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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
J'l.q.i.nt.UJ___
Versus
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n ...Gr.ace..R". ...Schuylex.,
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DECREE IN
I V 0 R C E it ? ~ ';>5" p,Al\
. . . . . . . . . . . . . . ~ . , zqqq..., it is ordered and
AND NOW, .
decreed that. . . .. .G:r;i'l(:,.~ . B... . .qGl:1Jly.l,~+. . . .. .. . . .. .. . . .. .. . . . " plaintiff,
and. . . . . .. . . . . . . . . ~l=.:r:J;Y. N.. .J.I;i..t.t;. . . .. . ., . . . . . . . . . . . . .. . . .., defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The attached Property Settlement Agreement is incorporated but
. . . . . . . . . . . . . . 'no't' me'r'ge'ci 'to 'the 'Decree 'iri 'Divorc';: . .. . .. .. . .. . . ., .. . . . . . . ,
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AGREEMENT
BETWEEN
GRACE R. SCHUYLER
AND
KERRYN.HITT
Kathleen Carey Daley, Esquire
Counsel for Wife
J. Paul Helvy, Esquire
Counsel for Husband
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TABLE OF CONTENTS
SECTION I:
Introduction
3
SECTION II:
General Provisions
4
SECTION III:
Alimony and Alimony Pendente Lite Provisions
9
SECTION IV:
Property Distribution Provisions
10
SECTION V:
Closing Provisions and Execution
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SECTION I
INTRODUCTION
THIS AGREEMENT made this zcf!.' day of _~Jur , 200v, by and
between GRACE R. SCHUYLER ("Wife") and KERRY N. BITT ("Husband").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on December 20,
1992.
WHEREAS, no children have been conceived of this marriage.
WHEREAS, diver~e unhappy differences, disputes and difficulties have arisen between the
parties, and it is the intenti\ln 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 by
specification: the settling of all matters between them relating to the ownership of real and personal
property, the equitable distribution of such property; the settling of all matters between them relating
to the past, present and future support and/or maintenance of Wife by Husband or of Husband by
Wife; and, in general, the s~ttling of 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 considerations,
receipt of which' is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bouIjd hereby, covenant and agree as follows:
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SECTION II
GENERAL PROVISIONS
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may
be available to either party. This Agreement is not intended to condone and shall not be deemed to
be a condonation on the part of either party hereto of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no fault
divorce pursuant to the provisions of Section 330l(c) of the Divorce Code of 1980, as amended.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties.
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN 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 or 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 complaint.
4. 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 Agreement shall be defined as the date
of execution by the party last executing this Agreement.
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5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Kathleen Carey Daley, Esquire. The provisions of this Agreement and their legal effect
have been fully explained to Husband by his attorney, J. Paul Helvy, Esquire. The parties
acknowledge that they fully understand the facts and have been fully informed as to their legal rights
and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, after having received such advice
and with such Imowledge and that execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
6. DISTRIBUTION DATE
The transfer or property, funds and/or documents provided for herein shall take place on the
"distribution date" which shall be defined as the date of execution ofthis Agreement unless otherwise
specified herein.
7. PERSONAL RIGHTS
The parties have been living separate and apart since August 16, 1999. 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, harass, disturb, or malign each other or the respective
families of each other nor compel or attempt to compel the other to cohabit or dwell by any means
whatsoever with him or her.
8. 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
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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, e1'ecutors, administrations, 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 of future acts, contracts, engagements or
liabilities or the other or by way of dower, curtesy, widow or widower's rights, family exemption or
similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the
right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving
spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania,
any state, commonwealth or territory or the United States, or any other country. It is expressly
understood, however, that neither the provisions of this release nor the subsequent entry of a divorce
decree are intended to defeat the right of either party to receive any insurance proceeds at the death
of the other of which she or he is the named beneficiary (whether the beneficiary designation was
made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any
legacy, bequest or residuary portion of the other'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.
( 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 of 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.
9. FINANCIAL DISCLOSURE
The parties have been advised that they have the right to compel the other to provide
extensive and detailed information as to the full extent of the individual assets ofthe other and the
marital assets of the parties. Wife and Husband acknowledge that they are waiving their rights under
the Divorce Code to compel this disclosure and that they are signing this Agreement based upon the
information that each possesses as the individual and marital assets. Wife acknowledges that Husband
owns an entity doing business as Advance Composite Products about which she has limited
knowledge. Based upon Husband's full indemnification of Wife from any and all liability related to
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this business or any other liability that Husband may have created, Wife has voluntarily executed this
Agreement.
10. LIABILITIES
All debts, contracts, obligations or liabilities incurred at any time in the past by either of the
parties will be paid promptly by that party who incurred the debt, contract, obligation or liability.
Each of the parties promises and agrees that each will now, and at all times hereafter, hold harmless
and indemnifY the other from any liability of any nature created by the other party whether occurring
prior to or subsequent to separation.
11. WAIVER OR MODIFICA nON TO BE IN WRITING
No modification or waiver of any of the tenns hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
12. REMEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees, reasonably incurred by the non-breaching party to enforce his or her rights
under the provisions of this Agreement subsequent to the date of execution of this Agreement,
regardless of whether litigation is instituted. In the event of default of any of the provisions of this
Agreement by one of the parties, the remedies available to the other are cumulative and include all
remedies at law and in equity, including those for breach of contract, under theories of equity, under
the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code
(which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited
to those remedies specifically referred to in this Agreement.
13. APPLICABLE LAW OF PENNSYLVANIA
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
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14. AGREEMENT BINDING ON HEms
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
15. INTEGRATION
This Agreement constitutes the entire understanding ofthe parties and supersedes any and all
prior agreements and negotiations between them. There are no representations or warranties other
than those expressly set forth herein.
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at most ten (10)
days after demand thereof) 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.
17. 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 term, condition, clause or provision
of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement and in all other
respects 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 anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
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SECTION m
ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS
1. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE
Husband and Wife do hereby waive, release and give up any rights arising from the continuing
existence of theit marital relationship which either may have against the other for spousal support,
alimony pendente lite, or other maintenance of any kind.
2. WAIVER OF ALIMONY
Husband and Wife do hereby waive, release and give up any rights which either may have
against the other'to receive alimony or other post-divorce maintenance or support. It shall be, from
the execution date of this Agreement, the sole responsibility of each of the respective parties to
sustain himself or herself without seeking any support from the other party.
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SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal propertY including, but without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. WAIVER OF RETIREMENT BENEFITS
Husband and Wife hereby specifically release and waive any and all interest, claim or right that
he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or
other similar benefits of the other party. The parties further acknowledge and agree that they shall
execute any documents pursuant to the Retirement Equity Act or any similar act that may be required
from time to time to accomplish the purposes of this Paragraph.
