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HomeMy WebLinkAbout01-0653 FX "", . . . . . . . . . . . . . . . . . . . . . . . . . . " - ),"_1 1_, "" "_~ -~ ,Jo -""~--, ',',-_,; ., -"'~"o' .;'-." ~ '. ., ;+;;+; ;+;;+;;+; [f. J. [f. [f. [f.;+; ;+;[f.[f. ;+; [f. [f. [f.[f.;+; [f.[f.[f.[f. [f. ;+; [f. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STEVEN A 'l'RAVF.R, No. 01-653 Civil Term Pl:=Jinriff VERSUS TAMMY L. TRAYER, Deferlr1"nt DECREE IN DIVORCE AND NOW, December 31 2001 , iT is ORDERED AND DECREED THAT StpvFm A 'T'r:=JYAr , PLAINTIFF, AND Tammy L. Trayer , DEFENDANT, ARE DiVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAiNS JURISDiCTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FiNAL ORDER HAS NOT YET BEEN ENTERED; ~ The parties I Separation and Prooe:ttv Settlement Aqreement dated October 15, 2001 i~ incorporated herein but not merged. J. PROTHONOTARY . Of. :F.[f. [f. [f. :F.Of. Of. Of. [f. [f. [f. [f. [f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ""'-'..cl~~'>i.~!!J1Hl~ "'~~R--l!li:1"I!;~~\l~$l';'~"'~ ~-.~"',- .....""""'"'~MG-" ..~ ,- " ~.. '.-.- -. , ~ . .. ., *\ , ~ ~ fVL~ to:'\?S~ ~~ fYl~ +o~ ~=t ~- - "11 '" , ~-' ~ "-~- ,~ ", "" ~> . . , , , ~ ~ i.... , .,. -.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the l day of J t1.?C;-- ,2002, before me, the undersigned officer, persolll!!lyappeared Steven A. Trayer, knov;( to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. .IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Karisa J. Lehman, Notary Public Carlisle Bora, Cumberiand County My Commission Expires Aug. 25, 2003 COMMONWEALTH OF PE},'NSYL VANIA: COUNTY OF CUMBERLAND On this the~ day of '--r11~, 2002, before me, the undersigned officer, personally appeared Tammy L. Trayer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIALSEAl. KANDt L LENKER, NOTARYPUBUC CARUSLEBORO, CUMBERlANDCOUN1Y MVCOMMtSSION EXPIRES FE9!IUARY2O, 2005 I-~ Initials , ~~"~~.ffMbi'd-i!fl~'i",h~1i8rOO.iii!,~i;~~!!lli!1;i\,'JM!<~lkc-",J'-'j'",_"",;_-""lo'i'~i;;i"'l~,m~ffi.'11~~Ml tv -,,~~ 'It 1~~ -'" -~ll.Wiii. . _ ....'~O .. -: r---~-.,.._._"." """'-~,--_.., J.A:!Bv"i"'A ) OUm,P:IVF,/'i"~~7~~ n3;~',' '':;; Jnn-fA)f _ Yr:ii,-;O~)(W'i\..:n:.,f~lj,1 ,(.\.~';!5 ELiBiJnAO I i- ")"" ('"',m,. ."vy-,-, --".-'. -, ," "'- I ,,-.:~'..~~:,~=,_~t'~', .;t:,':;<'i ,.'_,;- d_.),. 'C;,:~,'~I\4MOOVM ... ''''.,'''_", ..-,,'~o, __" '''''~~'''''''''''''''''''_,~.,,", " ," Ii "I _. ...,. .~\ ,11 "-- "~~~ ~,~ ~" . I " '0' ,~ . , , , r- t"t~'r 0 1 ?"II' .('.,vJ, STEVEN A. TRAYER, Plaintiff" vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J&J \) 2DllZ CIVIL ACTION - LAW : NO. 01-653 CIVIL TERM : IN DIVORCE TAMMY L. TRAYER, Defendant, ''7';- QUALIFIED DOMESTIC RELATIONS ORDER The parties having reached an agreement as to the division of a private 401 (k) benefit plan in which Steven A. Trayer is a Participant; Il' IS HEREBY ORDERED, ADJUDGED AND DECREED that a division and disposition of the 401(k) benefit plan identified below shall be and is made according to the provisions of the domestic relations law of the Commonwealth of Pennsylvania and of Sections 401(a)(13) and 414(P) of the Internal Revenue Code of 1986, as amended (hereinafter the "Code"), relating to Qualified Domestic Relations Order as follows: 1. Steven A. Trayer (hereinafter the "Participant") is a Participant and has an interest in an account with Ametek 401(k) Plan for Acquired Businesses known as a 401(k) retirement plan (hereinafter the "Plan"). 2. Tammy L. Trayer (hereinafter the "Alternate Payee") is the spouse of the Participant in a pending divorce action to the above-docketed action and is hereby designated as the Alternate Payee of Participant's interest in an account under the Plan pursuant to Sections 401(a)(13) and 414(P) of the Code, to the extent provided inthis Qualified Domestic Relations Order. 