Loading...
HomeMy WebLinkAbout03-2421 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03.. ;J. t.f:J I PRESTON L. BYERS, Plaintiff SUSAN A. BYERS, IN DNORCE Defendant COMPLAINT 1. The Plaintiff is Preston L. Byers, who currently resides at 509 Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Susan A. Byers, who currently resides at 509 Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 12, 1980 in Spring Run Franklin County, Pennsylvania COUNT 1 - DTVORCF. 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Section 3301(c), in that: a) The marriage is irretrievably broken and ninety days has elapsed prior to filing the consents. 8. Plaintiff declines marriage counseling. 9. Neither the Plaintiff nor the Defendant is a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to grant this divorce. COUNT n - F,QUTTART,F, DTSTRTRTTTTON 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. The parties married on July 12, 1980 and have acquired property which constitutes marital property and the Plaintiff requests that the Honorable Court divide the marital property. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, COYNE & COYNE, P.e. Date S {7,.-'/-o/7>3 Austin F. Grogan, Esquir 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Attorney for Plaintiff I.D. #59020 VRRTFTC.A TTON I, PRESTON L. BYERS, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904, relating to unsworn falsification to authorities. Date J5 MA'I 0.3 p~~ ~ " UJ ~ ~ \: ~\ ~ -::; ~ ~ ~ ~ -\) is ~ ~ ~ ~ ,-<::::-1- v, ~ ~~ ~< .~ ~ ~ .r;---.... -::::. '"'\ ~ S) -;.:{ _ c::...O ~~ s: J 4--- ""' ~ ~ '- ft- ~ F>- (") f:- -ofr. tnp, ;2')' zr- ~,: ~t :.< ;Zc_ --- (.. :P'c ~ -<. (:) (..,) r~ _T} ::c ;.-c:P -< N 1'0 ;..~': t;~ ;-1 ~O --.:.: -u ::Jb: - .. N ell PRESTON L. BYERS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-~4al SUSAN A.BYERS, IN DIVORCE Defendant NOTTeR YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 PRESTON L. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2421 Civil Term SUSAN A.BYERS, IN DIVORCE Defendant CERTIFTCA TE OF SERVICE I, AUSTIN F. GROGAN, ESQUIRE, hereby certify that I have, on May 27, 2003, caused a true and correct copy of the Complaint in Divorce to be served upon the person named below by way of certified first class mail, restricted delivery, return receipt requested: Mrs. Susan A. Byers 509 Garland Drive Carlisle, PA 17013 Dated: 5 I:> "l , 0'3 By: Austin F. Grog , Esq. 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Attorney for Plaintiff ... m m ~ ~I ~ - i. ill Iii. il. ..~ :. II l r i Ii Il l I + SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired: . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maiTpiece;- or on the front if space permits. ~d;:~lB'I-lM . ~olt 0d-; fA'IJ D~llJ{..- CD-tt../IS k J pj) riD I ~ RESTRICT DELIVERY )"No ~ CI> c: w~ m 3.~rvice Type Certified Mail Registered o Insured Mail i. o Express Mail o Return Receipt for Merchandise o C. .D. 7002 2410 ODD? 8508 9898 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M.0952 .-.- ~' ~ ~ (") ~ -Om mrT; Z:x ZC (/)"":, ~C] ;;;;0 ""'-0 >c z ~. '" o w :x :::> -< c.,,) o " :::: ~ --I ~~:D .:.,1 ;~Tl .vQ ---I ' -C) :;:f-f, 2~ () --i j:J -< w .. \.0 ~- ......... COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff PRESTON L. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2421 Civil Term SUSAN A. BYERS, IN DIVORCE Defendant STATEMENT OF INTENTION TO PROCEED TO THE HONORABLE COURT: The Plaintiff, by and through his legal counsel, Lisa Marie Coyne, intends to proceed with the above-captioned matter. The parties and their legal counsel are attempting to settle the divorce without further cost and expense to the parties. COYNE & COYNE, P.C. 1arie Coyne, Esq. a. Supreme Ct. No.5 88 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff Dated: "}.,( ~ 1It By: -.II' .... . CERTIFICATE OF SERVICE I, Lisa Marie Coyne, hereby certify that I have, on September 20, 2006, caused a true and correct copy of the Statement of Intention to Proceed to be served upon the person named below by way of first class mail, postage prepaid: Samuel L. Andes, Esq. 525 N. 12th Street. P.O. Box 168 Lemoyne, P A 17043 Dated: 71 V,'l't COYNE&COYNE,P.C. f\I BY~~Lt,- sa Marie Coyne / . 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff o f; \:16=, n-'lr{ Z.,~rl ?j!~' < )> .~ ~~ ~~: ::?~ -'j .--<. ,...., = = <::T' V> rr1 " N N o -n :;i iTi::O r- :Jjm 86 ~r::p <;tc: om 'i;! :0 .