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HomeMy WebLinkAbout02-5429IAN MICHAEL HAYES, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. ©a?l ?CIVIL TERM AMY ELIZABETH HAYES, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 IAN MICHAEL HAYES, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. W-34dyCIVIL TERM AMY ELIZABETH HAYES, : CIVIL ACTIO14 - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE ]DIVORCE CODE AND NOW, comes the Plaintiff, IAN MICHAEL HAYES, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is IAN MICHAEL HAYES, an adult individual, who resides at 1105 Columbus Avenue #5, Lemoyne, Cumberland County, Pennsylvania, 17043. The Plaintiff has resided in Cumberland County for over one (1) year. 2. Defendant is AMY ELIZABETH HAYES, an adult individual, who currently resides at 1105 Columbus Avenue #5, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on August 30, 1996. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was a member of the United States Navy for six and one-half (6 1/2) years during the parties' marriage. Defendant has been a member of the United States Navy since the parties' marriage and continues to be a member. No benefits as a result of either party's military service are applicable to this marriage. 9. Plaintiff and Defendant have two (2) children from their marriage, CONNOR NATHANIEL HAYES, born June 7, 1997, and MOIRA EILEEN HAYES, born September 4, 1999. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting; to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, IAN MICHAEL HAYES, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following minor children who reside with the Plaintiff: NAME AGE SEA{ DATE OF BIRTH CONNOR NATHANIEL HAYES 5 years Male June 7, 1997 MOIRA EILEEN HAYES 3 years Female September 4, 1999 14. During the past two (2) years the children have presided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM /TO Plaintiff and Defendant 1105 Columbus Avenue #5 Lemoyne, PA February 2001 to Present 15. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 16. There are no other proceedings pending involving custody of the children in this or any other state. 17. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 18. The best interests of the children will be served if both Plaintiff and Defendant have Shared Legal Custody, with Plaintiff having Primary Physical Custody and Defendant having Partial Physical Custody of their children. WHEREFORE, Plaintiff, IAN MICHAEL HAYES, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming Shared Legal Custody with Plaintiff, IAN MICHAEL HAYES, and Defendant, AMY ELIZABETH HAYES, Primary Physical Custody with Plaintiff, IAN MICHAEL HAYES, and Partial Physical Custody with Defendant, AMY ELIZABETH HAYES, of the parties' two (2) minor children, CONNOR NATHANIEL HAYES and MOIRA EILEEN HAYES. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: November, 2002 (:'?Usan Kay Candiell sq ri Counsel for Plaintwf _. PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relatinito 4nswom f4lsification to authorities. DATED: I O Z IAN ,? ?` ?_J ??> ? ?U ?, ?. .?( ? ?? z -, r> W L.7? `- ' -.. - ?1 , r > > 1 _ ?-, J - i Cry ? ? c?_? ?, ? }? ? _ I ? C ? _J ? ?i IAN MICHAEL HAYES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5429 CIVIL ACTION LAW AMY ELIZABETH HAYES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW Thursday, November 14, 2002 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. the conciliator, 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 10, 2002 at 10:00 AM at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /sl Dawn S undaE L Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 114 ?r?:_. DEC 0 6 2002 (I IAN MICHAEL HAYES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. AMY ELIZABETH HAYES, Defendant NO. 02-5429 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 4th day of December, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for December 10, 2002 is canceled. FOR THE COURT, Dawn S. Sunday, Esquir Custody Conciliator vjNVAlV\SNN3d KI.Nno' (1'. r"Arto 6. J- '18 7'0 IAN MICHAEL HAYES, PLAINTIFF VS. AMY ELIZABETH HAYES, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 02-5429 CIVIL TERM CIVIL ACTION -LAW ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is IAN MICHAEL HAYES, who currently resides at 1105 Columbus Avenue #5, Lemoyne, Cumberland County, Pennsylvania, 17043. The Defendant (hereinafter sometimes referred to as "Mother") is AMY ELIZABETH HAYES, who currently resides at 440 Roberts Avenue, NT7C-PMB-1534, Pensacola, Florida, 32511-5151. CONNOR NATHANIEL HAYES (hereinafter sometimes referred to as "Connor"), born on June 7, 1997, and MOIRA EILEEN HAYES (hereinafter sometimes referred to as "Moira"), born on September 4, 1999, are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, IAN MICHAEL HAYES, and Defendant, AMY ELIZABETH HAYES, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, CONNOR NATHANIEL HAYES and MOIRA EILEEN HAYES. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 2 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their children attend as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Plaintiff shall have Primary Physical Custody and Defendant shall have Partial Physical Custody of their minor children, Connor Nathaniel Hayes and Moira Eileen Hayes, according to the following schedule: A. Mother is in the United States Military Service in the Navy. Mother will be relocating with the Navy as ordered to do so. When Mother does have the opportunity to exercise leave from the Navy to visit with the children, Father shall 3 cooperate in all ways appropriate and necessary for Mother to enjoy partial visitation with the children during her entire leave from the Navy. Mother may come to the residence and/or physical location of the children, if this is a reasonable place for visitation under the circumstances at that time. Mother may also request to have the children come to the location where she is presently residing for visitation. Mother agrees not to request time with the children which would interfere with any school activities, unless the school agrees the children may be absent from school for the time of Mother's requested visit without suffering any detrimental effects to the children's education. Mother and Father agree to be responsible for all costs of travel for the children in proportional amount to their financial ability. B. Mother and Father agree to share the holidays with Mother as she is able to obtain leave from the Navy for the following holidays: 1) New Year's Eve and Day (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (this day may be extended later in the evening to attend fireworks); 5) Labor Day; 6) Thanksgiving Day; 7) Christmas. 4 C. Father shall have his children on Father's Day and if Mother is able she shall have her children on Mother's Day; D. During all holidays, Mother's visitation shall extend from the beginning of the time Mother is able to secure leave from the Navy through the time her leave from the Navy has expired; E. Mother shall have the option of requesting one to two (1-2) consecutive weeks of vacation during the year with her children as Mother is able to secure leave from the Navy; F. Father and Mother are encouraged to discuss and cooperate with each other when sharing and making requests for periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties. 11. Father agrees to fully cooperate with Mother in any form of communication with the children Mother is able to utilize. Mother agrees to communicate with the children at reasonable times in accordance with their schedules and Father agrees he will not interfere with and provide privacy for the children in their communication with their Mother. 12. Mother and Father agree to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved during their periods of custody. 13. Mother and Father agree to provide each other with current information regarding their children. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency their children interact with. 5 14. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. 15. Mother shall continue to provide medical, dental, vision, orthodontia, and prescription coverage for the children. 16. Mother agrees to pay One Thousand Dollars and No Cents ($1,000.00) per month to Father for child support. Mother shall place these monies each month into the parties' joint bank account with PSECU, which the parties are keeping for this purpose. 17. Mother and Father agree Mother shall have the income tax exemption for Moira Eileen Hayes and Father shall have the income tax exemption for Connor Nathaniel Hayes. For the purpose of implementing this paragraph, Father agrees he will sign and deliver to Mother the IRS Form No. 8332, for Moira, on or before January 31 in the year following the year for which the tax deduction is requested. 18. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing AA,- 6 and signed by both parents. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the o?3 day of4 , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared IAN MICHAEL HAYES known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notary Public apOS My Commission Expires: y =b?eFRI- al Seal ord, Notary Public , Cumberland County xpi res Apr. 4, 2005 SS: On this, the a3A day of , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared AMY ELIZABETH HAYES known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public 1,) My Commission Expires: q ) -)b 0 Notarial Seal Kimberly R. Hanford, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Apr. 4, 2005 7 IN O JA /03 2003 IAN MICHAEL HAYES, PLAINTIFF VS. AMY ELIZABETH HAYES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5429 CIVIL TERM CIVIL ACTION -LAW ACTION FOR CUSTODY ORDER OF COURT ?ay AND NOW, this (' of , 2003, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, IAN MICHAEL HAYES, and Defendant, AMY ELIZABETH HAYES, shall SHARE LEGAL CUSTODY and Plaintiff, IAN MICHAEL HAYES, shall have PRIMARY PHYSICAL CUSTODY and Defendant, AMY ELIZABETH HAYES, shall have PARTIAL PHYSICAL CUSTODY of the minor children, CONNOR NATHANIEL HAYES and MOIRA EILEEN HAYES, in accordance with the language contained in the within Stipulation. BY J. rtR 0 f-0r) -03 VI%W1AQ, Wd IAN MICHAEL HAYES, PLAINTIFF VS. AMY ELIZABETH HAYES, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 02-5429 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Be it known, that on the ?')day of, 2003, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Ian Michael Hayes, Plaintiff in the above-captioned matter. 3. On December 4, 2002, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9383, and addressed to the Defendant, Amy Elizabeth Hayes, at 440 Roberts Avenue, NTTC-PMB-1534, Pensacola FL 32511-5151. 4. The return receipt card signed by the Defendant, Amy Hayes, showing a date of service of December 19, 2002, is attached hereto as Exhibit "A,". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. (:: ? ? Q) s? r SUSAN KA Counsel for/ SWORN TO AND SUBSCRIBED before me, a Notary Public, this ?4h day of 2003. 