3. It is hereby ordered that Alternate Payee shall have and receive, and the Plan Administrator and/or trustee of the Plan are directed to pay to the Alternate Payee from the Participant's :1LA Initials , " '" ' , , account under the Plan, promptly after receipt and acceptance of this Qualified Domestic Relations Order, the sum of FOUR THOUSAND EIGHT HUNDRED THIRTY-EIGHT AND 50/100 ($4838.50) DOLLARS (hereinafter the "Single Sum Payment"). If directed by Alternate Payee, the Plan Administrator and/or trustee of the Plan are hereby authorized and directed to pay the Single Sum Payment to Alternate Payee's Individual Retirement Account, an account under Alternate Payee's employer's qualified plan, or designate the payment as a separate account under the Plan, as applicable and permitted undercurrent law and the terms of the Plan. This Single Sum Payment paid from the Participant's account and deposited to the account of Alternate Payee, or segregate within the Plan in Alternate Payee's name, is non-taxable as an authorized rollover from one qualified retirement plan to another qualified retirement plan. This amount designated in this paragraph as a Single Sum Payment shall accrue pro rata interest or gain from the time of acceptance of this Or~er by the Court pursuant to any gain that the account of Participant had experienced as a whole. 4. In the event of Participant's death prior to the Alternate Payee's receipt of the Single Sum Payment pursuant to Paragraph 3 above, Alternate Payee shall continue to be treated, in accordance with Section 414(p X 5) of the Code, as the Alternate Payee of Participant for the purposes of and under the Plan with regard only to the unpaid amount, if any, of the Single Sum Payment. In the event of the Alternate Payee's death prior to the receipt of the Single Sum Payment pursuant to paragraph 3. above, the Single Sum Payment shall be paid to Alternate Payee's estate or her designated beneficiary as permitted by the Plan and pursuant to documentation in effect at that time. 1-~ Initials "-. I I I I , I I I i I I I ~ I , I I I J.~""" "'" ,-. l-,. ,- -" .jJ:,;: 5. The name, last known mailing address, and date of birth of the Participant is as follows: Steven A. Trayer HI Trayer Lane Carlisle, PA 17013 Participant's social security number is 196-48-3881 and date of birth is July 21,1961. 6. The name, mailing adCli-ess, ancf"date of birth of Alternate Payee is as.Jbllows: Tammy 1. Trayer 112 Macbeth Avenue Carlisle, P A 17013 Alternate Payee's social security number is 210-44-6394 and date of birth is June 2, 1962. 7. The Plan to which this Qualified Domestic Relations Order relates is the Ametek 401(k) Plan for Acquired Businesses, Account Number 196-48-3881. 8. Nothing in this Order shall be construeCl to require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or to provide benefits to Alternate Payee in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to Participant if the Order did not apply. Except for the interest awarded herein to Alternate Payee as an Alternate Payee, this Qualified Domestic Relations Order shall have no effect on Participant's remaining interest in the account under the Plan or on his/her future interests in an account under the Plan. Alternate Payee shall not be entitled to Participant's interests in the Plan that are already required to.be paid to another Alternate Payee under another domestic relations order previously determined to be a Qualified Domestic Relations Order; however, Participant has represented that no rfA- Initials - 1. ~ ~'" -" '" L_ ' <, - 1l1i1lritiz,; l such previous Domestic Relations Order exists. Any provisions of this Order that are construed to be in conflict with the provisions of this paragraph should be null and void and have no effect. 9. Alternate Payee shall notify in writing the Plan Administrator and/or trustee of the Plan of any changes in hislher mailing address. 