HomeMy WebLinkAbout01-0811 FX
" "n,' '. ..'~ ',.;' ~,,'. ,., "", J' ," '" ,.,;', d.';'''' ",." :'" i,~ ",';!,. , ,-, "'., ,,__ ,
,
..
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
Jennifer M. Tyson
Plaintiff
NO. 01-811
2001
VERi;US
Edward E. Tyson
Defendant
DECREE IN
DIVORCE
DEeREED THAT
it cf~9.t e
:~, IT IS ORDERED AND
AND NOW,
M. Tyson
, PLAINTIFF,
AND
Edward E. Tyson
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDiCTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISER OF RE;;CORD 11'1 THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN I;:N'1'ERED;
N/A
.
/P ~~ · J.
~ ..
, ROTHONOTARY
.
.
.
.
.
.
.
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
F/JI/O!
,r~
C€A::! . c.o,u'f m;, ds.rl.. ~ ~ B~,'k...
~t:Ul /I'\~M ~ 'J)Jlj. . .
~
.
"
~ I!llll!!IlJIIIIlWfilI"I!lIIIDiI!'_-r~
~, .....'lifdiJ""'.'l~'W':!lk,""""""" ,",!l~iIIm"".
....__I'I!~~~,,;1jl~~#~~~'~""'=e"~~;>""'...,'..,~,. ", o__'~,' .~,
,"----
"~ ," ,- ,~,
,"',' ',"~', ,'"""',,,'1 - ."" """-~'~' " .' 't '~I~'ir_e"
JENNIFER M. TYSON,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.01-811 CIVIL 2001
IN DIVORCE
EDWARD E. TYSON,
Defendant
SOCIAL SECURITY NUMBERS OF PARTIES
Social Security Number of Plaintiff, Jennifer M. Tyson - # 192-68-1148
Social Security Number of Defendant, Edward E. Tyson - #174-64-1836
, ", ,'., ^-' ~" ," U" ,. =". .~.",. . r ~.,~~. --, "~.~ . " n-~~ll\\!;--:
.. r ~"
JENNIFER M. TYSON,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
; NO.OI- Rlf CIVIL 2001
: IN DIVORCE
EDWARD E. TYSON,
DEFENDANT
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302( d) of the Divorce code, you may request that the court require you
and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A
list of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you
and you are not bound to choose a counselor from this list. All necessary arrangements and the cost
of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling with
twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of
your right to request counseling.
~ .
..
"
J' < ,'. '- ,~ .~, '''' ,,; " ,'*" '" ,',. ."""""">l',,. " ',,' '.,'^
~~,
~.
'.
JENNIFER M. TYSON,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. ()/- VII
CIVIL 2001
EDWARD E. TYSON,
DEFENDANT
: IN DIVORCE
COMPLAINT IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
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:
Office of the Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
-2-
~ TI
"'
,.
k'.' ",
""~ '.c,' "=^ ,--,.'_"<',~ ~""~:'"'1""',",,,,
~;
..< ....
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: (717) 274-6200
AND NOW, comes the Plaintiff, Jennifer M. Tyson, by her attorney, Mary H.
Burchik, Esquire, of the law firm of Buzgon Davis Law Offices, and seeks to obtain a Final Decree
in Divorce, from the above named Defendant, upon the grounds hereinafter more fully set forth.
COUNT I - SECTION 3301(c)
1. The Plaintiff is Jennifer M. Tyson, who resides at c/o 2350 Ellerslie Street,
Harrisburg, Dauphin County, Pennsylvania, 17104.
2. The Defendant is Edward E. Tyson, whose last known residence and present
whereabouts is 191 Ashford Drive, Enola, Cumberland County, Pennsylvania, 17025.
3. The Plaintiff has resided in the Commonwealth of Pennsylvania for at least six
(6) months immediately previous to the commencement of this action.
4. The Defendant has resided in the Commonwealth of Pennsylvania for at least six
(6) months immediately previous to the commencement of this action.
-3-
,~ " '--, ~ j ~' ~ ..,
~ .,......' -- <"
< ",,~', ~ '~ -
..
5. The Plaintiff and Defendant were married on October 12, 1996, in Harrisburg,
Dauphin County, Pennsylvania.
6. There has been no prior actionfor divorce or annulment of the marriage filed by
either party in this or any other jurisdiction.
7. The Plaintiff has been advised of the availability of counseling and has the right
to request that the Court require the parties to participate in counseling.