< -0 3:: W c..n COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire PaSupreme Ct. No. 53788 390 1 Market Street Camp Hill, P A 17011-4227 (711) 737-0464 Attorneys for Plaintiff PRESTON L. BYERS, Plaintiff : IN 1lIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2421 Civil Term SUSAN A. BYERS, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. J. I consent to the entry of a tirtal dooree of div~ 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 PaC.S. ~ 4904 relating to unsworn falsification to authorities. Dat€: / Z - 21- D , ~~~ rz, ~ c;:::> G1"' o rn c-; 'f'? - -::; -::;. - COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 390 1 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Attorneys for Plaintiff PRESTON L. BYERS, Plaintift' : IN THE "COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2421 Civil Term SUSAN A. BYERS, IN DIVORCE Defendant WkIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF mE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning. alimony, divisiooofproperty, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understmd that I will not be divorced until a divorce decree is entered by 1he Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verity that the statements made in this: affidavit are true and comet. I unde1'stand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Date: r2~Z/- 0' ~~ - ~ ----- Preston L. Byers, Plaintiff r---,:> C? (,.~~) c>'""\ CJ fT'"! .;:; r""...) <',) l)? o N COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 390 1 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Attorneys for Plaintiff PRESTON L.. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . .- v. : NO. 03-2421 Civil Term SUSAN A. BYERS, IN DIVORCE Defendant WAIVER OF NOTICE OF COUNSELING I, Preston L. Byers, Plaintifl: being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage cOWlSeling and understand that 1 may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage.. counselors in the ProthonotaIy's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the- penalties of 18 Pa. C.S. No. 4904 relating to unsworn falsification to authorities. Dated: /2--l.1- 0 6 O~Ol. ~ _ Preston L. Byers, Plaintiff ~ 0 = 11 er- e:::; rn CJ :-," ~ .j ,"-' c::> r<" II PRESTON L. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-2421 CIVIL TERM SUSAN A. BYERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 22 May 2003 and served within 30 days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 tel 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2-<:(' JE~P.-. .he-/ 2Cc>b Dated: /JdLt()/t?V (2,. .~L1l SUSAN A. BYERS'_,! . .. . COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff PRESTON L. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2421 Civil Term SUSAN A. BYERS, IN DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this It day of ke...", J:y,,..,.- , 2006, by and between Preston L. Byers, hereinafter referred to as "Husband", and Susan A. Byers, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 12, 1980 in Spring Run, Franklin County, Pennsylvania and separated in January 1, 2003; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one ~ _-Jilfj against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Lisa Marie Coyne, and Wife by her attorney, Samuel L. Andes, after having an opportunity to consult with an attorney of her own choosing, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. Ge _ -vlJt3 2 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation in January 1, 2003 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation in January 1, 2003 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. except as follows: NONE. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property and marital debt in accordance with the Pennsylvania Divorce Code of 1980, as amended. 00 :J;;~ Subject to the provisions 3 of this Agreement, each party has released and discharged the other, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions 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 party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the 8Jg ,J/fiJJ 4 parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which is now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal propeJiy, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of (j;g .~Jlt8 5 ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. The parties agree that Husband shall pay wife the sum of $3,000.00 as part of the equitable distribution of the marital Estate. Wife acknowledges the receipt of $1,000.00 from Husband and the parties agree that Husband will pay $2,000.00 to Wife upon the entry of a final decree in divorce. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISPOSITION OF REAL ESTATE: The parties acknowledge that the proceeds of the sale of the marital real estate, both the investment property and the residence, have already been divided to their mutual satisfaction and will waive any further claim to share the proceeds received by the other. (JJg ~~ 6 c. PENSION AND RETIREMENT BENEFITS: The parties agree that each party shall retain 100% interest in their own individual pension(s) or retirement benefits and each party hereby waives any claim to or interest in the retirement benefits or pensions owned or earned by the other. D. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. MOTOR VEHICLES: Husband shall transfer title to the 1999 Jeep Wrangler to Wife. 9. HEALTH INSURANCE: Husband and Wife shall maintain their own individual health, medical, and/or hospitalization insurance. Neither party shall be responsible for any health costs or medical expenses incurred by the other and which are not covered by the said health insurance policy and each party will indemnify and hold harmless the other from any claim put forth in that regard. @# _~wlJ 7 10. ALIMONY: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife each waive and relinquish any right to seek from the other any payment for alimony. 11. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agieement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party waives any and all claims against the other for alimony pendente lite. Further, each party is responsible for his or her own individual counsel fees and expenses. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state income tax returns through and including 2002. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against @g /J/ii /) 8 either of them, each will indemnify and hold harmless the other frOln and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 13. EDUCATION EXPENES. Each party shall contribute one half of the direct expenses, as defined herein, for the college education of their son Jonathan, limited to the acquisition by their son of an undergraduate degree, provided that Jonathan is enrolled continuously as a full time student in good standing at a college or university. For purposes of this agreement, the direct expenses shall be tuition, room, board, books, and other payments directly to the college or university he attends or other reasonable room and board expenses if Jonathan resides in off-campus housing. The payments by the parties shall be calculated after deducting any grants and/or scholarships Jonathan receives as part of a financial aid package. Payment shall continue by each party until Jonathan obtains an undergraduate degree or through December 31, 2010, whichever first occurs. Wife agrees to provide Husband with an itemization of the actual expenses at least twice each year. Should either party die before Jonathan acquires an undergraduate degree and prior to December 31, 2010, the obligation of such deceased party under this paragraph shall terminate. ~ .~5JI)~ 9 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests, rights and claims. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to concurrently with the Execution of this Agreement, execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. Section 3301(c) in accordance with this agreement. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant em -ki1tl3 10 ~~~~~~~~~~~ ~ ~ ~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. PRESTON L. BYERS No. 03-2421 Civil Term VERSUS SUSAN A. BYERS DECREE IN DIVORCE AND NOW, O~u.-.~ -29;' 2006 IT IS ORDERED AND '--' DECREED THAT PRESTON L. BYERS l PLAI NTI FF, AND SUSAN A. BYERS l DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. 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; NONE. Marriage Settlement Agreement dated Dec. 29, 2006 is incorporated and not merged, herein. ~ ~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ?~ fp P /p7m' /~~ ~ f.p ,~ ~ M,7!7l;J Lv" '(:'/ I "'fl/ . /JC {~. in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, 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, and the party breaching this Agreement shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney & _JilI?J 11 with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory &g WJI) . J 12 to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. DISCLOSURE: Husband and Wife each represent and warrant 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 such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22. MODIFICATIONAND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. (j)g ~ 13 23. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. &B -~~ 14 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. ~! ), t ~~ ~~-0~a Witness ~~~ PRESTON L. B S (Husband) 4LfJa,7U {L, r1l2 SUSAN A. BYERS (. e) GdB ~~ 15 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 Attorney for Plaintiff PRESTON L. BYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-2421 Civil Term SUSAN A.BYERS, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail. Restricted Deliverv on Mav 22. 2003. 3. (Complete either paragraph (a) or (b).). a. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: December 21. 2006, by plaintiff and on December ,2006, by defendant 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: Nt A (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 21. 2006 (c) Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December l!I. 2006 COYNE & COYNE, P.C. Date: Z" bEt! ;!4t)~ By: isa Marie Coyn , Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff