknowledge that husband shall continue to collect the monthly payment and will pay the debt due and owing on said mobile home until said Agreement of Sale is paid in full. Upon said Agreement of Sale being paid in full, both husband and wife hereby acknowledge that they will execute the title to said mobile home, placing the same into the name of the purchasers pursuant to the Agreement of Sale currently under contract. Husband and wife hereby agree that should husband become disabled or die prior to the Agreement of Sale being paid in full, wife will, at that point, collect the monthly payment and pay the debt owed on said mobile home until said Agreement of Sale is paid in full. Husband and wife are the joint owners of vehicles; wife is the possessor of a 1999 Chevrolet Lumina and husband possesses a 2001 Chevrolet S-10 truck. Husband and wife hereby acknowledge that said vehicles are encumbered with Continental Auto Receivables, located at 5747 Perimeter Drive, Suite 140, Dublin, Ohio 43117. Husband and wife hereby acknowledge that they assume full responsibility and indemnify the other for the payment of their vehicle loan. Husband and wife hereby acknowledge that upon payment in full of said vehicles, each will execute the necessary documents placing the title into the name of the respective owner. Husband and wife hereby acknowledge that wife shall become the owner of the 1999 Chevrolet Lumina and husband shall become the owner of the 2001 Chevrolet S-10 truck. Until such time as the vehicles are transferred into the names of each individual, husband and wife hereby acknowledge that they shall cooperate with the other and execute all necessary documents, including registration cards for said vehicles during the term of said loan. Husband hereby acknowledges that he shall continue to pay wife's car insurance premiums until finalization of this divorce matter. 10.PENSION AND RETIREMENT Husband and wife hereby acknowledge and waive all their right, title, and interest to all of the other's employed related benefits, including but not limited to, pension, retirement plans, profit sharing plans, 401(k), and any and all other benefits. 11.WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 12.MUTUAL RELEASE OF CLAIMS Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, costs or expenses, whether arising as a result of the marital relation or otherwise. It is the intention of the husband and wife to give to each other by the execution of this Agreement, a full, complete, and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 13.WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 10 14. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15.AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 16.BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 17.LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 11 18.HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs 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. 19.DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Witness (/~/~_~., ~ I ~m/~.~ t ~, ~..._.(SEAL) ILL--~"U~NNE sHA~;ER ~ERIC GEOR6~:~HA~E~[~ - ' ' 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the ~?j~ day of ~:z~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared JILL SUZANNE SHAVER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the .~dZ~day of ~~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared ERIC GEORGE SHAVER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Nota~ Public 13 . ~.,~ coup' C~B~~ CIVIL ACTION · to the Court . OT;40kqO~r Alkx/: x~ith the follOX~ing [uformaUOn, TO TeE P~ ,he ¢ecord, together Trans~;t m · rce decree: _ _ brokenunder S,cixOn(X) 330X(c3 or ~ ~ ~nt~ Of a aivo _~. i~e~ievabt~ _ . ~nnlicable scc{~On) to~ ~" '-;. Oroun6 for ~i~:~; DiVorce Code. (C~e~in~~ D~orce, B~ ~ccepta~C' t ~ 3301 (6) ot .;~e of ~e Comp 2 Date and maim _ ~ o[ Se~ice on lune 4, 2ou;. --nh (a) or (b) 3 --t require6 b~ Sec~ lete either parag~ay _, Affida~¢ of ConSe~ .... .,st 23, 2002 3. [ComP_ ~ o~ execution u. (a) ~)~,5 f the DiVorce Code . -st 23, 2002. _ ....a~red b~ SecdO~ Defendant, Augu of pl~x~fxffs affX~mt t~ semite of pla: b Date of execution . ( ) (d) of the DiVorce Code: afftda~it upon Defendant: 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith; by Defendant: Simultaneously herewith. 6. Related Claims Pending: None Respectfully submitted, '~rthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of .,~.. PENNA. ERIC GEORGE SHAVER~ Plaintiff VERSUS JILL SUZANNE SHAVERt Defendant NO. 2002-02702 civil Term Decree IN DIVORCE ~(~.; AND NOW,~ ,.~0 ,~1~ IS ordered DECREED THAT ERIC GEORGE SHAVER , PLaintiff, AND JILL SUZANNE SHAVER , 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; None. BY THE COUrt: PROTHONOTARY ER/C GEORGE SHAVER, Plaintiff VS. JILL SUZANNE SHAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02702 Civil Term CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Jill Suzanne Shaver, being duly sworn according to law, deposes and says that she is the Defendant in the above suit in which a final decree from the bonds of matrimony was entered and she elects to resume her prior name of Lutz, and therefore, gives this written notice avowing said intention, in accordance with the provisions of the Act of May 25, 1939, P.L. 192, as amended July 13, 1953 (23 P.S. 98). Sworn and subscribed to before me this.,~?---'oX'~day of~tS~e--/3-/~_., 2002. Notary Public My Commission Expires: Jill Suzanne Shaver '11 Stqzanne Lutz