8. Plaintiff avers that the marriage is irretrievably broken.
WHEREFORE, Plaintiff prays your Honorable Court to enter a Final Decree in
Divorce from the bonds of matrimony.
BUZGON DAVIS LAW OFFICES
By:~i~
Mary H. urchik, EsqUIre
Attorney LD. #69040
525 South Eighth Street
Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
Attorneys for Plaintiff, Jennifer M. Tyson
-4-
,'""
'<-~ ",. ~3' ," ,'> ' "" ,. -c."",,"' ,
,~ .'='. "lIli.t.->fi""'.i'
,
I verifY that the statements made in this Complaint 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.
~/?1~ /Jt V~~
. ifer . yson, Plaintiff
Date: 02 It/Of
-5-
oK'
~f""""""'~ '.....'_~llJjijdl*-.iP1li'~'.,';,--...;'@;<,Wiil:it~~~jf~Q@li.ii&i-~~i.t~ ill
'It
~_.tl'V~ ;~~:
~\IJ
1,.,. ~ ,0
?='p~ ~
ft. ~~~
~ b' ~
C\{'CJ8c
~.lJ I I
~c,.,:t!Y.:l
~'~i-
J
< .~=<,,~.-
--"
~,"~ ^ ~,~ ~ "w', - ."~"
~~C
o
c
z
""t'C;:'
n-IL;.';
7~~
ZC
~>
r;: t:::.
>~-
~Q
L..
z
:;!
i6l
C.:J
()
<n
,''1'1
'.))
t
..D
~,
"
:2;
'-'1
::---:;
I-n
~~~
)'>
:1]
-'-
j"-..)
i"-'
C)
'.
8
.,
"
.... ..-
'.
" ''-' ""'~ ,~,... _~~h' ,,"",'C." '~
Plii*&
.
JENNIFER M. TYSON,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
EDWARD E. TYSON,
NO.01-811 CIVIL 2001
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Grounds for divorce: irretrievable breakdown under 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: Acceptance of service by Christopher
Lucas, Esquire, Defendant's attorney on March 29, 2001.
.',', ',",', "'",'~," '- ",- ,~-,.,~'.,", ,~="',~",, ,c "-='=iir~,
"
........... , .
.
3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce
Code:
by Plaintiff - August 1, 2001
by Defendant - August 1, 2001
4. Related claims pending: N/ A
5. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the
prothonotary: Filed simultaneously with this Praecipe to Transmit Record
Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
prothonotary: Filed simultaneously with this Praecipe to Transmit Record
BUZGON DA VIS LAW OFFICES
BY: ~~~i~
Attorney J.D. #69040
525 South Eighth Street
Post Office Box 49
Lebanon, P A 17042-0049
(717) 274-1421
Attorneys for Plaintiff, Jennifer M. Tyson
""
~~.
~\~
.
-..'-.~
",' "_~',"_"~',_.'_~~___._ 'c__.r~ ,,~"",,'" ~"'_
~l~~Bi1.~~iJi'_'l'HI~"
~~-"'--"'^'" ^'~~,~"','
'" ,. ,~';,J,'..~ "<"~r~
"
. "-
.
0 ,.::> 0
C
..- -n
"Ocr' :D> .<
mrr~ E=) i"'....c...:!
:z :t: I ~."
:ze::- I }.~o
05.- en
.....7.
~t:.: ,'-, I
~~(J
"'Q -1': ~r,
~C -:,. ~S:!:!
-..".
:;:;;0 ~ 70
C arn
Z )j
=< .,..
r" :0
-<
., ., ~ "'
. ~=<
'-
" "
~,~.
,~~,
-
, '~"OO:h
P:\dlb\Domestic RdatiQns\Fonns Property Settlement Agrecments\Bun.::hik\Ty,5on, Jcnnitcr.doc - 3/27/Ul 9:51 'A!Vl
PROPERTY SETTLEMENT AGREEMENT
TIDS AGREEMENT made and executed m duplicate, this I 'Z.
day of
f<{/ Jl.'I:. L.
