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99-02241 (2)
i 1 F ~~ 1~ .~ v e Ga {ny ~~ 1:'i ~. JUNN HENkY KYLE, IN THE COURT OF COMMON PLEAS OF CUNBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION-DIVORCE v. , THERESE MARIA KYLE, ; NO, ~F- ,7a~1~ (!~~.~, Defendant NOTICE TO D£FFND AND AIM RI Hm4 YOU ARE BEING 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 msy also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, First Floor, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 JOHN HENRY KYLE, Plaintiff v. , THERESE MARIA KYLE, , Defendant , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE NO. 1. The Plaintiff is John Henry Kyle, who resides at 49 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant is Therese Maria Kyle, who resides at 49 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 26, 1986, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce under 3301(c) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court ehter e Decree oP Divorce divorcing him from the bonds of matrimony with Defendant. 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. Section 4904, relating to unsworn falsification to authorities. ,~ `~/ //// John yl laintiff Date: 7 '' ~3~ 99 WOLFE ICF By: Ile ~N,.. Patrick W Quinn, Esq. Attorneys for Plaintiff 47 West High Street Gettysburg, PA 17325 Supreme Court ID# 77412 2 U ~~ m ~ ~ ~ I1J S' N j'f ~ h ' c i~: .- \ f ! ~ V i.=-: ~ i. ~ r i~_ `fit[ ~ - `~ ~ ~C_ "' '%) ii'~. a_ ;~ i;i ~ ~ G cC'n U ~,. y ~ * 1~~ ~ , `L 1~ ._ JOHN HENRY KYLE, Plainti!! • v. , THERESE MARIA KYLE, , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE N0. 99-2241 Civil The undersigned, Patrick W. Quinn, Esq., hereby certifies that a true and correct copy of the Plaintiff's Complaint for Divorce was served upon the Defendant, Therese Maria Kyle, on April 27, 1999, by certified mail, restricted delivery, return receipt requested, and as evidenced by the original return receipt attached hereto as Exhibit °A''. Date • ~l "Z~ l J T I ~e.Y~CV< ~ • ~ `~ ' Patrick W. nn, Esq. '~ ~s 0 0 'a O C O +dw..NC«. • mw.~ a as Mm ao ew .. w+nlun n+o. mYpac~, a m ar lrA M NaCa Uou nq Iqm tfrws 6hMM ~nA I Ms. Therese Maria Kyle 49 Bayberry Drive Mechanicsburg, PA 17055 I rtlso rAah ro reeelvs n~» ~ro~now. . trq eervka p 4'~llea '; , O Regiateretl fe~CertHletl D Express Mail ^ Irtauretl ^Retum Rxeipt for MercluMlea ^~pp Fonn 3811, +aasas~so-s.ons EXHIBIT "A" ~' °> ~; ~, r ~, ; a- ]'i ~~; j . o ~ t,. ~-: ~-~ fi , .~ T U ~$ JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAtJIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED . CLAIMS v. N0. 99-2241 CIVIL THERESE MARIA KYLE, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU ARE BEING SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, First Floor, Carlisle, Pennsylvania. 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 OE 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. Office of the Court Administrator Courthouse, Fourth Floor Carlisle, PA 17013 Phone (717) 240-6200 JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN TIDE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL AMENDED COMPLAINT IN DIVORCE AND RELATED CLAIMS AND NOW, comes Plaintiff, John Henry Kyle, by and through his attorneys, Wolfe 6 Rice, LLC, and asserts the following Amended Complaint in Divorce and Related Claims, adding Count II in Divorce under 23 Pa.C.S. Section 3301(d) and Count III in Equitable Distribution, to the original divorce complaint filed April 19, 1999, and in support thereof asserts the following: COUNT II - DIVORCE UNDER 23 Pa.C.S. SECTION 3301 (d) 9. The allegations contained in Paragraphs 1 through 8 are incorporated herein by reference as though set forth in full. 10. The parties have lived separate and apart since April 27, 1999. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 12. Plaintiff requests the Court to enter a Decree of Divorce under 23 Pa.C.S. Section 3301(d). WHEREFORE, Plaintiff respectfully requests that the Court enter an Order divorcing him from the bonds of matrimony with Defendant. COUNT III - EQUITABLE DISTRIBUTION 13. The allegations contained in Paragraphs 1 through 8 of Plaintiff's original complaint and paragraphs 9 through 12 of Plaintiff's Amended Complaint are incorporated herein by reference as though set forth in full. 19. The parties have acquired property during their marriage, both real and personal, and are unable to agree as to a distribution of same. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order equitably dividing the marital property of the parties. WOLFE & RICEII,,~, LLC By: ~Y~c..VLIIV, u ~r. Patrick Quinn, Esq. Attorne for Plaintiff 97 West High Street Gettysburg, PA 17325 (717) 337-3759 2 JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED . CLAIMS N0. 99-2291 CIVIL VERIFICATION I, John Henry Kyle, verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909, relating to unsworn falsification to authorities. J i / Date: '~-' ~/O'~ JohtY ~n y le, Plaintiff to ~J ~ o ~ ~~ ~~ ~~ t_ L% .JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED v, CLAIMS THERESE MARIA KYLE, N0. 99-2241 CIVIL Defendant ' NOTICE TO THE DEFENDANT If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 d OF THE DIVORCE CODE 1 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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 9904 relating to unsworn falsification to authorities. Joh ry Kyl 6laintiff The parties to this action separated on or before April 27, .. •a JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED • CLAIMS v. , N0. 99-2241 CIVIL THERESE MARIA KYLE, Defendant • CERTIFICATE OF SERVICE The undersigned, Jamie Gebhart, hereby certifies that a true and attested copy of the Amended Complaint in Divorce and Related Claims, was served upon defendant, by depositing same in the United States mail, first class postage prepaid, at Gettysburg, Pennsylvania, on the 31st day of July, 2001, and addressed to Therese M./Kyle, 49 Bayberry Drive, Me anicsburg, PA 17055. Date: -lt~-r~ f Jamie a hart (~% '- ~, _ :r7 _)_ ;_~~? L_, 'U •¢ ~. :<)ll. _ j a:~ U 4 JOHN HENRY KYLE, :IN THE COURT OF COMMON PLEAS Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA v' :NO. 99-2241 CIVIL THERESE MARIA KYLE, :CIVIL ACTION - DIVORCE Defendant AND RELATED CLAIMS ANSWER TO COMPLAINT IN DIVOR 8 AND NOW, comes your Defendant, Therese Maria Kyle, by and through her counsel, Cunningham & Chernicoff, P.C. who files this Answer to Complaint in Divorce and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. The averments of Paragraph 6 are denied. 7. The averments of Paragraph 7 are denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof, if relevant, is demanded at the time of trial. 