1 P-- Notary Public My Commission Expires: Grpj q)C) 6'5 Notarial Seal Kimberly R. Hanford, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Apr. 4, 2005 ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: cm3 ? ??e S Lt o R-obeOs flvenv.?e NTTc_ -PMel'-is34 Pews coU FL 3 as i t -?ls 1 RESTRICTED DELIVERY C. ? Agent ? Addressee D. Is 414y ®ddrfiss different from item 1 ? '? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 14 Yes 2. Article Number (rransfer from service label) ?001 2 510 0003 4439 9383 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 Exhibit "A" c. ry MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this A 3 day of 002 by and between IAN MICHAEL HAYES and AMY ELIZABETH HAYES. RECITALS Wife's Birthday and Social Security Number: August 8, 1976 440-74-4192 Husband's Birthday and Social Security Number: June 18, 1973 169-68-8048 Date of Marriage: August 30, 1996 Place of Marriage: Huachuca City, Arizona Last Marital Residence: 1105 Columbus Avenue #5, Lemoyne, Pennsylvania 17043 Date of Separation: November 21, 2002 Children: Two (2) Children: Connor Nathaniel Hayes, born on June 7, 1997 and Moira Eileen Hayes, born on September 4, 1999. Pending Court Proceedings: None Divorce Court of Common Pleas of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: I I No. 02-5429 Civil Term PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live sepaprate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, hara$s, disturb or malign each other or the respective families of each other nor compel or attempt td compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the' marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widlow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of his release nor the subsequent entry of a divorce decree are intended to defeat the right of either arty to receive any insurance proceeds at the death of the other of which she or he is the named b neficiary (whether the beneficiary designation was made prior or subsequent to execution hereo , nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the ther's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution f this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware Of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment ch decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 31015(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shah sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be 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 Agreem?nt shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been lly explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband. Wife has been apprised of her need for counsel and has waived her right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independe t legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Dilvorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to b1 fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid oless in writing and signed by both parties and no waiver or any breach hereof or default hereund?r shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstaniding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the' Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be bindin and shall inure to the benefit of the parties hereto and their respective heirs, executors, adtsuccessors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties a d supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (an within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until 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 in no way of ct the right of such party hereafter to enforce the same, nor shall the waiver of any breach of an provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of s?rict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any to , condition, clause or provision of this Agreement shall be determined or declared to be void r invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfactio of any conditions precedent, shall in no way avoid or alter the remaining obligations of the partiJes. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, PA 1'050 or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be se t by certified mail, return receipt requested, to Wife at CTR3 Amy Hayes, 440 Roberts Avenue, TTC-PMB-1534, Pensacola Florida 32511-5151or such other address as Wife from time to ti a may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subp ragraphs hereof are inserted solely for convenience of reference and shall not constitute a part o this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to b performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spo se hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debt is exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any oth r provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other ,or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including th se for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to en orcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedu?e 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agree ent and the other party retains counsel to assist in enforcing the terms thereof, the parties hreby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previi tangible personal property including, but without limitation, jewelry, furnishings, rugs, carpets, household equipment and appliances, pictures, boo other personal property; and hereafter Wife agrees that all of the property i Husband shall be the sole and separate property of Husband; and Husband a property in the possession of Wife