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HomeMy WebLinkAbout02-3888Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761-4540 Attorneys for Plaintiff TAMARAA. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~- - ~.~c~:o~ ~ 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 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 pages by the Plaintiff. You may lose money or )roperty or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER §3301(c) OR §3301(d) OF THE DIVORCE CODE AND NOW, this ~*~' day of August 2002, comes the Plaintiff, TAMARA A. SHOEMAKER, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is TAMARA A. SHOEMAKER, an adult individual whose currently address is 127 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 2. The Defendant is JOHN V. SHOEMAKER V, an adult individual who currently resides at 127 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on November 8, 1997, in Mechanicsburg, Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six (6) months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE., the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under §3301 (c) or §3301 (d) of the Divorce Code. 161512 Respectfully submitted, Attorney I.D. No. 7 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, TAMARA A. SHOEMAKER, verify that the statements made in this Complaint for Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Tamara A. Shoemaker Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER V, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVlT I, TAMARA A. SHOEMAKER, being duly sworn according to law, depose and state: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Tamara A. Shoemaker Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER, V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, JOHN V. SHOEMAKER, V, hereby accept service of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Dated: ~-" t~ ,2002 By: John V. Shoemaker, V :161757 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER, V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3888 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 2002. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 16, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate tn counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: Tamara A. Shoemaker, Plaintiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER, V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3888 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 CODF TO: TAMARA A. SHOEMAKER, Plaintiff 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 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: Tamara A. Shoemaker, Plaintiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER, V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 2002. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on ~~_, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate ~n counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. ~ 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 tion to Date: i ' /,~'/ o;2.. (~_~~ ' John V. Shoemaker, V, Defendant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER, V, Defendant IN THE COURT OF COMMON PLEAS; OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE COD[' TO: JOHN V. SHOEMAKER, V, Defendant 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 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 falsificati,~ authorities. Date: John V. Shoemaker, V, Defendant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TAMARA A. SHOEMAKER, Plaintiff V. JOHN V. SHOEMAKER, V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3588 Civil Term 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 §3301(c) of the Divorce Code. Date and manner of service of the Complaint: Certified copy of Divorce Complaint hand- delivered to Defendant and received by Defendant on August 16, 2002. An Acceptance of Service signed by the Defendant was filed in this office on August 23, 2002. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff; November 18, 2002; by the Defendant: November 18, 2002. 4. Related claims pending: None. Both Plaintiff and Defendant are filing Waivers of Notice of Intention to Request Entry of Divorce Decrees dated November 18, 2002, concurrently herewith. Dated: :165534 Respectfully submitted, By:JO H~_NSON,~~~ DU FFIE, STEWART & W R Ma r.k/'C. Duffle /7] / Attorney I.D. No. 75ff06 / Attorneys for Plaintiff PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT ismadethis I~ dayof ~o~.u.~lr' 2002, by and between JOHN V. SHOEMAKER, V, residing at 127 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND," and TAMARA ANN SHOEMAKER, residing at 12d~ N.~econd Street, Oumberland Oounty, Pennsylvania, hereina~er referred to a~ "WIFE." ~% WITNESSETH: --' ~.' ['~ =:~-~ WN~REAS, the pa~ie~ were lawfully married on Novembe~ 8, ~ B~Z, and 8e~r~ed ~ : ::~F~ ~,, ~ , 2002; and ~r'~ ~:~:~ - WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February_ 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern afl past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. 3. Divorce. WIFE filed a Complaint in Divorce against HUSBAND on or about August Jl,~ , 2002, which action is docketed to No. 0~.