,7:001,
BY AND BETWEEN
JENNIFER M. TYSO~ (hereinafter referred to as "WIFE"),
AND
EDWARD E. TYSON, (hereinafter referred to as "HUSBAND"),
WITNESSETH
WHEREAS, HUSBAND and WIFE were married on October 12, 1996, in
Harrisburg, Dauphin County, Pennsylvania; and
WHEREAS, one child has been born of this marriage, to wit, Lake E. Tyson, born
March 26, 1997; and
WHEREAS, differences have arisen between HUSBAND and WIFE ill
consequence of which they are living separate and apart from each other; and
WHEREAS, WIFE contemplates entering suit for absolute divorce from
HUSBAND; and
WHEREAS, the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other, including, without
limitation, the settling of all matters between them relating to the ownership of personal property,
EXHIBIT
I A
.
,"~,"'C ~~"^.
-
-
"
~,~ilhj;,:
and in general, the settling of any and all claims and possible claims by one against t4,e other or
against the respective estates.
NOW THEREFORE, for and in consideration of these premises, and of the mutual
promises, covenants, and undertakings hereinafter set forth, and for other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged by each of the parti.es
hereto, HUSBAND and WIFE, each intending to be legally bound hereby, cOVenant and agree as
follows:
1. ADVICE OF COUNSEL. The proVISIOns of this Agreement and their legal
effect have been fully explained to WIFE by her counsel, Mary H. Burchik, Esquire, and to
HUSBAND by his counsel, Christopher S. Lucas, Esquire. Each party acknowledges that he or she
has had the opportunity to receive independent legal counsel of his or her selection and that each
fully understands the facts and his or her legal rights and obligations, and each party acknowledges
and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily, 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 improper or illegal agreement or
agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of
the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3101 et seq., whereby the court has the right and
duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite,
equitable distribution of all marital property or property owned or possessed individually by the
other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of
his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging
that the terms and conditions set forth herein are fair, just and equitable to each of the parties and
~2-
, ~ '~"
~ ~
~......~, ~
'.
1- ~ "" '
'illill;jili~III,IJf;'""
waives his or her respective right to have the Court of Common Pleas of Cumberland ~ounty, or
any other court of competent jurisdiction, make any determination or order effecting the respective
parties' rights to alimony, alimony pendente lite, equitable di3tribution of all marital property,
counsel fees and costs oflitigation, or any other right arising from the parties' marriage.
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or
she is aware of his or her rights to engage in discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the frling of
inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to
engage in such discovery. Each of the parties further acknowledges that he or she is aware of, and
specifically waives, his or her right to have the real and! or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The respective parties do hereby acknowledge, recognize and
accept that there has been full and fair disclosure to the other of his or her income, assets and
liabilities, and each party agrees that any right to further disclosures, valuation, enumeration or
statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to
make or append hereto any further enumeration or statement. The parties hereby acknowledge and
agree that division of the marital assets as set forth in this Agreement is considered fair, reasonable
and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees
for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will
never at any time hereafter sue the other party or his or her heirs, executors, administrators or
assigns in any action of contention, direct or indirect, and allege therein that there was a denial of
-3-
~~'" .
.~
-
"
,~ ~
], = '''""'"'''tiilllmlilil.liilll:"-k:
any rights to full disclosure, or that there was any duress, undue influence, or that there w~ a failure
to have available full, proper and independent representation by legal counsel.
3. PERSONAL RIGHTS. HUSBAND and WIFE may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority, direct or
indirect, by the other in all respects as fully as ifhe or she were unmarried. Each party may reside at
such place or places as he or she may select. Each may, for his or her separate use or benefit,
conduct, carry on or engage in any business, occupation, profession or employment which to him or
her may seem advisable. This provision shall not be taken, however, to be an admission on the part
of either HUSBAND or WIFE of the lawfulness of the cause which led to, or resulted in, the
continuation of their living apart. HUSBAND and WIFE shall not molest, harass or disturb each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or
disposition of any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DNORCE. The parties acknowledge that WIFE intends
to file a Divorce Complaint in the Cumberland County Court of Common Pleas raising, inter alia, a
claim for divorce under Section 3301(c) of the Divorce Code. It is the intention of the parties that
by the execution of this Agreement they have satisfactorily resolved between them all economic
claims raised by either of them in the pending divorce action. WIFE agrees that she will sign and
file an Affidavit of Consent to the divorce and agrees to execute a Waiver of Notice of Intention to
Request Entry of Divorce Decree, when the Divorce Code permits. Likewise, HUSBAND agrees
that he will sign and file an Affidavit of Consent and a Waiver of Notice of Intention to Request
Entry of Divorce Decree, when the Divorce Code permits. WIFE's counsel shall file a Praecipe to
-4-
--
"~
,
,-'" ,c,
<"".--';':,.,;:
Transmit Record, Vital Statistics fOlm and any other documents necessary to precipitate entry of the
mutual consent no-fault divorce decree.
5. EQUITABLE DISTRIBUTION.
(a) Furnishings and Personal Property.
(1) As of the date of execution of this Agreement, WIFE sets over,
transf~rs and assigns to HUSBAND, all of her right, title, claim and interest in and to all of the
furnishings and personalty located in his current residence or in HUSBAND's possession and
control wheresoever located, including but not necessarily limited to all furniture, furni,hings, rugs,
carpets, household appliances and equipment, clothes, jewelry, personalty and other items of
tangible property of whatever nature currently located in his current residence or elsewhere.
(2) As of the date of execution of this Agreement, HUSBAND sets over,
transfers and assigns to WIFE, all of his right, title, claim and interest in and to all of the furnishings
and personalty located in her current residence or in WIFE's possession and control wheresoever
located, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household
appliances and equipment, clothes, jewelry, personalty and other items of tangible property of
whatever nature currently located in her current residence or eisewhere.
(b) Motor Vehicles and Motorcvcle.
(1) WIFE agrees that HUSBAND shall retain possession of and receive
as his sole separate property the 2000 Volkswagen Beetle automobile, along with all rights and
obligations under the said automobile's lease agreement, and under any insurance policy thereon
and with all responsibility for payment of any outstanding liabilities or indebtedness pertaining
thereto and insurance thereon, free of any right, title, claim or interest of WIFE.
-5-
~ ~.
.
-
~-, .'~ " ~ "'~'""..'
'.....~.>"l ~:
(2) WIFE agrees that HUSBAND shall retain possession of apd receive
as his sole separate property the 1997 Honda Elantra automobile, along with all rights under any
insurance policy thereon and with all responsibility for payment of any outstanding liabilities or
indebtedness pertaining thereto and insurance thereon, free of any right, title, claim or interest of
WIFE.
(3) WIFE agrees that HUSBAND shall retain possession of and receive
as his sole separate property the motorcycle, which is currently in HUSBAND'S possession, along
witb all rights and obligations under any insurance policy thereon and with ail responsibility for
payment of any outstanding liabilities or indebtedness pertaining thereto and insurance thereon, free
of any right, title, claim or interest of WIFE.
(4) WIFE and HUSBAND agree to execute, acknowledge and deliver
within thirty (30) days upon request of the other, any and all instruments or documents necessary to
effectuate the transfer of any of the vehicles and motorcycle pursuant to the terms of this
subparagraph.
(5) HUSBAND agrees that he will indemnify and hold WIFE and her
property harmless from any liability, costs or expense, including attorneys fees, incurred in
connection with the vehicles and motorcycle to be retained by HUSBAND by the terms of this
subparagraph.
(c) Pension/Retirement Funds. Except as set forth hereinafter, as of the date
of execution of this Agreement, WIFE agrees to relinquish any claims that she may have in any of
HUSBAND's retirement funds including but not limited to his 401(k) plan with an approximate
balance of Seven Thousand Five Hundred ($7,500).
-6-
,,<
l, ~'"
~'. 1~MillitffiJiw"
(d) Cash Accounts and Other Funds.
(1) WIFE agrees that HUSBAND shall retain as his sole and
separate property, free from any claim or right of WIFE, the parties' savings account with an
approximate balance of Six Thousand Dollars ($6,000).
(2) WIFE agrees that HUSBAND shall retain as his sole and
separate property, free from any claim or right of WIFE, any cmer bank account presently in his
name or that was in his name at or before the time of separation of the parties.
(3) HUSBAND agrees t.lJ.at WIFE shall retain as her sole and
separate property, free from any claim or right of HUSBAND, any bank account presently in her
name or that was in her name at or before the time of separation of the parties.
(e) Miscellaneous Property. Any and all property not specifically addressed
herein shall be hereafter owned by the party to whom the property is titled, and if untitled, the party
in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of
any and all rights in such property from each to the other.
(t) Assumption of Liabilities.
(1) WIFE agrees to assume, timely pay and be responsible for the
payment of HUSBAND's credit card charge of Three Hundred Eight Dollars and Forty-One Cents
($308.41) for labor and repairs performed on his 1997 Hyundai Elantra. WIFE further agrees to
assume, timely pay and be responsible for the payment of HUSBAND's credit card charge at the
Camp Hill Bon Ton Department Store of One Hundred Dollars ($100). In consideration of WIFE's
agreement to pay these two aforesaid credit card charges, HUSBAND agrees not to seek
reimbursement from WIFE for any mileage overage on the Volkswagen lease agreement.