10. It is the intention of Alternate Payee and Participant that this Order shall qualify as a Qualified Domestic Relations Order within the meaning of Section 414(P) of the Code and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended (hereinafter "ERISA"), and that whenever the provisions hereof are inconsistent with the definition of a Qualified Domestic Relations Order as may be contained from time to time irl the Code or ERISA, this Order shall be amended, from time to time as may be necessary, to comply with the requirements for Qualified Domestic Relations Order under the Ccxle and ERISA or regulations promulgated thereunder and to cause this Order to be accepted as a Qualified Domestic Relations Order by the Plan Administrator of the Plan. The Court retains jurisdiction to amend this Order to so comply. 11. In no event shall Alternate Payee have greater right than those which are available to Participant. 12. Any reasonable cost incurred by the Plan Administrator to effectuate the terms or provisions of this Order may be assessed against the party requiring the services of the Plan Administrator. In the event both parties require services of the Plan Administrator, such expenses shall be divided equally between them. 13. It is hereby ordered that a true copy of this Qualified Domestic Relations Order be served upon the Plan Administrator and the trustee of the Plan and that the Qualified Domestic . ~~p Initials "',-- ,~ - - I,~ " "" '-."''<;0, '. . I Relations Order shall be binding on the Plan Administrator and the trustee according to the laws of the Commonwealth of Pennsylvania, the Code and ERISA. Participant and " Alternate Payee are ordered to comply with the terms of and spirit of this Qualified Domestic Relations Order. 14. The -Co.urt further retains jurisdiction to supervise the implementation of this Qualified Domestic Relations Order and those provisions of the parties' Decree of Divorce regarding division and disposition of Participant's interest in and account under the Plan, and to enter such other orders hereafter as may be required to implement fully this Order and any subseqt: ent Orders of the Court reg~ing th SO ORDERED thiS~ day of ) 1. / APPROVED: 4bh/) /0~~ STEVEN A. TRAYER, Plain' artlclpant ~~~ TAMMY L. YER, Defend . Alternate Payee ~.~. 7/J/o~ ~+-~-"-' ~~.f4, ~~ Initials -'.p, ~~. J ~l('-"I'~";""""""" __ ,_"."e"'''''''_'* ~ ~ .~ til!lilil~:ri:ll\!lii~1'~ ,.",,;I~,,1t'I"iclo<~-''-''''-- --~~ .~~.- JlIi - .>n'-" ~ \71\j\.f!'~ f (-..~ 't r--l \ \\ 'r"r'~;tf~;:\~j~! \::.:1(:: /\.",. ' ".., .'.""'I~~ ,~\ ",,'-' < " .,' .;,' -,,' " ! ..' "'\\,,,1 '''', \' .-) (,(,- '0 ~ I : ;!.---, \:i" .,.....(.. H \1 7'-'':1 '",0 }Jj\jlC\':,';~' ~I~)\ j::.!D-"CET'X;~ ..~ .L I,~~ "-"_>C, ...",' , 'w,-.,~~", . \ ,~' ""'J~~, , ,I ".,,;" , "eJ',"U,/[," 'L.j\ STEVEN A. TRAYER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. {JI- &53 : IN DIVORCE CIVIL TERM TAMMY L. TRAYER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~ '''''''' , STEVEN A. TRAYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ; NO. 0/- ~S'..3 : IN DIVORCE CIVIL TERM TAMMY 1. TRAYER, Defendant COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Steven A. Trayer an adult individual currently residing at 87 East Yellow Breeches, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tammy 1. Trayer an adult individual currently residing at 141 Trayer Lane, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 27, 1985, III Carlisle, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does -->-'~' I I ,~.L .", ~,~ ,^',--, .--='-,," ,,~" ~" 'l~ie not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II - ADULTERY 11. . Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed adultery by having sexual relations with a man individual contrary to her wedding vows and the Plaintiff is the iunocent and injured spouse. WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). . Respectfully submitted, ~cu(~ Mary ou atas, EsqUire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 :'-~ " " , J~ '-00,__ ~1'~'f1lit":'''' VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ;/ ~rjj/ ~~~dA i4'~/) -STEVEN A. TRAYER, PI 'ntiff (A~\ ..... F'I FI") '~'-F'(",- 1.,..,.. --Ur- I\../E 0;:: T'-_:Ir~ '_-!~:'''Y;'t..:r'\.\lEJTARY "'" "".