-'~r~ in the Cumberland County Court of Common Pleas. The parties acknowledge that their marriage is irretrievably broken and that they have been separated since approximately "5',,)~,~ ~1~ ,2002. Simultaneously with the execution of this Agreement, the parties agree to sign and promptly file any and all documents necessary to obtain a Divorce Decree, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under §3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated but not merged into any forthcoming Decree in Divorce, such thai it shall survive as a separate, enforceable contract, which is not subject to modification unless otherwise indicated. 4. Real Property. The parties acknowledge that they were the owners as tenants by the entireties of real property located at 127 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania. This was the marital residence. Upon execution of this Agreement, this property shall become the sole and separate property of HUSBAND, free of any claims that WIFE may have ha~-I in the past or may have in the future. This conveyance will be contingent upon HUSBAND's refinancing both the first and second mortgages with · and , respectively, within two (2) months of the execution of this Agreement. In the interim, HUSBAND will be responsible to pay the first and second mortgages and all other costs and expenses incident to ownership of the marital residence. HUSBAND shall save WIFE harmless from any of the aforesaid obligations. HUSBAND will also provide to WIFE confirmation by copy of the check or other means of payment and the bill for the first and second mortgage at the time of payment. HUSBAND also agrees to cooperate in allowing WIFE to verify that the payments are being made in a timely fashion. Should HUSBAND fail to refinance both the first and second mortgages, title will revert back to the parties as tenants by the entireties and the property will be immediately listed for sale at a price recommended by a reputable realtor selected by the parties. Should the parties be unable to select a realtor or arrive at a sales price, they will defer the same to the Court of Common Pleas of Cumberland County for determination of this issue alone. Upon execution of this Agreement, WIFE and HUSBAND shall execute a deed between WIFE and HUSBAND, as tenants-by-the-entireties to HUSBAND. Said deed will not be delivered, but will be retained by WIFE's counsel, Mark C. Duffle, Esquire, until such time as the conditions set forth herein are satisfied. Should HUSBAND fail to meet the conditions as set forth herein, Mark C. Duffle, Esquire, counsel for WIFE, will destroy said deed and the property will be listed for sale as set forth herein. Should the property be listed for sale as set forth herein, the proceeds from the sale of the residence will be split seventy-five percent (75%) to HUSBAND and twenty-five percent (25%) to WIFE. Both parties agree to execute all documents necessary to give effect to the intentions and obligations of both parties as set forth in this Agreement. 5. Employee. Pension. and Retirement Benefit¢~ Each party shall retain any pension or retirement benefits in their respective names. The other party hereby effectively waives any right, title, or interest he/she may have had to the other party's pension or retirement benefits. Each party agrees to sign any and all documentation necessary to give effect to the provisions of this paragraph. 6. Per onal Pro err . The parties have acquired certain personal property during the course of their marriage and hereby acknowledge and represent that such personal property has been dMded to their mutual satisfaction except as otherwise set forth herein. Those items set forth herein shall be divided accordingly. All other items of personal property that are not set forth herein have already been dMded to the parties mutual satisfaction. Neither party shall make any claim to any such items of marital property or of the separate personal property of either party which are now in possession or under the control of the other due to division under mutual satisfaction as well as division set forth below. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other. Shouk it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph. 7. Automobiles. The parties hereto own several automobiles, each of which is set forth herein and divided as designated: The 2001 Ford Focus in WIFE's and HUSBAND's names shall become the sole and separate property of WIFE, free and clear of any right, title, and/or interest that HUSBAND may have. WIFE shall be responsible for any liens or encumbrances thereon and hold HUSBAND harmless from said obligation. The 2003 Toyota Corolla in HUSBAND's name shall become the sole and separate property of HUSBAND, free and clear of any right, title, and/or interest that WIFE may have. HUSBAND shall be responsible for any liens or encumbrances thereon and hold WIFE harmless from said obligation. Each party agrees to waive any right, title, and/or interest he or she may have in the vehicle of the other as set forth herein, and will promptly sign within ten (10) days of the other party's request any and all documents necessary to effectuate the provisions of this paragraph, including vehicle titles. Any joint encumbrance in existence shall be the sole and separate responsibility of the person to whom the vehicle has been transferred, as set forth herein. 