3. BANK ACCOUNTS/FINANCIAL ASSETS
Husband and Wife are or may be the owners of individual bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance with cash value.
Husband and Wife agree that all of these financial assets shall be the sole and separate property of the
person in whose name they are titled and each party waives any right, title or interest they may have
in the other parties' assets.
4. AUTOMOBILES
The parties are the owners of various automobiles. Husband and Wife agree that these
automobiles shall be the sole and separate property of the person in whose name they are titled and
each party waives any right, title or interest they may have in the other parties' automobile. Each
party shall be responsible for any loans on their vehicle.
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5. REAL PROPERTY
Wife is the owner of real property located at 3 Coventry Close, Camp Hill, Cumberland
County, Pennsylvania 17011. Husband hereby releases any right, title and interest of any nature that
he may have to this real property.
Husband is the owner of real property located at 250 Reeser Road, Camp Hill, Cumberland
County, Pennsylvania 17011. Wife hereby releases any right, title and interest of any nature that she
may have to this real property.
Each party agrees to execute any documents requested by the other to confirm the terms set
forth herein.
6. ADVANCE COMPOSITE PRODUCTS
Husband is the owner of a business entity known as Advance Composite Products which is
involved in the manufacture of components from reinforced plastic. Husband expressly agrees that
Wife shall be held hannless and indemnified from any and all liability of any nature related to this
business entity regardless of whether liability, debt or transaction may have occurred. Wife agrees
that she has no right, title or interest in this business entity and agrees never to assert any claim to
such entity in the future.
7. LEGAL EXPENSES
Husband agrees to pay to Wife the sum of$I,800 in payment of the expenses that she has
incurred related to this divorce action. This amount shall be paid such that Husband shall pay to Wife
the sum of $900 within thirty (30) days from the date of execution of this Agreement and the
remaining $900 to be paid within thirty (30) days thereafter. This shall be the full extent of Husband' s
liability to Wife for these expenses.
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SECTION V
CLOSING PROVISIONS AND EXECUTION
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 hereby, the parties hereto have
set their hands and seals the day and year first written above.
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GRACE R. SCHUYLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: DOCKET NO. 00-6379
KERRY N. HITT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the record, together with the following information, to the Court
for entry of a divorce decree:
L Ground for divorce: irretrievable breakdown under Section 330l(c) of the
Divorce Code.
2. Date and manner of service of the complaint: By certified mail, restricted
delivery, return receipt, to Defendant on September 22, 2000, as evidenced
by the attached Affidavit of Service and copy of the return receipt, which
are being filed contemporaneously herewith.
3. Date of execution of the affidavit of consent required by Section 3301(c) of
the Divorce Code: by Plaintiff on December 26, 2000; by Defendant on
December 17, 2000, which are being filed contemporaneously herewith.
4. Related claims pending: The attached Property Settlement Agreement is
incorporated into but not merged with the divorce decree.
5. Date of execution of waiver of notice: by Plaintiff on December 26, 2000;
by Defendant on December 17, 2000, which are being filed
contemporaneously herewith.
Dated: December 29,2000
Nv::d.lwt fCUJJI
Heather M. Faust
Attorney ID #77947
Killian & Gephart
218 Pine Street
Harrisburg, P A 1710 1
(717) 232-1851
Attorneys for Defendant
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GRACE R. SCHUYLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. CO - t....319
c.u,{ ~
KERRYN. HITT,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VB 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, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB 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 Legal Services Office
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 766-8475
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NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en
forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que
si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted
puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SINO TIENEELDINERO SUFICIENTEDE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Legal Services Office
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 766-8475
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GRACE R. SCHUYLER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
: NO. l)-() -(,3'1 q G,;d I.v-
KERRY N. HITT,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR SECTION 3301(d)
OF THE DIVORCE CODE
AND NOW comes the above Plaintiff, Grace R. Schuyler, by her attorney, Kathleen Carey
Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant,
upon the grounds hereinafter set forth:
1. The Plaintiff, Grace R. Schuyler, is an adult individual who resides at 3 Coventry
Close, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant, Kerry N. Hitt, is an adult individual who resides at 250 Reeser Road,
Camp Hill, Cumberland County, Pennsylvania 17011.
3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 20, 1992, in St. Thomas,
Virgin Islands.
5. The Plaintiff and Defendant are both citizens of the United States of America.
6. There have been no prior actions in divorce between the parties.
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7. The Plaintiff and Defendant are not members of the Armed Services of the United
States or any ofits allies.
8. Plaintiff has been advised of the availability of counseling and that she may have the
right to request that the Court require the parties to participate in counseling.
9. The causes of action and sections oIDivorce Code under which Plaintiff is proceeding
are:
A. Section 3301(c). The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendantmay also file such an Affidavit.
B. Section 3301(d). The marriage of the parties is irretrievably broken.
The Plaintiff and Defendant separated on August 16, 1999.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from
the bonds of matrimony.
Date: 9 f~/(5t)
By:
K tWeen Carey Daley,
A torney No. 30078
1029 Scenery Drive
Harrisburg, P A 171 09
(717) 657-4795
Attorney for Plaintiff
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VERIFICATION
...
I, Grace R. Schuyler, hereby swear and affirm that the facts contained in the foregoing
Complaint in Divorce are true and correct to the best of my knowledge, information and belief
and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities.
Date:
ff'3/CJO
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GRACE R. SCHUYLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO. 00-6379 CIVIL TERM
KERRYN. HITT,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
Kathleen Carey Daley, Esquire, being duly sworn according to law, deposes and says that she
is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on
the 22nd day of September, 2000, she did serve upon Kerry N. Hitt, the Defendant in the foregoing
case, a true and correct copy of the Complaint in Divorce by sending to him, by certified mail,
restricted delivery, to 250 Reeser Road, Camp Hill, Pennsylvania 17011. The receipt for said
Complaint is attached.
Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer
or the matter would proceed without him.
Sworn to and subscribed before me this
~ay of \yn)~L
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,PATRlCfA A. PA1"'I'OO. No!BIY,!:~
LowwPadlllln.t1. DauphInVUU"'7
JJlYCommlsslon ExPlmJune 20. 2OO!l
Ka hleen Carey Daley, Esq.
Attorney No. 30078
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attomey for Plaintiff
,2000
By:
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,
. Complete'iitems 1, 2, and 3. Al'so compiete
item .4 if R'estricted Del!very is desired.
.- Print your :name and aq~ress on the reverse
so that we ,can return the card to you.
. Attach this. card to ,the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
rlR.. Ke.rry N. ~ITT
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3. Service Type
~ Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Rl Yes
2. Article ~ulT)ber (Gopy fr.orTJ servi9fl/~J)
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GRACE R. SCHUYLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-6379 CIVIL TERM
KERRYN. HITT,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under ~330 I ( c) of the Divorce Code was filed on September
18, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verifY that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
Date:
12 26-00
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By: ~~( SC~intur
SocialSecurityNo. I r. 7 - 3~ - fS.:l..?
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GRACE R. SCHUYLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO. 00-6379 CIVIL TERM
KERRYN. HITT,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301(C) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, laWyer's
fees or expenses in do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
Date:
12 29 gg
BY~~
G CE R. SCHUYLE Plamtiff
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GRACE R. SCHUYLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: DOCKET NO. 00-6379
KERRYN. HITT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on
September 18, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
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:
/L!t7/CJO
I t
~ 7/ .;i~
erryN. Hi
Defendant
Soc. Sec. No. 166-36-2908
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GRACE R. SCHUYLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: DOCKET NO. 00-6379
KERRYN. HITT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! 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. S 4904
relating to unsworn falsification to authorities.
Date:
/2/l7hO
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Kerry N. Itt
Defendant
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Kerry N Bitt
250 Reeser Road
Camp Hill Pennsylvania 17011
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Daley Law Offices
1029 Scenery Drive
Harrisburg Pennsylvania 17109
Attention: Kathy Daley Attorney at Law
May 8, 2001
MAY 1 n ?nnt
Dear Attorney Daley,
I spoke with your client in early February and explained that I simply did not yet have the
money to make payment on the marital settlement agreement. She suggested that I call
you to make some kind of payment arrangements. I agreed, and tried to call you at least
four times. I never received a return call. I left a message that, in an attempt to save
money, I would not be using my attorney on this matter. 1 thought it would be a simple
agreement to make payment arrangements and since money is tight I thought it to be the
prudent thing to do.
I have been waiting to receive a contract that was supposed to be given to my company in
rnid February. There have been some engineering problems that have kept my customer
from placing an order with us. Those problems are almost resolved and I expect an order
at any time. I am confident that it will certainly be before the hearing date of June 11,
2001. It is my intent to pay the settlement agreement in full at the time I get the order.
If it is your client's wish to resolve this matter in a simple non-confrontational manner all
you need to do is contact me. My daytime telephone number is 232-8237.
__~7elY, 71';7Idr
~~itt
Cc: Heather M Faust, Esquire
PLAINTIFF'S
EXHIBIT
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DALEY LAW OFFICES
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1029 SCENERYDRlVE' HARRISBURG, PA 17109' (717) 657-4795' FAX (717) 657-4996
March 27,2001
Cumberland County Courthouse
Office of Prothonotary
One Courthouse Square
Carlisle, P A 17013
PLAI\'lTIFFS
E)(HIBIT
Re: Schuvler v. Hitt
;}-
Dear Sir or Madam:
Enclosed please find an original and three (3) copies of a Petition to Enforce Marital
Settlement Agreement for filing on behalf of Grace R. Schuyler. Also enclosed in a self-addressed,
stamped envelope for your convenience in returning the copies to us.
Thank you for your attention to this matter.
Very truly yours,
. ~o
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Kathleen Car;; ~y . tY
KCD:bjh
Enclosures
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/ GRACE R. SCHUYLER,
PlaintitTlPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6379
:
KERRY N. BITT,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, this
day of
, 2001, upon
consideration of the attached Petition to Enforce Marital Settlement Agreement, IT IS HEREBY
ORDERED AND DECREED that a hearing concerning the Petition shall be held on the
day of
, 2001, at
o'clock
of the Cumberland County Courthouse, High and
.M. in Courtroom No.
Hanover Streets, Carlisle, Pennsylvania.
BY THE COURT,
J.
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GRACE R. SCHUYLER,
PlaintitTlPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6379
KERRY N. BITT,
DefendantIRespondent
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
, 2001, upon
consideration of the attached Petition, IT IS HEREBY ORDERED AND DECREED that Defendant
shall pay to Plaintiff the amount of Eighteen Hundred ($1,800.00) Dollars, plus interest at the rate
of six percent (6%) commencing on January 28, 2001, and ending on such date as the debt is satisfied
in full, in satisfaction of the provisions of Section IV, Paragraph 7 of the Marital Settlement
Agreement entered into by the parties on December 29,2000.
IT IS FURTHER ORDERED AND DECREED that Defendant shall pay to Plaintiff at least
Five Hundred ($500.00) Dollars in costs, expenses, and attomey fees, to enforce the provisions of
the Marital Settlement Agreement.
BY THE COURT,
1.
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GRACE R. SCHUYLER,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS,OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6379
KERRY N. BITT,
DefendantJRespondent
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT
AND NOW, comes Plaintiff Grace R. Schuyler, by and through her attorney, Kathleen Carey
Daley, Esquire, and avers as follows:
1. Plaintifi/Petitioner is Grace R. Schuyler, an adult individual presently residing at 3
Coventry Close, Camp Hill, Cumberland County, Pennsylvania 17011. (Hereinafter referred to as
"Wife.")
2. Defendant/Respondent is Kerry N. Hitt, an adult individual presently residing at 250
Reeser Road, Camp Hill, Cumberland County, Pennsylvania 1701 L (Hereinafter referred to as
"Husband.")
3. The parties were married on December 20, 1992, in St. Thomas, Virgin Islands.
4. The parties divorced on December 29, 2000. A copy of the Divorce Decree is
attached hereto and incorporated herein as Exhibit "A."
5. The parties' division of all marital property and debts occurred through a Marital
Settlement Agreement executed by both parties on December 29, 2000. A copy of said Agreement
is attached hereto and incorporated herein as Exhibit "B."
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6. The Marital Settlement Agreement was incorporated into the Divorce Decree on
December 29, 2000.
7. The provisions of Section IV, Paragraph Seven (7) of the Marital Settlement
Agreement, regarding the payment oflegal expenses are as follows:
7. LEGAL EXPENSES Husband agrees to pay to Wife the sum of$1,800.00
in payment of the expenses that she has incurred related to this divorce action. This
amount shall be paid such that Husband shall pay to Wife the sum of $900 within
thirty (30) days from the date of execution of this Agreement and the remaining $900
to be paid within thirty (30) days thereafter. This shall be the full extent of Husband' s
liability to Wife for these expenses.
8. Under Section IV, Paragraph Seven (7) ofthe parties' Marital Settlement Agreement,
Husband was to Wife the sum of Nine Hundred ($900.00) Dollars, on or before January 28,2001.
9. Husband failed to pay to Wife the sum of Nine Hundred ($900.00) Dollars by the
agreed upon date.
10. Under Section IV, Paragraph Seven (7) of the parties' Marital Settlement Agreement,
Husband was to pay to Wife the sum of Nine Hundred ($900.00) Dollars, on or before February 27,
2001.
11. Husband failed to pay to Wife the sum of Nine Hundred ($900.00) Dollars by the
agreed upon date.
12. The provisions of Paragraph 12 of the Marital Settlement Agreement, regarding the
breaching of the Marital Settlement Agreement by either party are as follows:
12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this
Agreement shall be liable to the other party for all costs, including reasonable counsel
fees, reasonably incurred by the non-breaching party to enforce his or her rights under
the provisions of this Agreement subsequent to the date of execution of this
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Agreement, regardless of whether litigation is instituted. In the event of default of any
of the provisions of this Agreement by on of the parties, the remedies available to the
other are cumulative and include all remedies at law and in equity, including those for
breach of contract, under theories of equity, under the Domestic Relations Code as
amended, including Section 3105 of the Domestic Relations Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited
to those remedies specifically referred to in this Agreement.
13. In accordance with Paragraph 12 of the Marital Settlement Agreement, Husband
should compensate Wife for all filing fees, costs, expenses, and attorney fees paid to Daley Law
Offices for enforcement of the provisions of the Marital Settlement Agreement.
14. The Court has the authority to grant the reliefrequested under Sections 3105(a),
3502(d), 3502(e), and 3323(f) of the Divorce Code.
15. Wife requests this Honorable Court to exercise its powers and order Husband to pay
to Wife the following:
A The sum of Eighteen Hundred ($1,800.00) Dollars;
B. Interest at the rate of six percent (6%) per year, pursuant to the authority
found at 3502(e)(3) of the Divorce Code, from January 28,2001, until such time as the unpaid
balance is satisfied in full; and
C. Reimbursement of attorney fees from Husband, the actual costs of which, is
expected to total at least Five Hundred ($500.00) Dollars.
WHEREFORE, Plaintiffi'Petitioner Grace R Schuyler, respectfully requests this Honorable
Court to direct Defendant/Respondent Kerry N. Hitt to abide by the provisions set forth in the Marital
Settlement Agreement, dated December 29,2000, and further, to enter judgment in the amount of
Eighteen Hundred ($1,800.00) Dollars, plus interest at the rate of six percent (6%), from January 28,
-
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2001, until paid in full, and attorney fees of at least Five Hundred ($500.00) Dollars.
Respectfully submitted,
DALEY LAW OFFICES
~
thIeen Carey Daley, s
Supreme Court J.D. N .
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attomey for Plaintiff/Petitioner
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VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unswom
falsification to authorities.
Date:
J~-..) 7- 01
By:
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iN THE COURT OF COMMON PLEAS
CUMBERLAND
OF
COUNTY
STATE OF
PENNA.
. .G:r.a"e .~~.Sc:l111yler'm...
Versus
II
II
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II
II
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No.
00-6379
ul'la,.i.J}j:t.ff
..uI<~r:rY uN~Il~t,t,
m IJ!":E ~nda,rl::t
DECREE IN
DIVORCE
AND NOW,
at 3:35 P.M.
. .I?':''?':''!'be7'.?9....,......,..., 200.0,..", it is ordered and
decreed that..,. ,G~i'l.q~,f<.,', .9<;:f1.1.:\Y.+\"F......,..".,.,....,...., plaintiff,
and. . . . . . . , ' . . . . , IZ~J;~Y. .l'!, . H.it:t. . , . ., . . . , . , . . . . . , , , . , . . . , " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which hove
been raised of record in this action for which a final order has not yet
been entered;
The attaf~~~.f,pp~r~y, P~~~~~~~P~. AgF~~~~P~.~s.~~~~~~~~q~~q .~~~
... "~~t'~~~ged to the Decree in Divorce.
By
The
CO" r t :
(,,/.Ge()':!'je E.mHoffer
A Hest:
P. J.
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Prothonotary
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KatWeen Carey Daley, Esquire
Counsel for Wife
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AGREEMENT
BETWEEN
GRACE R. SCHUYLER
AND
KERRY N. HITT
1. Paul Helvy, Esquire
Counsel for Husband
Exhibit "B"
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TABLE OF CONTENTS
SECTION I:
Introduction
3
SECTION II:
General Provisions
4
SECTION III:
Alimony and Alimony Pendente Lite Provisions
9
SECTION IV:
Property Distribution Provisions
10
SECTION V:
Closing Provisions and Execution
12
SECTION I
INTRODUCTION
TillS AGREEMENT made this 2tf!J day of [JI1'ffim. /wv , 200t). by and
between GRACE R. SCHUYLER ("Wife") and KERRY N. HITT ("Husband").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on December 20,
1992.
WHEREAS, no children have been conceived of this marriage.
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 by
specification: the settling of all matters between them relating to the ownership of real and personal
property, the equitable distribution of such property; the settling of all matters between them relating
to the past, present and future support and/or maintenance of Wife by Husband or of Husband by
Wife; and, in general, the settling of any and all claims and possible claims by one against the other
or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable considerations,
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:
-
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SECTION II
GENERAL PROVISIONS
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may
be available to either party. This Agreement is not intended to condone and shall not be deemed to
be a condonation on the part of either party hereto of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof The parties intend to secure a mutual consent, no fault
divorce pursuant to the provisions of Section 330l(c) of the Divorce Code of 1980, as amended.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties.
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN 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 or 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 complaint.
4. 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 Agreement shall be defmed as the date
of execution by the party last executing this Agreement.
4
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5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Kathleen Carey Daley, Esquire. The provisions ofthis Agreement and their legal effect
have been fully explained to Husband by his attorney, 1. Paul Helvy, Esquire. The parties
acknowledge that they fully understand the facts and have been fully informed as to their legal rights
and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, after having received such advice
and with such knowledge and that execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
6. DISTRIBUTION DATE
The transfer or property, funds and/or documents provided for herein shall take place on the
"distribution date" which shall be defined as the date of execution ofthis Agreement unless otherwise
specified herein.
7. PERSONAL RIGHTS
The parties have been living separate and apart since August 16, 1999. 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, harass, disturb, or malign each other or the respective
families of each other nor compel or attempt to compel the other to cohabit or dwell by any means
whatsoever with him or her.
8. 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
5
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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, administrations, 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, wht)ther now existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former of future acts, contracts, engagements or
liabilities or the other or by way of dower, curtesy, widow or widower's rights, family exemption or
similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the
right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving
spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania,
any state, commonwealth or territory or the United States, or any other country. It is expressly
understood, however, that neither the provisions of this release nor the subsequent entry of a divorce
decree are intended to defeat the right of either party to receive any insurance proceeds at the death
of the other of which she or he is the named beneficiary (whether the beneficiary designation was
made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any
legacy, bequest or residuary portion of the other'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.
(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 of 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.
9. FINANCIAL DISCLOSURE
The parties have been advised that they have the right to compel the other to provide
extensive and detailed information as to the full extent of the individual assets of the other and the
marital assets of the parties. Wife and Husband acknowledge that they are waiving their rights under
the Divorce Code to compel this disclosure and that they are signing this Agreement based upon the
information that each possesses as the individual and marital assets. Wife acknowledges that Husband
owns an entity doing business as Advance Composite Products about which she has limited
knowledge. Based upon Husband's full indemnification of Wife from any and all liability related to
6
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this business or any other liability that Husband may have created, Wife has voluntarily executed this
Agreement.
10. LIABILITIES
All debts, contracts, obligations or liabilities incurred at any time in the past by either of the
parties will be paid promptly by that party who incurred the debt, contract, obligation or liability.
Each of the parties promises and agrees that each will now, and at all times hereafter, hold harmless
and indemnifY the other from any liability of any nature created by the other party whether occurring
prior to or subsequent to separation.
11. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
12. REMEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees, reasonably incurred by the non-breaching party to enforce his or her rights
under the provisions of this Agreement subsequent to the date of execution of this Agreement,
regardless of whether litigation is instituted. In the event of default of any of the provisions of this
Agreement by one of the parties, the remedies available to the other are cumulative and include all
remedies at law and in equity, including those for breach of contract, under theories of equity, under
the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code
(which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited
to those remedies specifically referred to in this Agreement.
13. APPLICABLE LAW OF PENNSYL VANIA
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
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14. AGREEMENT BINDING ON HEms
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
15. INTEGRATION
This Agreement constitutes the entire understanding ofthe parties and supersedes any and all
prior agreements and negotiations between them. There are no representations or warranties other
than those expressly set forth herein.
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at most ten (10)
days after demand thereof) 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.
17. 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 term, condition, clause or provision
ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement and in all other
respects 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 anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the
remaining obligations ofthe parties.
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SECTION m
ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS
1. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE
Husband and Wife do hereby waive, release and give up any rights arising from the continuing
existence of their marital relationship which either may have against the other for spousal support,
alimony pendente lite, or other maintenance of any kind.
2. WAIVER OF ALIMONY
Husband and Wife do hereby waive, release and give up any rights which either may have
against the other to receive alimony or other post-divorce maintenance or support. It shall be, from
the execution date of this Agreement, the sole responsibility of each of the respective parties to
sustain himself or herself without seeking any support from the other party.
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SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. WAIVER OF RETIREMENT BENEFITS
Husband and Wife hereby specifically release and waive any and all interest, claim or right that
he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or
other similar benefits of the other party. The parties further acknowledge and agree that they shall
execute any documents pursuant to the Retirement Equity Act or any similar act that may be required
from time to time to accomplish the purposes of this Paragraph.
3. BANK ACCOUNTS/FINANCIAL ASSETS
Husband and Wife are or may be the owners of individual bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance with cash value.
Husband and Wife agree that all of these financial assets shall be the sole and separate property of the
person in whose name they are titled and each party waives any right, title or interest they may have
in the other parties' assets.
4. AUTOMOBILES
The parties are the owners of various automobiles. Husband and Wife agree that these
automobiles shall be the sole and separate property of the person in whose name they are titled and
each party waives any right, title or interest they may have in the other parties' automobile. Each
party shall be responsible for any loans on their vehicle.
10
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s. REAL PROPERTY
Wife is the owner of real propeny located at 3 Coventry Close, Camp Hill, Cumberland
County, Pennsylvania 170 II. Husband hereby releases any right. title and interest of any nature that
he may have to this real property.
Husband is the owner of real property located at 250 Reeser Road, Camp Hill, Cumberland
County, Pennsylvania 170 II. Wife hereby releases any right, title and .interest of any nature that she
may have to this real property.
Each party agrees to execute any documents requested by the other to confirm the terms set
forth herein~
6. ADVANCE COMPOSITE PRODUCTS
Husband is the owner of a b\lsiness entity known as Advance Composite Products which is
involved in the manufacture of components from reinforced plastic. Husband expressly agrees that
Wife shall be held harmless and indemnified from any and all liability of any nature related to this
business entity regardless of whether liability, debt or transaction may have occurred. Wife agrees
that she has no right, title or interest in this business entity and agrees never to assert any claim to
such entity in the future.
7. LEGAL ExPtNSES
Husband agrees to pay to Wife the sum of $1,800 in payment of the expenses that she has
incurred related to this divorce action. This amount shall be paid such that Husband shall pay to Wife
the sum of $900 within thirty (30) days from the date of execution of this Agreement and the
remaining $900 to be paid within thirty (30) days thereafter. This shall be the full extent of Husband's
liability to Wife for these expenses.
11
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SECTION V
CLOSING PROVISIONS AND EXECUTION
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 hereby, the parties hereto have
set their hands and seals the day and year first written above.
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KERRY N: TT
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DALEY LAW OFFICES
1029 SCENERY DRIVE' HARRISBURG, PA 17109 . (717) 657-4795 . FAX (717) 657-4996
PLAINTIFPS
EXHIBIT
-3
May 2, 2001
J. Paul Helvy, Esquire
KILLIAN & GEPHART
P.O. Box 886
Harrisburg, PA 17108
Re: Schuyler v. Hitt
Dear Mr. Helvy:
Enclosed please find a copy of the Petition to Enforce Marital Settlement Agreement
which we filed with the Court of Common Pleas of Cumberland County, as well as the Order
scheduling a hearing in this matter for June 11,2001, at 9:30 a.m.
oHfrI
atricia A. Patton
Paralegal
:pap
Enclosure
cc: Grace R. Schuyler
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DALEY LAW OFFICES
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1029 SCENERY DRIVE . HARRISBURG,PA 17109. (717)657-4795. FAX (717) 6574996
PLAINTlFPS .......
- eXHIBIT
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May 15, 2001
-
Heather M. Faust, Esquire
KILLIAN & GEPHART
Post Office 886
Harrisburg,PA 17108
RE: Schuyler v. Hitt
Dear Heather:
I received a letter dated May 8, 2001, from your client, Kerry N. Hitt. A copy of the letter
is enclosed for your review. I am writing to you with the hope that you will communicate the
following information to your client:
1. 1 would not return a telephone call to Mr. Hitt since he has been
represented by counsel in this matter. I would be ethically precluded from taking that
action.
2. My records do not reveal that he called my office on multiple
occasions. I did receive one telephone call from Mr. Hitt, but never any follow-up
information.
3. Your client has not met the obligations as they are due and, therefore,
he is in breach of the agreement and subject to pay the original amount owed plus
additional attorney's fees, costs and interests. Those costs will continue to accrue
until the final payment is made. The hearing will not be canceled unless there is a
full satisfaction of all remaining amounts due from Mr. Hitt prior to the hearing. We
are in the process of calculating the additional fees that are due as the result of his
breach ofthe agreement and I will have a payoff figure for his obligations upon your
request.
4. In the event that you are no longer representing Mr. Hitt in this matter,
please let me know that I may communicate directly with him. I would appreciate
the courtesy of having this letter sent to him by your office.
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Heather M. Faust, Esquire
Page Two
May 15, 2001
Thank you for your attention to this matter.
Very truly yours,
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j ~thleen Carey Daley! ':fjfY/
KCD:ksm
Enclosures
cc: Grace R. Schuyler
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Daley Law Office
1029 Scenery Dril.e
Harrisburg, PA 17109
Inl.Oice submitted to:
Ms. Grace R. Schuyler
3 COl.entry Close
Camp Hill PA 17011
June 08, 2001
Professional Sef'.ices
Hrs/Rate Amount
02/19/2001 Discussed issue re: ex-husband's non-payment with attomey 0.10 7.50
75.00/hr
02/21/2001 Letter to Paul Helvy 0.20 35.00
175.00/hr
02127/2001 Rel.1ew CorrespondencelDocuments: dictation 0.10 7.50
75.00/hr
03/13/2001 Preparation of Documents: Petition to Enforce Marriage Settlement 1.00 125.00
Agreement 125.00/hr
03/14/2001 Rel.1se and finalize Petition to Enforce MSA 1.00 175.00
175.00/hr
04/30/2001 Telephone conl.ersation with Cumberland County Court Administrator re: 0.20 25.00
status of Enforcement Hearing 125.00/hr
05/01/2001 Telephone conl.ersation with client re: refiling of Petition 0.10 7.50
75.00/hr
Telephone conl.ersation with Court Administrator re: status of Petition 0.10 12.50
125.00/hr
05/02/2001 Filing and sef'.ice of Petition (walked through Petition) 0.50 37.50
75.00/hr
Telephone conl.ersation with client re: hearing date: Letter to opposing 0.30 22.50
counsel re: Petition to Enforce MSA and Order 75.00/hr
05/10/2001 Telephone conl.ersation with client re: Mr. Hitt's letter 0.20 15.00
75.00/hr
05/11/2001 Reliew letter and draft response 0.80 140.00
175.00/hr
05/15/2001 Rel.1ew dictation 0.10 7.50
75.00/hr
Finalize letter to opposing counsel 0.40 30.00
75.00/hr
Ms. Grace R. Schuyler
For professional services rendered
Hours
5.10
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Page
2
Amount
$647.50
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1029 SCENERY DRlVE . HARRISBURG, PA 17109 . (717) 6j7-479j . FAX (717) 657-4996
February 27,2001
J. Paul Helv-fy, Esquire
KILLIAN & GEPHART
Post Office Box 886
Harrisburg, PA 17108
PLA/NTIFPS
EXHIBIT
I
RE: Schuvler v. Hitt
Dear Paul:
I am writing to inform you that your client has not followed through with the obligations that
he agreed to in the divorce documents executed by the parties on December 29, 2000.
Under Section 4, Paragraph 7, Mr. Hitt was to pay Wife the sum of$l ,800. This amount was
to be paid as $900 within thirty days of the date of execution of this Agreement and the remaining
$900 to be paid within thirty days thereafter. I understand, from speaking to my client, that your
client has not paid the first payment required under this Agreement. The second payment will be due
in a few days.
Would you please be in contact with Mr. Hitt to let him know that it is essential that he
satisfies his obligations under this Agreement immediately. Ifhe fails to do so, I have a provision
in the Agreement that would require him to pay attorney's fees for the enforcement of this
Agreement, as well as subject him to the other penalties provided under g3l 05 of the Divorce Code.
I would appreciate knowing within ten days from the date of this letter what your client's
intentions are in this regard so I can advise my client as to the appropriate actions to take.
Very ly yours,
~~
athleen Carey Daley
KCD:ksm
cc: Grace R. Schuyler
,
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Kerry N. Bitt
250 Reeser Road
Camp Hill Pennsylvania 17011
Killian &Gephart, LLP
218 Pine Street
P.O. Box 886
Harrisburg Pennsylvania 71780-0886
Attentioo: Heather M. Faust Esquire.
Dear Attorney Faust:
Enclosed please find a copy of the letter that I sent to Attorney Daley.
I will share all correspondence that I have with Attorney Daley pertaining to this settlement matter. If you
see a need to step in please tell me. 1 doo't want to be penny wise and dollar foolish.
As I stated, I am trying to get this settled in the most cost effective way that I can. I fully intend to pay this
as soon as possible. I do not want any loose ends that will cause me to have to deal with Grace in any way
whatsoever. It is just that money is very tight at this time. I will also get you paid as soon as I get the
contract in house.
Thank you for working with me on this matter.
Sincerely;
Kerry N. Hitt
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GRACE R SCHUYLER,
PlaintitT/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6379
KERRY N. BITT,
DeundanVR~pondent
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, this ~ nd day of fh ~
, 2001, upon
consideration of the attached Petition to Enforce Marital Settlement Agreement, IT IS HEREBY
ORDERED AND DECREED that a hearing concerning the Petition shall be held on the
/i~ day of ~ ' 2001, at 9 : 30 o'clock
~.M. in Courtroom No. i of the Cumberland County Courthouse, High and
Hanover Streets, Carlisle, Pennsylvania.
BY THE COURT,
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GRACE R SCHUYLER,
PlaintitTlPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6379
KERRY N. BITT,
DefendantIRespondent
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
, 2001, upon
consideration of the attached Petition, IT IS HEREBY ORDERED AND DECREED that Defendant
shall pay to Plaintiff the amount of Eighteen Hundred ($1,800.00) Dollars, plus interest at the rate
of six percent (6%) commencing on January 28, 200 I, and ending on such date as the debt is satisfied
in full, in satisfaction of the provisions of Section IV, Paragraph 7 of the Marital Settlement
Agreement entered into by the parties on December 29,2000.
IT IS FURTHER ORDERED AND DECREED that Defendant shall pay to Plaintiff at least
Five Hundred ($500.00) Dollars in costs, expenses, and attorney fees, to enforce the provisions of
the Marital Settlement Agreement.
BY THE COURT,
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GRACE R. SCHUYLER,
PlaintitT/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6379
KERRY N. BITT,
DefendantIRespondent
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT
AND NOW, comes Plaintiff Grace R. Schuyler, by and through her attorney, Kathleen Carey
Daley, Esquire, and avers as follows:
I. PlaintiID.Petitioner is Grace R. Schuyler, an adult individual presently residing at 3
Coventry Close, Camp Hill, Cumberland County, Pennsylvania 17011. (Hereinafter referred to as
"Wife.")
2. DefendantlRespondent is Kerry N. Hitt, an adult individual presently residing at 250
Reeser Road, Camp Hill, Cumberland County, Pennsylvania 17011. (Hereinafter referred to as
"Husband.")
3. The parties were married on December 20, 1992, in St. Thomas, Virgin Islands.
4. The parties divorced on December 29, 2000. A copy of the Divorce Decree is
attached hereto and incorporated herein as Exhibit "A."
5. The parties' division of all marital property and debts occurred through a Marital
Settlement Agreement executed by both parties on December 29, 2000. A copy of said Agreement
is attached hereto and incorporated herein as Exhibit "B."
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6. The Marital Settlement Agreement was incorporated into the Divorce Decree on
December 29,2000.
7. The provisions of Section IV, Paragraph Seven (7) of the Marital Settlement
Agreement, regarding the payment oflegal expenses are as follows:
7. LEGAL EXPENSES Husband agrees to pay to Wife the sum of$I,800.00
in payment of the expenses that she has incurred related to this divorce action. This
amount shall be paid such that Husband shall pay to Wife the sum of $900 within
thirty (30) days from the date of execution of this Agreement and the remaining $900
to be paid within thirty (30) days thereafter. This shall be the full extent of Husband's
liability to Wife for these expenses.
8. Under Section IV, Paragraph Seven (7) of the parties' Marital Settlement Agreement,
Husband was to Wife the sum of Nine Hundred ($900.00) Dollars, on or before January 28,2001.
9. Husband failed to pay to Wife the sum of Nine Hundred ($900.00) Dollars by the
agreed upon date.
10. Under Section IV, Paragraph Seven (7) of the parties' Marital Settlement Agreement,
Husband was to pay to Wife the sum of Nine Hundred ($900.00) Dollars, on or before February 27,
2001.
11. Husband failed to pay to Wife the sum of Nine Hundred ($900.00) Dollars by the
agreed upon date.
12. The provisions of Paragraph 12 of the Marital Settlement Agreement, regarding the
breaching of the Marital Settlement Agreement by either party are as follows:
12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this
Agreement shall be liable to the other party for all costs, including reasonable counsel
feeS, reasonably incurred by the non-breaching party to enforce his or her rights under
the provisions of this Agreement subsequent to the date of execution of this
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Agreement, regardless of whether litigation is instituted. In the event of default of any
of the provisions of this Agreement by on of the parties, the remedies available to the
other are cumulative and include all remedies at law and in equity, including those for
breach of contract, under theories of equity, under the Domestic Relations Code as
amended, including Section 3105 ofthe Domestic Relations Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited
to those remedies specifically referred to in this Agreement.
13. In accordance with Paragraph 12 of the Marital Settlement Agreement, Husband
should compensate WIfe for all filing fees, costs, expenses, and attorney fees paid to Daley Law
Offices for enforcement of the provisions of the Marital Settlement Agreement.
14. The Court has the authority to grant the relief requested under Sections 3105(a),
3502(d), 3502(e), and 3323(t) of the Divorce Code.
15. Wife requests this Honorable Court to exercise its powers and order Husband to pay
to Wife the following:
A. The sum of Eighteen Hundred ($1,800.00) Dollars;
B. Interest at the rate of six percent (6%) per year, pursuant to the authority
found at 3502(e)(3) of the Divorce Code, from January 28,2001, until such time as the unpaid
balance is satisfied in full; and
C. Reimbursement of attorney fees from Husband, the actual costs of which, is
expected to total at least Five Hundred ($500.00) Dol1ars.
WHEREFORE, Plaintiff/Petitioner Grace R. Schuyler, respectfully requests this Honorable
Court to direct DefendantlRespondent Kerry N. Hitt to abide by the provisions set forth in the Marital
Settlement Agreement, dated December 29,2000, and further, to enter judgment in the amount of
Eighteen Hundred ($1,800.00) Dollars, plus interest at the rate of six percent (6%), from January 28,
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2001, until paid in full, and attorney fees of at least Five Hundred ($500.00) Dollars.
Respectfully submitted,
DALEY LAW OFFICES
atWeen Carey Daley, s uire
Supreme Court J.D. N .
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for PlaintifflPetitioner
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VERIFICATION
I, Kathleen Carey Daley, Esquire, do hereby verifY that the within facts and statements
contained in the foregoing Petition are true and correct to the best of my knowledge, information and
belief. This verification is made by me due to the unavailability of my client, Grace
R. Schuyler.
I understand that false statements or averments therein made will subject me to the criminal
penalties of 18 Pa.C.S.A. ~4904 relating to unswom falsification to authorities.
Respectfully submitted,
DALEY LAW OFFICES
Ka een Carey Daley, Es
Attorney No. 30078
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attomey for Plaintiff/Petitioner
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DECREE IN
DIVORCE
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AND NOW,. .J?':''?':''!'i?,:,~.2?.............., 200.0....., it is ordered and
decreed that ..... C;;ri1."~. f<... .$9)1).lj:+~r. . . . . . . . . . . . . . . . . . . . . . . '. plaintiff,
and. . . . . . . . . . . . . . r<;~r:t'y. .~, . fl.i.tt. . . . . . . . . . . . . . . . . , . . . . . . . . " defendant,
orE! divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which hove
been raised of record in this action for which a finol order has not yet
been entered;
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The attach~~.rr~p~r~y. ~~~~~~~~~~. Ag1~~~~~~. ~P. ~n~~~~~~~~~q ~~~
........... '~~t>~~~g~d to the Decree in Divorce.
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Prothonota:ry
Kathleen Carey Daley, Esquire
Counsel for Wife
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AGREEMENT
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BETWEEN
GRACE R. SCHUYLER
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KERRY N. HITT
J. Paul Helvy, Esquire
Counsel for Husband
Exhibit "B"
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SECTION I:
Introduction
SECTION II:
General Provisions
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TABLE OF CONTENTS
SECTION III:
Alimony and Alimony Pendente Lite Provisions
SECTION IV:
Property Distribution Provisions
SECTION V:
Closing Provisions and Execution
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SECTION I
INTRODUCTION
TffiS AGREEMENT made this Z~ day of [JIJ'Ph1 6e;,u , 20OV, by and
between GRACE R. SCHUYLER ("Wife") and KERRY N. BITT ("Husband").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on December 20,
1992.
WHEREAS, no children have been conceived of this marriage.
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 by
specification: the settling of all matters between them relating to the ownership of real and personal
property, the equitable distribution of such property; the settling of all matters between them relating
to the past, present and future support and/or maintenance of Wife by Husband or of Husband by
Wife; and, in general, the settling of any and all claims and possible claims by one against the other
or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable considerations,
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:
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SECTION IT
GENERAL PROVISIONS
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may
be available to either party. This Agreement is not intended to condone and shall not be deemed to
be a condonation on the part of either party hereto of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no fault
divorce pursuant to the provisions of Section 330l(c) of the Divorce Code of 1980, as amended.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties.
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN 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 or 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 complaint.
4. 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 Agreement shall be defined as the date
of execution by the party last executing this Agreement.
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5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attomey, Kathleen Carey Daley, Esquire. The provisions of this Agreement and their legal effect
have been fully eXplained to Husband by his attorney, J. Paul Helvy, Esquire. The parties
acknowledge that they fully understand the facts and have been fully informed as to their legal rights
and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, after having received such advice
and with such knowledge and that execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
6. DISTRIBUTION DATE
The transfer or property, funds and/or documents provided for herein shall take place on the
"distribution date" which shall be defined as the date of execution of this Agreement unless otherwise
specified herein.
7. PERSONAL RIGHTS
The parties have been living separate and apart since August 16, 1999. They shall be free
from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as
fully as if theywere 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, harass, disturb, or malign each other or the respective
families of each other nor compel or attempt to compel the other to cohabit or dwell by any means
whatsoever with him or her.
S. 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
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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, administrations, 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 of future acts, contracts, engagements or
liabilities or the other or by way of dower, curtesy, widow or widower's rights, family exemption or
similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the
right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving
spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania,
any state, commonwealth or territory or the United States, or any other country. It is expressly
understood, however, that neither the provisions ofthis release nor the subsequent entry of a divorce
decree are intended to defeat the right of either party to receive any insurance proceeds at the death
of the other of which she or he is the named beneficiary (whether the beneficiary designation was
made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any
legacy, bequest or residuary portion ofthe other'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.
( 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 of 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.
9. FINANCllAL DISCJLOSURE
The parties have been advised that they have the right to compel the other to provide
extensive and detailed information as to the full extent of the individual assets of the other and the
marital assets of the parties. Wife and Husband acknowledge that they are waiving their rights under
the Divorce Code to compel this disclosure and that they are signing this Agreement based upon the
information that each possesses as the individual and marital assets. Wife acknowledges that Husband
owns an entity doing business as Advance Composite Products about which she has limited
knowledge. Based upon Husband's full indemnification of Wife from any and all liability related to
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this business or any other liability that Husband may have created, Wife has voluntarily executed this
Agreement.
10. LIABIL][TIES
All debts, contracts, obligations or liabilities incurred at any time in the past by either of the
parties will be paid promptly by that party who incurred the debt, contract, obligation or liability.
Each of the parties promises and agrees that each will now, and at all times hereafter, hold harmless
and indemnifY the other from any liability of any nature created by the other party whether occurring
prior to or subsequent to separation.
11. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
12. REMEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees, reasonably incurred by the non-breaching party to enforce his or her rights
under the provisions of this Agreement subsequent to the date of execution of this Agreement,
regardless of whether litigation is instituted. In the event of default of any of the provisions of this
Agreement by one of the parties, the remedies available to the other are cumulative and include all
remedies at law and in equity, including those for breach of contract, under theories of equity, under
the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code
(which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited
to those remedies specifically referred to in this Agreement.
13. APPLICABLE LAW OF PENNSYL VANIA
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
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14. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
15. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and aU
prior agreements and negotiations between them. There are no representations or warranties other
than those expressly set forth herein.
16. OTIfER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at most ten (10)
days after demand thereof) 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.
17. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be deeined
to be a separate and independent covenant and agreement. If any term, condition, clause or provision
of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement and in all other
respects 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 anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
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SECTION m
ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS
1. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE
Husband and Wife do hereby waive, release and give up any rights arising from the continuing
existence of their marital relationship which either may have against the other for spousal support,
alimony pendente lite, or other maintenance of any kind.
2. WAIVER OF ALIMONY
Husband and Wife do hereby waive, release and give up any rights which either may have
against the other to receive alimony or other post-divorce maintenance or support. It shall be, from
the execution date of this Agreement, the sole responsibility of each of the respective parties to
sustain himself or herself without seeking any support from the other party.
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SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. WAIVER OF RETIREMENT BENEFITS
Husband and Wife hereby specifically release and waive any and all interest, claim or right that
he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or
other similar benefits of the other party. The parties further acknowledge and agree that they shall
execute any documents pursuant to the Retirement Equity Act or any similar act that may be required
from time to time to accomplish the purposes of this Paragraph.
3. BANK ACCOUNTS/FINANCIAL ASSETS
Husband and Wife are or may be the owners of individual bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance with cash value.
Husband and Wife agree that all of these financial assets shall be the sole and separate property of the
person in whose name they are titled and each party waives any right, title or interest they may have
in the other parties' assets.
4. AUTOMOBILES
The parties are the owners of various automobiles. Husband and Wife agree that these
automobiles shall be the sole and separate property of the person in whose name they are titled and
each party waives any right, title or interest they may have in the other parties' automobile. Each
party shall be responsible for any loans on their vehicle.
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5. REAL PROFERT)'
Wife is the ?wner of reiL! property located at 3 Coventry Close, Camp Hill, Cumberland
County, Pennsylvallla 170 II. Husband hereby releases any right, title and interest of any nature that
he may have to this real property.
Husband is the owner of real property located at 250 Reeser Road, Camp Hill, Cumberland
County, Pennsylvania 17011. Wife hereby releases any right, title and interest of any nature that she
may have to this real property.
Each party agrees to execute any documents requested by the other to confirm the terms set
forth herein'.
6. ADVANCE COMPOSITE PRODUCTS
Husband is the owner of a business entity known as Advance Composite Products which is
involved in the manufacture of components from reinforced plastic. Husband expressly agrees that
Wife shall be held harmless and indemnified from any and all liability of any nature related to this
business entity regardless of whether liability, debt or transaction may have occurred. Wife agrees
that she has no right, title or interest in this business entity and agrees never to assert any claim to
such entity in the future.
7. LEGAL EXPENSES
Husband agrees to pay to Wife the sum of$I.800 in payment of the expenses that she has
incurred rdated to this divorce action. This amount shall be paid such that Husband shall pay to Wife
the sum of 5900 within thirty (30) days from the date of execution of this Agreement and the
remaining $900 to be paid within thirty (30) days thereafter. This shall be the full extent of Husband's
liability to Wife for these expenses.
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SECTION V
CLOSING PROVISIONS AND EXECUTION
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 hereby, the parties hereto have
set their hands and seals the day and year first written above.
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