<,1,_:1;' I" o I .IAN 3 I Pl1 3: 18 1 iI I CUMBEr~L/-,>~D COUN1Y PENNSYL\I,~J~!A //~-SZJ~A'~ ...s .aJ//1/' ~",",,"J /g!Js{) p:7c/ .4 / ..-/ I' -=# d?;? r #~ /o7Cii// -~ !~ '1 ~ j ~~ 'if, , , .) " -~-; \;' ~ h~ -~ ~ t~ .~ '1. i:: ~ I ~~ [I "" - ~_:",: r' ~ STEVEN A. TRAYER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TAMMY L. TRAYER, Defendant : NO. 01-653 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 8th day of February, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states certified and true copy of a Complaint in Divorce, was sent to the Defendant, Tammy L. Trayer, at 141 Trayer Lane, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on February 2, 2001. .^ , 7F Mary 0 Attorney Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 NotatIaI Seal Karisa J. Lehman, fIIc!lar1' Public Cadlsle BolO, Cumbllllana County My Commission Expires Aug. 25, 2003 . I iIJ ~ -~ ',i 'l ..' ~ ~ I I. '~.'.' . i ,"l! r:; i I ~ .' F;LED.-{)I~FiCC: 0: ~-: r ;:':-::C\T:-:',:]",!Of,A,RY " /11\ 01 FFR -Q P:'l I: '11< ~~~t " . \.,v " ~ " CUMbt=,~LfJ'd) COUN1Y PENNSYLVANIA ; I" "'- -;' "?- - -'-, -"'-:~ -"'~.. ",' - , -COrlip1$te'ilEims 1, 2, and, 3, Also complete item 4 if lj:Jestricted Delivery is desired. ~" . Print your na.me and address on the reV8'f6 so that ~l~' c~"--return the card to you. . ; . Attach fnis card to the back of the mailpiece. or M thd front if space permits. 1. Arti~le Addressed to: . 1itm. my L. ./rIL'fty , I4l 'I ro..ye,y LcfV\e Ccw'\\s It { fA \10\~ , l 3. t8 ice Type Certified Mail Registered o Insured Mail 4. Restricted Delivery? (Extra Fee) 2. ArtiC'!.!J'5'o7fop~~rviCeJO(jz1--Z:j/Z. -4'6l') pS ForO! 38.11 , .~Iy 1 99g ~l1Jestl~ Re'urn Receip' ru ..... ...~ ,~ c::J c::J c::J ..n c::J ,U1 ru '" "'" Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ c::J c::J c::J ~ ........---- '- "~j>.P'ES'Z~ ~.. Ff,pm -') 1 1""". I 1 I \:~OJ.., .I (.Sp,-, ...- ~--" 102595-00-M-0952 '-i' _,_-~ _'",-,~ >~ ' -~ ~._',-" + , F:LE[,)-O~:F!CE .,.- ". ., .... ','C' ..-"ArUM U;-' ''':.. :--:--:1..." :."'!'.JI'~u.t\n I Oi FFB -9 PH I: 38 CU' .""".' . ..-. ("0' I'rfY . lV:UC(';U~\iL) \...r Ul\ PENNSYLVANIA I I J I -~ ~ Ai . f,) :! -~ -:1 . ~ .J! j I ! i. l ~ il , 1 .~ , . ~ f ~ SAlOIS SHUFF, FLOWER & LINDSEY ATI'ORNEYS.AreLAW 26 W. High Street Carlisle, P A I'll '.",.-. '-l .', ;.,~,_ ,C:;",d; '._,,"-,',j',.. 'IT'- ~~. ,: , . - c i~" ,. STEVEN A. TRAYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 0 1 - (p~~ CIVIL TERM CIVIL ACTION - LAW V5. TAMMY L. TRAYER, Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, TAMMY L. TRAYER, in the above captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: / ar I J. Lindsay, Es uire 44693 26 West High Str Carlisle, PA 17013 (717) 243-6222 II ,~>,,"" ~ ......... -="""""4"".'0 ", ,- . . STEVEN A. TRAYER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-653 CIVIL TERM : CNIL ACTION - LAW TAMMY 1. TRAYER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under ~330l (c) of the Divorce Code was filed on January 31,2001, and served on February 2, 2001. 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 fmal Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA VII 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: /~I;.-Jj t?/ .~~4)A_~~ STEVEN A. TRAYER, Plainti (,-- It- , F;t,ED-~Oi,:r=ICE r- :-;C) --r"-':~)!\iD T ARY 01 OEC31 P~13:52 CUMBERLAND COUNiY PENNSYLVANIA 011 ~ . . I 1:1 ~ ~ I i I I !II :"" '~:--". , - c.. W"",,__"'''',''_ I,' " . . STEVEN A. TRAYER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01-653 CIVIL TERM : CIVIL ACTION - LAW vs. TAMMY 1. TRAYER, Defendant ; IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY dF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: (i//~/~/ _ d~)4: ~ STEVEN A. TRAYER, Plaintiff ;"' - ,~ - F":\ f"'H"\~\,"\r\: (c. . -:; '~.:':'. '''.-." ~~TI'!RJ 1! ! ~ " " i-'.'