8. The averment of Paragraph 8 represents a conclusion of law to which a response is not required. WHEREFORE, Defendant demands judgment in favor of the Defendant and against the Plaintiff for Plaintiff's cause of action. Respectfully submitted, Date: ~ ~~-~~ D1\AOOe\ane~ara\kyla2 E 2 2320 North Second Street P. 0. BOX 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) I ~I ;i VERTFTCATTON I, THERESA MARIA KYLE, verify that the statements made in the foregoing ANSWER TO COMPLA""INT IN DIVORCE ~ are true and correct to the beet of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 54904, relating to unaworn falsification to authorities. TH RESA MARIA KY Date: i ® r• JOHN HENRY KYLE, :IN THE COURT OF COMMON PLEA3 Plaintiff :CUMBERLAND COUNTY, PRNNSYLVANIA v• :NO. 99-2241 CIVIL THERESE MARIA KYLE, :CIVIL ACTION - DIVORCE Defendant AND RELATED CLAIMS CERTIFICATE OF 3SRVICfi I do hereby state that i served a true and correct Copy of the ANSWER TO COMPLAINT IN DIVORCE in the above captioned matter, by placing the same in the U.S. mail on August f1', 2001, addressed to: Patrick W. Quinn, Esquire Wolfe & Rice, LLC 47 Weat High Street Gettysburg, PA 17325 (Attorneys for Plaintiff) P.C. Date: August ~ ~ 2001 ~ordax~/~. Cunningham, Esquire I.D. 23144 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) ;•: ~, - ,._ - ,:. r -- , ~ . s' ~~ :.. ~:~ 0 U ~ d j LL ~ Q U~Q = y J W O N ~Ua IN _ _' ~' Z N ~ ~ U = T d 0 u u u .. r O U 9 G N U V N ~ O O ,O U O ~ .. ~ ~/ O d W U N U C T .~ .O ~ u o •• u t l- u.. O ti T u c ~ O Q JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-2241 CIVIL :CIVIL ACTION - DIVORCE • AND RELATED CLAIMS T0: Plaintiff YOU ARE HERESY NOTIFIED TO PLEAD TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS OM THE DATE OF SERVI HE OF OR A~EFAUL' DEFENDANT ANSWER TO AMENDED COMPLAINT IN DIVORCE AND NOW, comes your Defendant, Therese Maria Kyle, by and through her counsel, Cunningham & Chernicoff, P.C. who files this Answer to the Amended Complaint in Divorce and in support thereof avers as follows: COUP!T TT - DZVARrE UNDFR 77 D G CFrTTA 9. The allegations contained in Paragraphs 1 through B of the Answer to the Complaint are incorporated herein by reference as if more fully set forth herein. 10. The averments of Paragraph 10 are denied. The parties reconciled and lived together from October, 1999 through January, 2000. 11. The averment of Paragraph 11 represents a conclusion of law to which a response is not required. 12. The averment of Paragraph 12 represents a conclusion of law to which a response is not required. WHEREFORE, Defendant demands judgment in favor of the Defendant and against the Plaintiff. 2 13. The allegations contained in Paragraphs 1 through 8 of the Answer to the Complaint and Paragraphs 9 through 12 of the Answer to Amended Complaint are incorporated herein by reference as if more fully set forth herein. 14. Admitted. WHEREFORE, Defendant respectfully requests the Court to enter an Order equitably dividing the marital property of the parties. COUNTERCLAIM COUNT I - ALIMONY. ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 15. The allegations contained in Paragraphs 1 through e of the Answer to the Complaint and Paragraphs 9 through 14 of the Answer to Amended Complaint are incorporated herein by reference as if more fully set forth herein 3 16. Defendant lacks sufficient property to provide and pay for expenses of this action, including her reasonable counsel fees, nor to provide for hor maintenance and support. WHEREFORE, Defendant requests the Court to enter an Order granting Defendant reasonable counsel fees and expenses, alimony pendente late, and alimony. Respectfully submitted, CUNN3PIGHA & C~iE$T~F COFF, P.C. Date: C'~7"~~ Hy: y~'6rdan ! Cunningham, Esquire I.D. 3144 2320 North Second Street P. 0. HOX 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) bl\doce\aneveru\kyle 4 JOF{N HENRY KYLE, Plaintiff V. THERESE MARIA KYLE, Defendant :IN THE COURT OF COMMON PLEA3 :CUMHERLADID COUNTY, PENNSYLVANIA :NO. 99-2241 CIVIL :CIVIL ACTION - DIVORCE • AND RELATED CLAIMS CERTIFICAT! OF 98RVr~x i do hereby state that I served a true and correct copy of the ANSWER TO AMENDED COMPLAINT IN DIVORCE AND COUNTERCLAIM in the above captioned matter, by placing the same in the U.S. mail on August [!