shall be the sole and separate property of do hereby specifically waive, release, renounce and forever abandon any & may have with respect to the above items, which shall hereafter be the property of the other. usly divided their clothes, furniture, s, works of art and the possession of rees that all of the Wife. The parties ?ole ms, which either and exclusive 7 2. MOTOR VEHICLES A. Wife shall keep her 2002 Saturn Vue, titled in joint names. There is a loan for Wife's vehicle in joint names. The vehicle insurance for this vehicle is held jointly through State Farm Insurance Company. Wife agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Wife. B. Husband shall keep his 2002 Saturn Vue, titled in joint names: There is a loan for Husband's vehicle in joint names. The vehicle insurance for this vehicle is held jointly through State Farm Insurance Company. Husband agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. C. Husband and Wife agree to maintain the joint loans for their v hicles and the joint vehicle insurance policy until they are financially able to obtain individu 1 financing for the vehicles. Until that time, Husband shall be responsible for the monthly loan payment for Wife's vehicle and the vehicle insurance payment for Wife's vehicle. D. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales andJse Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution d; ite. E. In the event that any documents of title to the said vehicles shall a in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' docu ents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties had joint checking and savings accounts with PSECU. The parties hereby agree all of the funds contained in their joint checking and savings account have been used to pay off all marital debt. These accounts have been closed with the exception of Husband's one (1) joint account which the parties have agreed to keep open to share monies for child support and payment of marital debt. Wife has opened and Husband will open a separate and individual ch account, once the parties have refinanced their vehicles into their individua vehicles have been refinanced, Wife will file for a child support allotment upon amount of child support deducted from her pay check and deposit account. ;cking and savings names. Once the :o have the agreed ,d into Husband's 8 The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. RETIREMENT INTEREST Husband has a 401k with Metropolitan Life. Husband shall name the children as beneficiaries of the 401k with Wife as the trustee for the children. Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's 4011 with Metropolitan Life. Wife has an annuity with Metropolitan Life. Wife shall name the children as the beneficiaries with Husband as the trustee for the children. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's annuity with Metropolitan Life. 5. CHILDREN'S ACCOUNTS The children each have 529 Plans for their education. Husband and Wife agree to continue these plans with each of them contributing Fifty Dollars and No ents ($50.00) each month to each child's 529 Plan. Husband shall remain trustee of these accou is for the children. 6. JOINT DEBTS AND LIABILITIES The parties have a joint VISA with approximately Four Thousand Dollars and No Cents ($4,000.00) in joint debt. Husband agrees to be responsible for this debt with some contributions from Wife for this debt. Husband and Wife agree to equally (50150) divide their 2002 income tax return. They further agree each party will apply twenty-five percent (25%) of each of their portions of their income tax return to the balance on their VISA. Husband nd Wife agree they will each continue to make the minimum monthly payment on their VISA (r an amount which they are financially able to pay on the VISA each month) until their VISA h s been paid in full. The parties agree once their VISA has been paid in full they will close the account. i Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. LIFE INSURANCE Husband has a life insurance policy with the United States Navy in the amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). Husband also has a life insurance policy with State Farm in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). 9 Wife has a life insurance policy with the United States Navy in the amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). Wife also, has a life insurance policy with State Farm in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). Husband and Wife agree to continue to maintain these life insurance policies or other life insurance policies with the same death benefit for the benefit of their children. Husband and Wife agree they will make their children the beneficiaries of their life insurance policies with each other as the trustee of the life insurance policy for the benefit of their children. 8. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a sepa ate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although suc assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have riot been disclosed. C. Definition: The term "separate asset" is defined for purposes o this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include a business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of a y claim or right of the other, all items of property, be they real, personal or mixed, tangible or in angible, which are acquired by him or her after execution of this Agreement, with full powe in him or her to dispose of the same as fully and effectively, in all respects and for all purpos?s, as though he or she were unmarried. 