. t~~.J It\ i 0\ DEe 3 \ PI"\ 3: 52 CUMBEFiLi~~D couNTY PENNSY\)IANIA ; I i \l! 1ti ! I "I~ :' ~ ." ~ l ~ .. '-'Ifo, . ;,;i"~,,,,",'"~' ~. - :;;,." , ~~."'1:"" " - . , STEVEN A. TRAYER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-653 CIVIL TERM : CIVIL ACTION - LAW TAMMY L. TRAYER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on January 31,2001, and served on February 2, 2001. 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 VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: lJ--/5(){ <'- -:h(}\fY1~ 0741p TAMMY L. T R, Defendan .:-::-r,;o=~-=,,"==~-~ .- . F\LEO-O'i:r-'\CE OF ?1DTi'eliJT(IRY ; 0\ DEe 3\ Pt\ 3: 52 CUMBERLAND couNTY PENNSYLVANiA I I 'I I I I I ! i .......1... .. - -' . ." '-1i1iI~';" t q'f, ., -I '. ., STEVEN A. TRAYER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01-653 CIVIL TERM : CIVIL ACTION - LAW TAMMY L. TRAYER, Defendant : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE . 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary . I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE .MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 11-(fiDJ 0m. 9#:i ~,J\~J) TAMMY L. YER, Defend t ~,~."'-''',:'''','c'~, ~, -- (:1 !:T~'-()~1:1Cf. OF '}:' iHJNOTNlY D I DEe 3 I PI'I 3: 52 CUMBERLAND COUNTY PE~~NSYLVANIA . -", w- - (':;" ~ '" " ' <- - - - "'.....- .. , , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this {5'#I day of OO-/eJbu- , 200 I, by and between STEVEN A. TRAYER, of 87 East Yellow Breeches, Carlisle, Cumberland County, Pennsylvania, 17013, party of the first part, hereinafter referred to as "Husband," AND TAMMY L. TRAYER, of 141 Trayer Lane, Carlisle, Cumberland County, Pennsylvania, 17013, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on July 27, 1985, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division Page 1 of 17 '- ~'I " " " J " -.,-" "'- ~~-I j -,~ , > of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made Page 2 of 17 " ~ I~ .-c_C_-' ,~ ~~" '. .. subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement . shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or Ullenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. Page3 of 17 r-l .,,~, , ; . .,.\+'.-'"'" --' ~>- T '> -- ~'"'> . 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set fortb in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. Page 4 of 17 . " " , ~'l " I "-'~~h~' o. ,,", -~, . 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties agree that Husband shall retain the personal property items listed on the attached list, attached hereto and incorporated herein by reference as "Exhibit A". All other property not specifically mentioned will remain in Wife's possession. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequentlv Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage PageS of 17 'j~ ' - "^ ~ , " - - " -~-'" ,- " -.- "'Jl'J-'i; relationship. 3.6 Real Estate. The parties are the joint owners of real estate located at 141 Trayer Lane, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due and owing to M&T Bank requiring the monthly payment of approximately FIVE HUNDRED AND OO/LOO ($500.00) DOLLARS. Upon presentation to wife through counsel of a special warranty, fee simple Deed conveying all of her right, title and interest in the aforesaid property to Husband, Wife will execute that Deed to be retained by her counsel in escrow until such time as Husband refinances the aforesaid mortgage. Upon the refinancing of the M&T Bank mortgage, thereby removing Wife's name as a responsible party on that loan, counsel for Wife shall immediately release the Deed to Husband contemporaneously with the refinancing settlement so as to allow for the Deed to be recorded in conjunction with the recording of Husband's refinanced mortgage. In addition, Husband shall pay to Wife the sum of FORTY THOUSAND AND OO/LOO ($40,000.00) DOLLARS in consideration of her interest in the aforesaid real estate. The aforesaid payment of $40,000.00 shall be held in escrow by Husband's counsel and made payable to Wife upon the end of the three day rescission period after the refinancing. Wife agrees to vacate the aforesaid real estate by or before December 1, 2001. If Wife remains in the property