~, 2001, addressed to: Patrick W, Quinn, Esquire Wolfe & Rice, LLC 47 West High Street Gettysburg, PA 17325 (Attorneys for Plaintiff) Reapectf P.C. Date: August ~ / 2001 By: `( .Jordan Cunningham, Esquire '~ Z.D. 23144 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) YBRIFICATION I, THERESA MARIA KYLE, verify that the statements made in the foregoing ANSWER TO AMENDED COMPLAINT AND COOTVTERCLAIM 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.A. §4904, relating to unsworn falsification to authorities. ~~~ ~Cnc. ~cytw TH RESA MARIA KYL~ -- Date• t ~ ~~: ~, ~_ ,:- _ ;:; 'gin __ ~~. ~_ ,;S ,:~ {_~ ~~ Z ~ ~~ ~ ~~ ~i h ~~ ~ ^n 4, CS ~ `~ •\ ;. ;:~ 0 ti 0. ~ a U Q 8 ZyJ ~V? la ~ N ~ =2Q 7 = N 2 ~ Q V = T a 0 u u u 0 u a ~ 9 C U '> L ~y 9 U O a u o .. ~, '~ O a y V L N ~ u ~ •. T ~ '~ N O 'Tj ~ G ,~G L O O JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2291 CIVIL CERTIFICATE OF SERVICE The undersigned, Jamie Gebhart, hereby certifies that a copy of the Motion for Appointment of Master, was served upon Defendant, through her counsel, Jordan D. Cunningham, Esq., by depositing same in the United States mail, first class postage prepaid, at Gettysburg, Pennsylvania, on the 13`h day of September, 2002, and addressed to Jordan D. Cunningham, Esq., Cunningham & Chernicoff, P.C., P.O. Box 60457, Harrisburg Date:__ I/1~~ PA 17106-0457. Ja i ebhart JONN HENRY KYLE, Plaiaciff va. THERESE A01RIA KYLE, Defendant a. muter vith respect to the Eollowisg claims L`7 T81: COURT OLD COtIIiON PL2:A5 OF CG".mERLAND COUNTY, PENNStLV,1NIA N0. 99-2241 CIVIL E8X moves the court co appoiac (X) Divorce. (X) Distributiaa a~ Property ( ) Aam~lmaat ( ) Support (X) Alimony (X) Coumal Fans (X) Alimony Pendmta Lita (X) Coaa and Expenses sad !a support of the motion states: (1) Discovery Ss complete as eo ehe claims(s) far vhich t.':e appoiatamt of a mueer is requestnd. (2) The dnfeadant (has) (3m00~) appeared is the action ppeE~9~4y) (by ~ attorsay, Jordan D. Cunninoham „squire), (3) The staturory ground(s) Eor divorce (!s) (era) 3301(c)/(d) (4) Dalata ehe laapplicabla paragraph(s): Q~ (b) Aa agraemeat has bnen reached with respect to the foLLowiag claims: None (c) The action is contested wieh respect to eha following claims: All listed (5) The acticn (invoLvas) ( ) comple.< issues of Law or Eact. ' (6) The hearing Ss espacted ro take 1 (one) 74}89[t6$Q (day:) . (7) dddlcianal iaioraatioa, L` nay. relevant co the motion: N/A Data: Sl ~/ oz AND NON ~(~,--2002 . ~~ .,/ Y ~~~..re /l// Esquire, is appoiatad'oas ar with rasoect co the tollawiag claims: By eha Ccurt: • J ;- ~~ _ - _- ;:- ';;~ _ ..~ =~ o r_ ~ :: u.~~ iii-- ~ LLt : iu x'12 Ui ~~ p ~ U r~ ,,, ., c. c r r i i i_ ', G_'. I _,:r i CURTlS R. LONG Prollwnolnry Cumbcrlund County Onc Courlhousc Squarc Curlislc, PA 17013 ~{ q Q~~errRive 4 ~ OA ^ INSUFFICIENT ADDRESS I VVV ^ ATTEMPTED NOT KNOWN O OTHER ~ NO SUCH NUMBER/STREET EC~ , A S NOT DELIVERABLE AS ADDRESSED 1 -UNABLE TO FORWARD 1~r~~;jts~,Y/. ~ ~ui~j~m Rluunl-u~~mfL~~fLldu~-u Nd~,~ ~ •1 :'. ~k /~li f/ F„ m.., . ~I J , 99-~41 JOHN HENRY KYLE, 2laiaeiff va. THERESE MARIA KYLE, • Defendant L'I THE COURT OF COMMON PLZAS OF CL^IDERLAND COUNTY, PENNSYLVANL\ Y0. 99-2241 CIVIL )DmC v~m~ neu+Y nY1C 1Y1a3n C1Lt) (8si~aIIa81t), mOVeq the COLLEt W appoint a aastar wieh respect m the follawiag claims: (X) Divaree• (X) Distribution of Property ( ) Aanulmant ( ) Support (X) Alimony (X) Coumel Fees (X) Alimo~ Pmdmte Lite (X) Costs and E::peaaas and is support o= ehe matioa staeas: (1) Discovery is complnta as co the claims(s) !or which the appoiatmmt of a master is requested. r (2) The defmdaac (has) (EmClOOlmOt) appeared in the action Op@H6~99~4¢) (by hoc attorney, Jordan D. Cunningham ,Esquire). (3) The staturory ground(s) for divorce (L~) (are) 3301(c)/(d) - (4.) Delete the inapplicable paragraph(s): ; (b) Aa agreement has bnea reached with rnspncc to the -- Eo1low+sg claims• None (c) The action is ccatnstad with respect to the Following claims: A11 listed (S) The action (involves) ( ) complas issues ai law or fact. (6) The hearing is espectad rn take i (one) Xpgg(}@@p (day:)• / C7) Additional ia?oraar'_on, L± nay. rnlevaac to cha mocioa: N/A Data: c/ ~ °J / ~ Z rgny Eor (1a t==?) !.ND v04i ~~, 2002 ~ ~'.(7~~.../ r ni,n/~e... /,~/ Esquire, is appoiated'aas er with respect ca ehe iallowiag claiaa: By ehe Court: • J JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. N0. 99-2241 CIVIL THERESE MARIA KYLE, . Defendant . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 1999. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to auth9r~ties. ~ ~/ .~S Date: "Plaintiff r ~ ~ 3 r _ -~ -~ ~~ y _~_. ~ c I ; ` J ~ 1 , 4- 2 ~i~ ~ [i S ~ -_ f- ~r' ~j ~ N ~ JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 14, 1999. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Q (~~ ,~, (~~ THE ESE MARIA KYL Defendant ',, r s S `til -'%' ~y~ ¢ •":)J ~p s ~'~ ~ ~ '~ i. ~ rS W l- 'C „_~ :.'. 1 `. F p °o U ~ c JOHN HENRY KYLE, , Plaintiff. v. , THERESE MARIA KYLE, Defendant , IN T'IEE COURT' OP COMh1ON PLEAS OP cUMEiERLAND COUNTY, PENNSYLVANIA C'IVII. ACTION-DIVORCE AND RELATED CLAIh1S N0. 99-2241 CIVIL 41AIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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. Date: y/O.S ~P., ~Q/llti7~~- THERESE MARIA KYLE, Defer ndant C' ~ ~_ - r ~ <f, ^-~ ~~ 6 -1~J ~ ~ ~ _ :.7 ~ ~ ~ ~ ti `J ~ 11 ' YY y~ `J U ~ N JOHN HENRY KYLE, , Plaintiff v. THERESE MARIA KYLE, , Defendant IN THE COURT OF COMMON PC.F:AS OF CUMEiERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND REi.ATEp CLAIMS N0. 99-2241 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 falsificat Date• ~ // ~ E W~ .., V ~ '_i; a~ _l ~y~j Y- ?- .r~j :_i'~1: O an ° =-) <-~ N JOHN IiENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION-DIVORCE v. . ~i- ~a~/ THERESE MARIA KYLE, NO. Defendant . NOTICE TO DEFEND AND CLAIM RIGHTS YOU ARE BEING SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, First Floor, Carlisle, Pennsylvania. 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION-DIVORCE v. THERESE MARIA KYLE, NO. Defendant - COMPLAINT FOR DIVORCE UNDER 23 Pa C.S A. ~ 3307~(C) OF THE DIVORCE CODE 1. The Plaintiff is John Henry Kyle, who resides at 49 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant is Therese Maria Kyle, who resides at 49 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 26, 1986, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divarce under 3301(c) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce divorcing him from the bonds of matrimony with Defendant . 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. Section 4904, relating to unsworn falsification to authorities. 