10 10. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they ha) I e each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase o decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights an claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves ithout seeking any support from the other party. Wife agrees to transfer the full amount of her income from the Na, Husband's checking account with PSECU. Husband shall transfer into Wii diem" pay each month for her own personal use, through May, 2003, when end. Beginning June, 2003, Wife shall keep her entire pay check, less the ml Husband for child support. From Wife's monies, from the date of th Agreement through May 31, 2003, Husband shall receive child support and r. children's expenses, the payment for Wife's vehicle and vehicle insurance, the parties VISA debt. 11. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while marries entitled to a refund and/or incur any liability as a result of joint income tax the parties' marriage, the refund and/or the liability shall be equally divided cost of preparing and handling any prior income tax return from the parties' be shared equally between them. Husband and Wife agree to promptly mat other all records and information necessary or helpful for the preparation of claim for refunds, and defense of any tax audit. 12. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual expenses incurred in connection with the parties' marital dissolution, and neit further contribution thereto from the other party except as otherwise expressly i, each month, into 's account her "per life's per diem will lies agreed upon to execution of this )vies for additional ind monies toward If the parties are turns filed during 1ween them. The arried years shall available to each tax returns, any counsel fees and her shall seek any )rovided herein. 11 Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing] below. IN WITNESS WHEREOF, intending to be legally bound hereb, the parties hereto have set their hands and seals the day and year first written above. IAN MICHAEL HUSBAND COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, theo)3" day of C2A , 2002, before for the Commonwealth of Pennsylvania, the undersigned officer, personally ELIZABETH HAYES known to me (or satisfactorily proven) to be the pers subscribed to the within Marital Property Settlement Agreement, and acknoA executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: e, a Notary Public )eared AMY whose name is Iged that she J 4) (?OV`- Seal rd, Notary Public Cumberland County oires Apr. 4, 2005 12 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the day of ?Q?( , 2002, before for the Commonwealth of Pennsylvania, the undersigned officer, personally MICHAEL HAYES known to me (or satisfactorily proven) to be the persor subscribed to the within Marital Property Settlement Agreement, and acknov executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Exl me, a Notary Public rppeared IAN whose name is ,led.2ed that he CQ,f ; n (4 ,Qt)6, Notarial Seal Kimberly R. Hanfor , Notary Public echaniMburg Boro, Cumberland County My Commission Ex res Apr. 4, 2005 13 IAN MICHAEL HAYES, : IN THE COURT OF CO MON PLEAS PLAINTIFF : OF CUMBERLAND COU TY, PENNSYLVANIA VS. NO. 02-5429 CIVIL TE AMY ELIZABETH HAYES, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, AMY ELIZABETH HAYES, do hereby acknowledge that I ?m the Wife in this divorce action. I have agreed to and executed the attached Marital Property Se tlement Agreement voluntarily. I am not under any duress, nor were there any threats or pro ises made to me to coerce my execution of this Agreement. I fully understand my property rights as Wife in this divorce action ar determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibili ies and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an the issue of the Marital Property Settlement Agree men Date: Z?? ` , 2002 i I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the o13? day of , 2002, before m for the Commonwealth of Pennsylvania, the undersigned officer, personally ELIZABETH HAYES known to me (or satisfactorily proven) to be the per subscribed to the within Waiver of Right to Counsel for Marital Property Se and acknowledged that she executed the same for the purpose therein contai. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: EXHIBIT "A" to represent me on a Notary Public )peared AMY n whose name is ement Agreement, J? q)"-)b05- Notarial Seal Kimberly R. Hanford, Notary Public lechan rg Boro, Cumberland County My Co mission Expires Apr. 4, 2005 C? '? C" cr7 of IAN MICHAEL HAYES, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUN Y, : PENNSYLVANIA VS. NO. 02-5429 CIVIL TE AMY ELIZABETH HAYES, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Co e was filed on November 8, 2002. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3 intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, eq itable distribution of marital property, counsel fees or expenses has not been filed with the Cour before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and lunderstand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Protho otary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decre? being handed down by the Court. I verify that the Statements in this Affidavit are true statements herein are made subject to the penalties of 18 Pa. unsworn falsification to authorities. 3/so DATE I consent to the entry of a final Decree in Divorce, after the servic? of notice of and correct. I understand that false C.S. Section 4904, relating to C7 r .-? --? i? ? " - mr;., ?? ?`> .? L:. t ? ? cZ? i? ? .. a--??3"tl .?..} IAN MICHAEL HAYES, PLAINTIFF VS. AMY ELIZABETH HAYES, DEFENDANT CE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5429 CIVIL TERN CIVIL ACTION - LAW ACTION FOR DIVORCE O C) O 1. I consent to the entry of a final decree of divorce without notice. OF 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 e tered by the Court and that a copy of the decree will be sent to me immediately after it is filed w1th 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 1$ Pa. C.S. Section 4904 relating to unsworn falsification to authorities. H -?/oS "?v 'A"A & . DATE MICHAEL HA C7 r? kw? rrr ? r. 22 IAN MICHAEL HAYES, PLAINTIFF VS. AMY ELIZABETH HAYES, DEFENDANT : IN THE COURT OF C( : OF CUMBERLAND CO : PENNSYLVANIA : NO. 02-5429 CIVIL : CIVIL ACTION -LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce November 8, 2002. 2. The marriage between the Plaintiff and Defendant is irretrievably (90) days have elapsed from the date of filing the Complaint. 3 intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, of marital property, counsel fees or expenses has not been filed with the C a final Decree in Divorce, the right to claim any of them will be lost. ON PLEAS was filed on and ninety of notice of .table distribution before the entry of 5. 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. I further understand that the Court maintains a list of marriage counselors in the Proth otary's Office, which list is available to me upon request. Being so advised, I do not request hat the Court require that my spouse and I participate in counseling prior to a divorce decre being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. statements herein are made subject to the penalties of 18 Pa. C .S. Section unsworn falsification to authorities. _? /(?_ DAT I consent to the entry of a final Decree in Divorce, after the stand that false _. z co ,.r. IAN MICHAEL HAYES, : IN THE COURT OF CO PLAINTIFF : OF CUMBERLAND COI : PENNSYLVANIA VS. : NO. 02-5429 CIVIL TER AMY ELIZABETH HAYES, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST EN' DIVORCE DECREE UNDER SECTION 3301(c) OF DIVOR 1. I consent to the entry of a final decree of divorce without notice N PLEAS A 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 e tered by the Court and that a copy of the decree will be sent to me immediately after it is filed w th the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sectio 4904 relating to unsworn falsification to authorities. DA HA al % _ `' IAN MICHAEL HAYES, PLAINTIFF VS. AMY ELIZABETH HAYES, DEFENDANT To the Prothonotary: : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 02-5429 CIVIL TERM[ CIVIL ACTION - LAW ACTION FOR DIVORCE Please transmit the record, together with the following information, to! the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301() the Divorce Code. 2. Date and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on Decem er 19, 2002. The Affidavit of Service Certified Mail was filed with the C mberland County Prothonotary on January 8, 2003. 3. Date of execution of the Affidavit of Consent required by Section ?301(c) of the Divorce Code by: Plaintiff. March 24, 2003 Defendant: March 24, 2003 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 5. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 192).42(e)(1), was executed on March 24, 2003 by the Plaintiff and on March 24, 2C03 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents req fired by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April I, 2003 Susan Kay Ca i o, sqi Counsel for P ain * PA I.D. # 649 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 C) c? Cv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. IAN MicHAEL HAYES, PLAINTIFF VERSUS AMY ELIZABETH HAYES, DEFENDANT N O. 02-5429 CIV L TERM DECREE IN DIVORCE AND NOW k)4 , 2003 IT [IS ORDERED AND DECREED THAT TAN MT(IRAFT HAYES (PLAINTIFF, AND AMY ELIZABETH HAYES pEFENDANT, III ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CL IMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE .y? t MAR 15 2010 ? TERESA L. HERB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 2006-5429 THOMAS C. DELP, Defendant CUSTODY ORDER AND NOW, this -t5-hay of 2010, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the following stipulation is entered as an Order effective this date. J. Distribution List: X / ichelle L. Sommer, Esquire (Attorney for Plaintiff) Abom & Kutulakis, 2 West High Street, Carlisle, PA 17013 Xieri D. Coover, Esquire (Attorney for Defendant) 44 S. Hanover Street, Carlisle, PA 17013 4 a i _ i Y- Sheri ?1NR 15201N'¢ D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) %0-0074 (facsimile) TERESA L. HERB, Plaintiff V. THOMAS C. DELP, Defendant F RLM-mr-cE T/iF'I rr Tr_^ Aryl/ 201Q M ;,, 17 1-11 2: 42 hgr\i : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CASE NO. 2006-5429 : CUSTODY ORDER 1 I AND NOW, this day of V C1 , 2010 upon consideration of Defendant's Motion to Withdraw his Petition for Special Relief, the Defendant's motion is hereby GRANTED and the Petition for Special Relief filed by the Defendant on February 5, 2010 is hereby WITHDRAWN and the hearing scheduled before the Honorable Judge 014er on Tuesday, March 23, 2010 at 3:15 p.m. in Courtroom #1 of the Cumberland County Courthouse is hereby CANCELLED. dX4 j. Distribution List: Aichelle Sommer, Esquire (Attorney for Plaintiff) 2 West High Street, Carlisle, PA 17013 X--ri D. Coover, Esquire (Attorney for Defendant) 44 S. Hanover Street, Carlisle, PA 17013 4