beyond that date, a rental amount shall be due to Husband by Wife in the amount of TEN AND OO/LOO ($10.00) DOLLARS per day, to begin accruing on December 2, 2001 and continuing to accrue until the day that Wife actually vacates e i Iy from the aforesaid property, , 1. Wife agrees that if she has not vacated the property by January ~o . , Husband shall be entitled to initiate an action for Page 6 of 17 ..l"~~'-' ,_I 1. "-" ,;- ,;,"-" , _~ I,' '"_'_~,;, Exclusion Possession, requesting that Wife be Ordered to vacate immediately, against which Wife will not defend. Wife further agrees that, in the event such an action by Husband is necessary, Wife will be responsible for all costs, fees and expenses associated with the preparation, filing and hearing of such action. 3.7 Toxe.~. The parties owe real estate taxes for the property located)if 141 Trayer Lane. -1\ -$('joz. 'NAY Wife agrees to pay to Husband a prorated amount of the tgtalllftivw1L due, calculated from the start of the tax period to the day that Wife vacates that property, on that day that Wife vacates the property. 3.8 Pension. Retirement. PrQjit-Sharing. Except as hereinafter set forth, Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Except as hereinafter set forth, Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Husband owns a 401(k) accountJSPX Savings and Stock Plan with GS Electric Company. Husband agrees to pay FOUR THOUSAND EIGHT HUNDRED THIRTY-EIGHT AND 50/100 Page 7 of 17 I j ".'-' ~'. .uk '. ""'.". ~~'. ($4,838.50) DOLLARS to Wife for her interest in that account. Counsel for Husband will prepare a Qualified Domestic Relations Order within fifteen days of the signing of this agreement to transfer the above referenced sum to Wife. Both parties and counsel shall promptly execute the document as required, including any addendums. 3.9 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 1995 Chevrolet Blazer vehicle and a pontoon boat, which were originally titled in the parties' names jointly. Husband shall execute the title of the vehicles within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' 1991 Buck Skylark, a Bayliner and a 1986 Dodge pickup truck, which was originally titled in the parties name jointly. Wife shall execute the title to the truck vehicle within fifteen (15) days upon request to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. 3.10 Intangible Personal Property. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint Page 8 of 17 - ,"-'--1,- __, i:WJ, t accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. ARTICLE IV ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE 4.1 The parties have each secured and maintained a substantial and adequate fund from which to provide themselves sufficient resources to provide for their own comfort, maintenance and support in the station of life in which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may have, respectively against the other, for alimony, alimony pendente lite, spousal support or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. 4.3 Husband agrees to pay to Wife the amount of FOUR HUNDRED FIFTY AND XX/JOO ($450.00) DOLLARS per month for child support, to begin on November 1, 2001. ~arty has the right to Petition the Court to modify this amount Bll3ed 1IJ'l8B s~ec\ eireumJlauces. Page 9 of 17 ~~ ~<:." " ",," '" . .~ ',j ARTICLE V DEBTS OF THE PARTIES 5.1 The parties acknowledge that they have outstanding debts or liabilities due and owing to a Lowes account, with an approximate date of separation balance of $3, I 04.00, and a Members First Federal Credit Union loan, with an approximate date of separation balance of $8,110.00. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card and loan debt. The parties acknowledge that they have outstanding debts for liability due and owing to a a Fashion Bug account, with an approximate date of separation balance of $241.00, a Master Card account, with an approximate date of separation balance of $6,084.00, a Circuit City account, with an approximate date of separation balance of $1,382.00, a Ie Penny account, with an approximate date of separation balance of $1,764.00, a Boscov's account, with an approximate date of separation balance of $179.00, and a Bon Ton account, with an approximate date of separation balance of $479.00. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debts. Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding Page 10 of /7 OJ"' i.,.., 1,- ~. , ~ - .,,' , 0 '" _ -"-":;ll!:;1i!;,ic obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice Q,f Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's Page 11 of 17 ~ L . ~, ' " ,'. -~~ .-. J!ii:'l.it,;, rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite. counsel fees, costs or expenses, whether arising as a result of the marital relation or . otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Bankruptc;y. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.6, 3.7, 3.8 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 5.13 hereinafter shall be available to the party not filing bankruptcy. Page 12 of 17 ,~ .... . .,,1 -,~ =,--"..;.' .'",.",:. ;~, 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. Page 13 of 17 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, which are in effect. as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.10 SeverabilifJi. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood arid agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. Page 14 of 17 i-1: ~~. - . ~ ~~' ~~~" >'~ i,';_,- ~, '-< 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at. law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. Page 15 of 17 ,-'-.-: -~ - , " ~ '<--' ,- ~,-i.lil!il;'t" IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: /#/<P/ ~~ 4'~~) IDa e ' STEVEN A. TRAYER Jl.85-{)( Date Page 16 of 17 '- . , ' _'..'n ~'.&S'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2001, before me, the undersigned officer, personally appeared STEVEN A. TRAYER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYL VANIA COUNTY OF On this day of , 2001, before me, the undersigned officer, personally appeared TAMMY L. TRAYER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Page 17 of 17 ~" ., ~li L"J HOUSEHOLD ITEMS TO BE RETAINED BY HUSBAND, STEVEN A. TRAYER I. Guns 2. Dining table and chairs 3. Antique table in dining room 4. Gun cabinet 5. All tools in garage 6. Shed 7. Log Splitter 8. Antique clock 9. Flowered Sofa 10. Flowered Chair 11. End tables (downstairs) 12. Coffee table (downstairs) 13. Two lamps (downstairs) 14. 19" Magnavox television IS. Magnavox VCR 16. Television cart 17. Two dressers in master bedroom 18. His grandnlother's china set 19. His grandn1other's depression glass 20. Antique Blanket Chest 21. Hurricane Lamp 22. Comingware Dishes 23. Meyers Cookware 24. Weight Bench 25. Pressure washer 26. Large oak dresser in Megan's bedroom 27. 20hp Craftsman garden tractor 28. 8hp Troybilt rototiller "Exhibit A" " " ,< ',~,," _c. ~diM, . l)t , j;~FiC'E -, '-"-'-'oy 'I": 1!\;!)'1;';\'1 "v... " , DIDte3! P1-l3:52 C/'! "'""" ,. "" (Y"JI"TY VHI;c;th:".f.J,iYLJ ,Ut .. PENNSYLVANiA . ~ , " 1."""-" '. '"L - ....+,u- -''''' "-.'__ ~~ ,1.0 ) . IN THE COURT OF COMMON PLEAS STEVEN A. TRAYER, Plaintiff VS. CUMBERLAND COUNTY, PENNSYLVANIA TAMMY L. TRAYER, Defendant CIVIL DIVISION NO. 01-653 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the courlfor entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified/restricted mail on 2/2/01. , 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff 12/15/01 ; by defendant (b) (1) Date of execution of the affidavit required by ~3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 17/1<;/01 . . 4. Related claims pending: None '.,-..... 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: 12/31 /01 Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: 12/31/01 ~ tv Attorney for Plaintiff I ~ , C!LETJ"OFFiCE OF ,," """"1 '('"o"/"joy i I""::':, :-',";'.' i ;";,,_,'i\I.~.f Ii 1 01 DEe 3/ Pr'! 3: 53 CUMBERLAiiO COUNty PENNSYLVA1\11A . Y%-