8. Bank A counts. Any and all bank accounts in the parties' joint names which existed at separation have been previously divided to both parties' mutual satisfaction. The parties acknowieelge that they have closed any joint accounts and removed the other party's name from the account so that there are no joint accounts remaining in existence. Furthermore, each party agrees to waive any right, title or interest he or she may have in any individual bank account of the other. 9. Credit Card Debt. During the course of the marriage, the parties have accrued marital and non-marital debt on credit cards which are held in separate names for the most part. Those debts and their approximate balances, and the parties who will be responsible for those debts are as follows: A. Discover Card. The Discover Card (Account No. ) with an approximate balance of $6,000.00 shall become the sole and separate obligation of HUSBAND. The credit card is currently in HUSBAND's name and HUSBAND shall hold WiFE harmless from said obligation immediately upon execution of this agreement. B. Wachovia Visa Card. The Wachovia Visa Card (Account No. ) with an approximate balance of $2,600.00 shall become the sole and separate obligation of HUSBAND. The credit card is currently in HUSBAND's name and HUSBAND shall hold WIFE harmless from said obligation immediately upon execution of this agreement. C. MasterCard. The MasterCard (Account No. ) with an approximate balance of $1,400.00, and which has been closed, shall become the sole and separate property of WIFE. WIFE shall hold HUSBAND harmless from said obligation immediately upon execution of this agreement. D. Express Credit Card. The Express Credit Card (Account No. ) with an approximate balance of $150.00, and which has been closed, shall become the sole and separate property of WIFE. WIFE shall hold HUSBAND harmless from said obligation immediately upon execution of this agreement. E. Newport News Credit Card. The Newport News Credit Card (Account No. ) with an approximate balance of $170.00, and which has been closed, shall become the sole and separate property of WIFE. WIFE shall hold HUSBAND harmless from said obligation immediately upon execution of this agreement. F. Victoria's Secret Credit Card. The Victoria's Secret Credit Card (Account No. ) with an approximate balance of $200.00 shall become the sole and separate property of WIFE. WIFE shall hold HUSBAND harmless from said obligation immediately upon execution of this agreement. G. Sears Credit Card. The Sears Card (Account No. ) with an approximate balance of $0.00, is to be closed. The credit card is currently in HUSBAND's and WIFE's names jointly. Should either party have made any charges on this account within the last sixty (60) days or from this date forward, said party shall be responsible for that obligation and hold the other party harmless. Within fifteen (15) days of the date of this Agreement, the parties agree that this account shall be closed. Any other credit card debt in existence shall be the sole and separate responsibility of the cardhoider, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same. By executing this agreement, the parties hereto are confirming both that the credit card balances set forth above are accurate and that neither party has incurred any additional debt on a credit card to become the responsibility of the other party. 10. Member's First Federal Credit Union - Unsecured Debt Consolidation Loarl,. The Member's First Federal Credit Union unsecured debt consolidation loan in HUSBAND's name, with a current balance of approximately $8,000.00, shall become the sole and separate obligation of HUSBAND. HUSBAND shall hold WIFE harmless from said obligation. 11. Miscellaneous Debt. Any debt not specifically listed in this Agreement shall be the .sole and separate responsibility of the party who incurred it. 12. Alimony Pendente Lite (APL)/S_Dousal Support/Alimony. The parties agree tha HUSBAND shall pay to WIFE $238.33 per month in alimony pendente lite and alimony, payable in bi-weekly payments of $110.00. Said payments shall commence on ,~A-t' ,,q, , 2002, and end thirty-six (36) months from that date. In total, HUSBAND shall pay to WIFE seventy-eight (78) bi-weekly installments of $110.00. These payments shall not be wage attached unless HUSBAND fails to make timely payments, at which time HUSBAND consents to WIFE's request of the Cumberland County Domestic Relations Office to wage attach these payments. 13. Health Insura ce. Each party shall provide their own health insurance.. 14. Taxes. Each party shall file individually beginning with the 2002 tax year. There are no outstanding income tax refunds to be issued or income taxes to be paid by either party as of the date of this agreement. Neither party has received any notice with regard to unpaid income taxes. 15. Outstanding Utility Bills on Marital Home Within thirty (30) days of the date of execution of this Agreement, HUSBAND agrees to remove WIFE's name from all utility accounts incident to ownership of the marital home located at 127 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania. The sewer and refuse bills which will remain in both names shall continue as such until HUSBAND refinances the house and has settlement on the same, or there is a sale of the marital home as set forth herein. 'tn the interim, HUSBAND agrees to bring all utility payments current and provide WIFE with certification that said payments have been made and said accounts are current. This includes, bu'[ is not limited to, the sewer/refuse account, gas, oil, telephone, electric, water, and cable accounts. Furthermore, HUSBAND agrees to provide WIFE with certification that all real estate taxes are paid on the marital residence located at 127 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania. Should any real estate taxes be unpaid, those taxes shall be pro-rated from the date of separation as set forth herein. Any taxes due and owing in this pro-rata fashion prior to separation shall be shared equally by the parties and paid within thirty (30) days of the execution of this Agreement. 16. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 17. Release of All Claim-~, Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 18. Holding Other Party Free and Harmles*. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which s]~e is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such ,claim or action whether or not founded, and she shall hold him free and harmless therefrom. 19. Additional Instrument~. The parties shall, on demand, execute and deliver to the other any document, and do or cause to be done,, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 20. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure, with the exception of disclosures that may have been fraudulently withheld. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 21. Representation of the Parties. WIFE is represented by Johnson, Duffle, Stewart & W/eidner in connection with the negotiation and preparation of this Agreement. HUSBAND is unrepresented in connection with the same. HUSBAND has been advised of his right to counsel. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Eaclh party acknowledges and accepts that this Agreement, in the circumstances, is 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 iIlegat Agreement and/or Agreements. 22. Waiver of Rights to Other Party's Estate, Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 23. Containment of Entire A_~reement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 24. Partial Invalidity. If any portion of this Agreement is held by a Court of cornpetent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 25. Effect of Separation, Reconciliation, Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated, but not merged, into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania DivorcE; Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 26. ~. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a wdting between both parties evidencing their intent to modify the Agreement. 27. No Waiver of Default, This Agreement shall remain in full force and effect unless and unti terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 28. Attorneys Fees and Expensem Each party shall be responsible for their own attorneys fees and expenses. 29. Mutual CooDeration/Breach of A_areeme~;. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desiral:~le to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, or breaches the terms of this Agreement in any way, the breaching party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of attempting to enforce this Agreement. 30. ~. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for sul party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be flied against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy. Furthermore, in the event a discharge is forthcoming, the discharge of the debtor party's obligations under this Agreement shall not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 31. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 32. Date of Agreement. The effective date of this Agreement shall be the date on which the Fast party executes the Agreement if the padies do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both padies execute the Agreement if they execute on the same d;3te. 33. .Successors and Assigns. This Agreement, except as otherwise expressly provided herein shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: John V. Shoemaker, V -- Tamara A. Shoemaker :161766 IN THE COURT Of COMMON PLEAS OFCUMBERLANDCOUNTY STate Of PeNNa. VERSUS N O. 02-3800 civ,! 2., DECREE IN DIVORCE DECREED THAT AND T~m~ra A. Shoemaker John V. Sho~m~ker, V ARE DIVORCED FROM THE BONDS OF MATRIMONY. , It IS ORDERED AND __, PLAINTIFF, , DEFENDANT, 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;~O~ ~e attached Property Settle~_nt Agrccment dated August 16, 2002, shall be incorporated, but not m~rged, into this ~ce. BY THe~  /~:~ST:j. ' - ~- ~RO;HO~O~RY