-7-
-
, ~.- ,,~--,~
>' "~--"":I
(2) Except as otherwise set forth herein, HUSBAND agn~es that he
shall be solely responsible for all debt he has incurred in his name alone, including, but not limited
to, HUSBAND's school loans. HUSBAND agrees that his school loans shall be considered a non-
marital debt. HUSBAND further agrees till>.t he will indemnify and hold WIFE and her property
harmless from any liability, cost or expense, including attorneys fees, associated with these
obligations.
(3) Except as otherwise set forth herein, WIFE agrees that she shall
be solely responsible for all debt she has incurred in her uame :llone. WIFE further agrees that she
will indemnify and hold HUSBAND and his property harmless from any liability? cost or expense,
including attorneys fees, associated with these obligations.
(4) Unless otherwise provided herein, each party hereby assumes the
debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this
Agreement, and each party agrees to indemnify and hold harmless the other party and his or her
property from any claim or liability that the other party will suffer or may be required to pay
because of such debts, encumbrances or liens.
(g) Liability Not Listed. Each party represents and warrants to the other that
he or she has not incurred any debt, obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement
will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party
agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations and liabilities.
-8-
-
;. '~,
,~~..t""l 4~~"'~i!"_
(h) Indemnification of Wife. If any claim, action or proc~eding is
hereafter initiated seeking to hold WIFE liable for the debts or obligations assumed by
HUSBAND under this Agreement, HUSBAND shall, at his sole expense, defend WIFE against
any such claim, action or proceeding, whether or not well-founded, and indemnify her and her
damages or loss resulting therefrom. includin~, but not limited to, costs of court and actual
attorneys fees incurred by WIFE in connection therewith.
(i) Indemnification of Husband. If any claim, action or proceeding is
hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by
WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any
such claim, action or proceeding, whether or not well-founded, and indemnify him and his
damages or loss resulting therefrom, including, but not liruited to, costs of court and actual
attorneys fees incurred by HUSBAND in connection therewith.
G) Warranty as to Future Obligations. HUSBAND and WIFE shall take all
steps necessary to assure that no credit cards or similar accounts or obligations exist which provide
for joint liability. From the date of execution of this Agreement, each party shall use only those
credit cards and accounts for which that party is individually liable and the parties agree to
cooperate in closing any and all accounts on which joint liability may be incurred. HUSBAND and
WIFE each represents and warrants to the other that he or she will not at any time in the future incur
or contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other
and his or her property harmless from any liability, loss, cost or expense whatsoever, including
attorneys fees, incurred in the event of breach hereof.
-9-
'~
~ c " ~
~ ,I..", '"_. ~
"'..J.. .'_'c;';' -". ""~'~'~~o,'
6. COUNSEL FEES. Each party specifically waives his or her ri~t to seek
contribution from the other toward his or her counsel fees, costs and expenses.
7. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT OR
MAINTENANCE. HUSBAND and WIFE do hereby waive, release and give up any rights they
may respectively have against the other for alimony, alimony pendente lite, spousal support, or
maintenance, wh~ther such rights or claims be past or future rights or claims. It shall be, fi:omthe
execution date of this Agreement, the sole responsibility of each of the respective parties to sustain
themselves without seeking any alimony, alimony pendente lite, spousal support or maintenance
from the other party.
8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, effective upon the execution date, HUSBAND and WIFE each
waive all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the tenns of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania
Divorce Code.
9. WAIVER OF BENEFICIARY RIGHTS. Unless otherwise specifically set
forth in this Agreement, HUSBAND and WIFE each waive all rights to any asset, benefit or like
progrlUll carrying a beneficiary designation which belongs to the other party l\llder the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
-10-
'.Mlo" ,.
. ~
"
-
-
."
,
~-Lf-
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final paychecks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any benefi ciary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to be named as a beneficiary and no alternate beneficiary is
otherwise designated, t.he beneficial]' shall be deemed to be the estate of the deceased party.
10. RELEASE OF CLAIMS.
(a) HUSBAND and WIFE acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to ~3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in
or to property transferred to the other party pursuant to this Agreement or identified in this
Agreement as belonging to the other party and each party agrees never to assert any claim to said
property or proceeds in the future. However, neither party is released or discharged from any
obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or
right of the other all items of personal property, tangible or intangible, acquired by him or her from
the date of execution of this Agreement, with full power in him or her to dispose of the same fully
and effectively for all purposes.
-11-
'~~.
~'-
'~. "',,
...-~ ,~~J,
(b) Each party hereby absolutely and unconditionally releases ~d forever
discharges the other and the estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter has for past, present or future
support or maintenance, alimony pendente lite, alimony, equitable distribution, spousal support,
counsel tees, costs, expenses and any other right or obligation, economic or otherwise, whether
arising out the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1990, its supplements and amendments, as well as any other law of
any other jurisdiction, except, and only except, all rights and obligations arising under this
Agreement or for the breach of any of its provisions.
(c) Except as otherwise provided herein, each party hereby absolutely and
unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or obligations
arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter
arising. The above release shall be effective regardless of whether such claims arise out of any
former or future acts, contracts, engagements, or liabilities of the other, or by way of dower, curtesy,
widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or
the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as
testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any state, co=onwealth or territory of the United
States, or any other country.
11. MARITAL INCOME TAX OBLIGATIONS AND PRESERVATION OF
RECORDS. Each party will keep and preserve for a period of four (4) years from the date a
-12-
~'~. '
.
, ,L
i,
k,
divorce decree is entered all financial records relating to the marital estate, and each party will
allow the other party access to those records in the event of tax audit. In the event that the
Internal Revenue Service or other taxing authority seeks to impose taxes, penalties, and/or
interest as a result of joint tax returns filed during the marriage, HUSBAND shall indemnify and
hold WIFE harmless against any liability whatsoever related to any such taxes, penalties and
interest on any income he earned resulting in said additional liability and WIFE shall indemnify
and hold HUSBAND harmless against any liability whatsoever related to any such taxes,
penalties and interest on any income she earned resulting in said additional liability .
12. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
13. SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect without being impaired or invalidated
in any way.
14. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all reasonable costs, reasonable expenses and
reasonable legal fees incurred in the enforcement of the rights of the non-breaching party.
15. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
-13-
~. <J~
,.",
Iltf..r.~";:
16. NOnCE. Any notice to be given under this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to WIFE will be sufficient if made or addressed to the following: c/o 2350
Ellerslie Street, Harrisburg, Pennsylvania, 17104, and to HUSBAND if made or addressed to the
following: 191 Ashford Drive, Enola, Pennsylvania, 17025, and each party may change the
address for notice to him or her by giving notice of that change in accordance with the provisions
of this paragraph.
17. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to choice of law provisions) in effect as of the date of execution of this
Agreement.
18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their respective heirs, executors, administrators, legal representatives,
assigns, and successors in any interest of the parties.
19. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement, including other documents to which it refers; that he or she has
had the opportunity to discuss its provisions with an attorney of his or her own choice, and has
executed it voluntarily; and that this instrument expresses the entire agreement between the
parties concerning the subject it purports to cover. This Agreement should be interpreted fairly
and simply, and not strictly for or against either of the parties.
20. PRIOR AGREEMENTS. The parties specifically agree that this Agreement
shall supersede any and all prior agreements between the parties.
-14-
"~ ~
"""
. '.. i.........__,
"",'~, ,
~I'= "Mi>
21. INCORPORATION OF EXHIBITS. All exhibits and other instruments
..
referred to in this Agreement are incorporated into this Agreement as completely as if they were
copied verbatim in the body ofit.
22. MUTUAL COOPERATION. Each party shall on demand execute and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance
policies or other benefits or assets, tax returns, pensions and other documents, and shall do or
cause to be done every other act or thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party unreasonably fails on demand to
comply with these provisions, the party shall pay to the other party all attorneys fees, costs and
other expenses actually incurred as a result of such failure.
23. 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 each have
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.
24. EFFECTIVE DATE. This Agreement shall be effective and binding upon
both parties on the execution date of this Agreement.
25. AGREEMENT NOT TO BE MERGED. This Agreement shall survive any
divorce decree entered with respect to the parties and shall be incorporated into any final decree
of divorce of the parties for purposes of enforcement only, but otherwise shall not be merged into
said decree. The parties shall have the right to enforce this Agreement under the Divorce Code
of 1980, as amended, and in addition, shall retain any remedies in law or in equity under the
-15-
, , ~
..~'
, ~~
, ,
~=
M".'O." ,~~,' '''~~,>
Agreement as an independent contractor. Such remedies in law or equity specifically are not
waived or released.
26. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT OR
REMARRIAGE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife, attempt to effect a
reconciliation or remarry. This Agreement also shall remain in full force and effect in the event
of a divorce of the parties. This Agreement shall continue in full force and effect and there shall
be no modification or waiver of any of the terms hereof unless the parties in writing execute a
statement declaring this Agreement or any term of this Agreement to be null and void. Both
parties agree to execute consents to divorce contemporaneously with the execution of this
Agreement.
27. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
28. COUNTERPARTS. This Agreement may be executed in counterparts, each
of which will be an original and which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written, with the intention of being legally bound hereby.
WITNESSES:
~~~Z(A_
,~ ~
" ,'./ .?jI ,
.~.TYN
V~t-~
EDWARD E. T~N
(SEAL)
(SEAL)
-16-
~ik~i"M'ik.'iM~IMj,itl~I#k--,,,~,,;"'~""'i,,_\,,,"!;J-?,",,,,,j;;,,,,!,,blj;b.iucl;:,,,"",',0\i"h",/;;,"H"'"~II",;jJEL''ili':P"t;;;u",.Jr..'''r,}:i..ik'llt4;mi:~1'''"-,,,,,,,,", . ", 'Ul_~~ ~" iIlll1lMJII:."i11'l_IMI~~!tiJ-' '~'iitllllill~'__T.o",""~~~"""",,,_, ",,",' _',i,~ ,,,......~,
o
c::
:>
--.-::0.-
,..}:!c:/
S/U'J
2-r'
Co:):'"
;::See
~ ~'
~o
ji;;O
c::
~
-<
~~
".
~" " ~, ,~
h~
'-
C.:J
-
o
--,.,
.--/
i~i:r:;
f--..
~f{t~i
(J(L
:T! "'r:
i-j ..,.,
''0.<'''5
Oi"T)
35
-~
1:>.
"-
.75
0.....
-0
::f~:
0}
z:-
,
,--
, --" "',.'" ." ",,-,~,"'-","" '''o',~, " ,'. "<"" .J;;.;, ..1
"
-..
JENNIFER M. TYSON,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
EDWARD E. TYSON,
: NO.
01-811
CIVIL 2001
DEFENDANT
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, CHRISTOPHER LUCAS, ESQUIRE, do hereby accept servIce of the
Complaint in Divorce filed on February 9, 2001, in the Prothonotary of Cumberland County,
Pennsylvania, on behalf of my client, Edward E. Tyson, Defendant. I certify that I am authorized
by my client to acceptance service of the Complaint in Divorce.
-=--
'~~'--
;;:-----
CHRISTOPHER LUCAS
Date: :'<, J I q J D I
1f4
~~_~'~""""'~W1!}~"l!i;;iIfi~~__~~fiJ!~~.oo:~"">illi"=h"i..rl'~'~~
~
~?"'~Lh~~" " ~
. P,. ~.= . _,_~ ,,,<. ''f'.,
..
"
..~
,., ~"",. ,~, J.
~ ..;;",,,,,,,...;.,.;..,,,
....;...1
~' ~~
t:i..:.4J--,-~" "~
(2 ,'-,
L
"-"
'-
'" c
rn [~'
--. '-'J
/::..
0; (:.:'
~~: -~
Z \..:
r"'.
>: (~~ ..-....
Z
'..-
....( ,'-
,"
-
',.
I~
","
',"
~~ '" '
''" ,', "-'- .'\ 'd-('''j, '~,"
'^~\j
.0
o' ,
..
JENNIFER M. TYSON,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
EDWARD E. TYSON,
DEFENDANT
: NO. 01-811
: IN DIVORCE
CIVIL 2001
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on
February 9, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date off11ing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of notice of
intention to request entry of the decree.
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. 94904, relating to
unsworn falsification to authorities.
W,l!.~LAMfW~
Date: g -1- 0 I
~MIi~~HU,,,,~,.,,,",d<,_~~,ffii'ri:~~$t~,:>iii' "t1'i,~elilli. ~~'k
,~,
,.if
lMliii
."
"~I
b...:.HlI!i.Iil~r.i1..
o
o
C'
<>'
-0.-.....
mCD
z~q
:z: C.
(I) .'
~......"
~c}
'>,
-:r-:;-()
""'-0
>c
:z:
:;!
..
a
()
'1"1
"'"
c:::
(,"')
r
en
'-h
(:'-
. .:~tLf
'< "'r"
.:~.::iC)
~~~i ~
Bf-ry
::;::!
."5
-<
"1J
~.
....'..
r:-?
:;;-
. ~
, :. ,,.,, ','"i,=" ,,,,"I.",,,,~"", ','
;;",,1
, .0
o . ,
.
JENNIFER M. TYSON,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
EDWARD E. TYSON,
: NO.
01-811
CIVIL 2001
DEFENDANT
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER ~3301(c)
OF THE DIVORCE CODE
1. 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 Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to
unsworn falsifications to authorities.
/".---j
c::::~ /
Date: g -{- 0 I
J"
_.8Il' !<l.lfliil€!
~.".^
~jM'i"-*lM~~Ol
~~" "-~ -~ ~". ,~..
'BJjJj~~~_:"i'i:~~f.iliillii!lii~ii3:s~ ""~iJ'
,....'"
.
"""
~
"
,,'
".~ -
...1..~.~~
o
-~
,-< "~~~. '=
"I
,
(') 0 0
C
<" -r;
-Ow ""
m[n c:: ,2~
:z: :J:! a~
zC I .n8
cn<:::,.~ 0'1
-<d.-: ,
:<Cj -0 .~~j' ~;:
Pc ::::::;:: 7o:-n
Z) ~'(5
-0 ~
)>C On~i
-.- --j
~ c- :>.
::n
-<
'"'.-
, ','~ "
,',",
';, ;~,"",,;j; ,~cu-.. ";",,,,'''',lO"'C'"- , . '0 c" -""c'".
. " ..
, ,
.
JENNIFER M. TYSON,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
EDWARD E. TYSON,
: NO.
01-811
CIVIL 2001
DEFENDANT
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under g3301(c) of the Divorce Code was filed on
February 9, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date off11ing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of notice of
intention to request entry of the decree.
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. g4904, relating to
unsworn falsification to authorities.
~jS;yJ "
(EDWARD E. T'fSON, DEFENDANT)
Date: <6 -1- 0 I
_~'" ~,~ bA,*~!l1;Ili}jl'lifill~~~~''''''';'' '~~;'"'-ii!:iiii~~"~~,~aOi>&i'"
~',
.-i-'-~liiI'__",,,,,,~~>k1l'lilllilY-
,~
~', -,""~,'_'''''^''''',,,",' = '''='' ", '-~,~..
'.
., ,I
,~- -.
." ~
~" --,.
0 C .~,."
C - ,_.~
'? ~"
rgUi ,,,,"
~
Z fT, (t) ::D
_:t) ('>"
Zc I ~f:9
ill ~, 0'
-<2:
~Cj -0 ~,;i; ~~~
)s:
ZO -.r ;;;:"".....,
~. ~,;2o
-0 ~
Pc (Sin
Z '04
=-< C- 55
-<
'I
,
t
f,
,
._.
,"
'"
,'"
,o~ ". .'''. ','~', , '
"
""' '" ,~""",,'; .<"~,,",,,-n." "",".,' ;,',:
,ilk;
., ..., -
.. -"'f ~
\
JENNIFER M. TYSON,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
: CNIL ACTION - LAW
vs.
EDWARD E. TYSON,
DEFENDANT
: NO.
01-811
CNIL 2001
: IN DNORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER ~3301(c)
OF THE DIVORCE CODE
1. 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 I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is fIled with the
prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to
unsworn falsifications to authorities.
~j[-- .
. (EDW A1ID ~YSON, DEFENDANT)
Date: Cj ~ I ~ 0 J
~~~,ftW"~iliN:I~"~I~~~~,~"l,",,""~'~:~
.
~
o;,lJ.
"'""~' _'< ~ ",~, ,~, . ~,h"_", ,',,".,r.
_,,",',,, ~c ~~, ,"". .
'~lIlIlilsiWtil"
" ..,<
1<
,,', ,"tt....
~'
.
".
.
0 0
C ::fj
-""
"'. "'"
"00:; ,-- -'."'
Oln"1 2f5 '"c::-T1i
2-;.; 'f"::;:
2~ , ,:'~~;.:q
~" crl ~',: '...-'
r:C" ~'-~~;':
~ .' :0
z:C -". ;~?~
>-8 ry ---n.l
C)
Z --j
:< ,,- -r>
:n
-<