1 ~~ John Kyl laintiff Date • / l3` ~'9 WOLFE IC By : ~ - ~ ~ vw. Patrick W Quinn, Esq. Attorneys far Plaintiff 47 West High Street Gettysburg, PA 17325 Supreme Court ID# 77412 2 `` "~ `1 /~ ~~~~~ ~1 ~h~ .. _ "~ h ~ r c~ ~ ~ a--, _.._- ~ -„-.,_ ' ' ={ Y C.. G JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION-DIVORCE v. THERESE MARIA KYLE, NO. 99-2241 Civil Defendant . CERTIFICATE OF SERVICE The undersigned, Patrick W. Quinn, Esq., hereby certifies that a true and correct copy of the Plaintiff's Complaint for Divorce was served upon the Defendant, Therese Maria Kyle, on April 27, 1999, by certified mail, restricted delivery, return receipt requested, and as evidenced by the original return receipt attached hereto as Exhibit "A'' . Date: ~C`Z~-9 J 1 ~Y~ W ~ ~~/l ~ Patrick W. nn, Esq. x "~ SENDER: I also wish to receive the falow- ~. . a o CortpieM iNrns 1 arWlor z for add"dional services. ing services (for an extra fee): ~` ~ c Complete items 3, 4a, and 4b. p Print your name and address on the reverse of this forth so that we can return this , ~~~ v ^` ~ m ~ card to you. ^ Atlach thrs form to the front of the mailpiece, or on the bads if apace does not B SS ' C '~ y r permk. p Write 'getum Rer~ipt Requested" on the maiipiece below the arGde number. c p The Return Receipt will show to whom the artide was delivered and the date p delivered. ~ 3. ArtiGe Addressed to: 4a. Article Number ~~jj o E Ms. 'Therese Maria Ryle 4b. Service Type ro v 49 Bayberry Drlvt? O Registered Certified ~ Mechanicsburg, PA 17055 D Express Mail ^ Insured ^ Return Receipt for Merchandise ^ COD ~ O 7. Date o eliv r~ + ~ /~ y ~ ; ` ~, B • (Print Name) 8. Addressee's Address (Only if requested and w fee is paid) ~c .Sin e ( ressee or Age 0 a PS Forrn 3811, December 1994 to2s>;r,-ss-a-oz2s Domestic Return Receipt EXHIBIT "A" ~ Q C~ ~ ~~ m ~ , ~ ~ ,. -~ «.: c~~: ~ rt ~ -~ ~~7 .± y' ~ ~,r" .~C. (~' JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED . CLAIMS N0. 99-2241 CIVIL NOTICE TO DEFEND AND CLAIM RIGHTS YOU ARE BEING SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, First Floor, Carlisle, Pennsylvania. 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. Office of the Court Administrator Courthouse, Fourth Floor Carlisle, PA 17013 Phone (717) 240-6200 JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. N0. 99-2241 CIVIL THERESE MARIA KYLE, Defendant AMENDED COMPLAINT IN DIVORCE AND RELATED CLAIMS AND NOW, comes Plaintiff, John Henry Kyle, by and through his attorneys, Wolfe & Rice, LLC, and asserts the following Amended Complaint in Divorce and Related Claims, adding Count II in Divorce under 23 Pa.C.S. Section 3301(d) and Count III in Equitable Distribution, to the original divorce complaint filed April 14, 1999, and in support thereof asserts the following: COUNT II - DIVORCE UNDER 23 Pa.C_._S. SECTION 3301(d) 9. The allegations contained in Paragraphs 1 through 8 are incorporated herein by reference as though set forth in full. 10. The parties have lived separate and apart since April 27, 1999. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 12. Plaintiff requests the Court to enter a Decree of Divorce under 23 Pa.C.S. Section 3301(d). WHEREFORE, Plaintiff respectfully requests that the Court enter an Order divorcing him from the bonds of matrimony with Defendant. COUNT III - EQUITABLE DISTRIBUTION 13. The allegations contained in Paragraphs 1 through 8 of Plaintiff's original complaint and paragraphs 9 through 12 of Plaintiff's Amended Complaint are incorporated herein by reference as though set forth in full. 14. The parties have acquired property during their marriage, both real and personal, and are unable to agree as to a distribution of same. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order equitably dividing the marital property of the parties. WOLFE & RICE, LLC B y: GL Y~G- t ~ u rl r Patrick Quinn, Esq. Attorne for Plaintiff 47 West High Street Gettysburg, PA 17325 (717) 337-3754 2 JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED . CLAIMS v. . . N0. 99-2241 CIVIL THERESE MARIA KYLE, . Defendant VERIFICATION I, John Henry Kyle, verify that the statements made in this Amended Complaint 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. ~ ~ ~ ~. 7 ,l Date : ~-'" ~ ~ r~'~ Joh n y le, Plaintiff b4„ ~ ~t ~ ~ ~ ~ ~ ~ ` ~' r ~- ~ ~.. L ,~ JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. N0. 99-2241 CIVIL THERESE MARIA KYLE, Defendant NOTICE TO THE DEFENDANT If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before April 27, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. Date ~ - /~' ~ ~ Joh ry Kyl Plaintiff JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED . CLAIMS v. NO. 99-2241 CIVIL THERESE MARIA KYLE, Defendant CERTIFICATE OF SERVICE The undersigned, Jamie Gebhart, hereby certifies that a true and attested copy of the Amended Complaint in Divorce and Related Claims, was served upon defendant, by depositing same in the United States mail, first class postage prepaid, at Gettysburg, Pennsylvania, on the 31st day of July, 2001, and addressed to Therese M. Kyle, 49 Bayberry Drive, Me anicsburg, PA 17055. Date -l~~l Jamie e hart C ~ ~-, t-- ~... -~ ~~; _.. ~ -r ._ ` - ~= ~-y :~ '- ~ ~ . ~, f ~... -,,. "1 ~% ` -~t: • , JOHN HENRY KYLE, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 99-2241 CIVIL THERESE MARIA KYLE, :CIVIL ACTION - DIVORCE Defendant AND RELATED CLAIMS ANSW$R TO COMPLAINT IN DIVORCl3 AND NOW, comes your Defendant, Therese Maria Kyle, by and through her counsel, Cunningham & Chernicoff, P.C. who files this Answer to Complaint in Divorce and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. The averments of Paragraph 6 are denied. .. 7. The averments of Paragraph 7 are denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof, if relevant, is demanded at the time of trial. 8. The averment of Paragraph 8 represents a conclusion of law to which a response is not required. WHEREFORE, Defendant demands judgment in favor of the Defendant and against the Plaintiff for Plaintiff's cause of action. Date : ~ ~~ ~ ~ By: Respectfully submitted, CUNN~AK & CIjICOFF, P . C . ~'ordan Cunningham, Esquire I.D. 23144 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) bl\doce\anawera\kyle2 2 • ,- ~ ~ ~ ~ I~ i ~I, I VLRIFICATIQN ,. I, THERESA MARIA KYLE, verify that the statements made in the foregoing ANSWER TO Cf~MPLAINT { IN, DIVORCE 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.A. §4904, relating to unsworn falsification to authorities. ~~i, ~K G TH RESA MARIA KY ~~ JOHN HENRY KYLE, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 99-2241 CIVIL THERESE MARIA KYLE, :CIVIL ACTION - DIVORCE Defendant AND RELATED CLAIMS CERTIFICATE OF SERVICE ~~ I do hereby state that I served a true and correct copy of the ANSWER TO COMPLAINT IN DIVORCE in the above captioned matter, by placing the same in the U.S. mail on August ~, 2001, addressed to: Patrick W. Quinn, Esquire ~ Wolfe & Rice, LLC 47 West High Street Gettysburg, PA 17325 (Attorneys for Plaintiff) Respect ly s ed, C IN & ERNICOFF, P.C. Date: August ~ ~ 2001 By: ~' orda Cunningham, Esquire I.D. 23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) - ~? r , - `_ _'. _ r~ r. _:} ~ wf • .} ~;' ; :1. `_~ O T d ~ ~~~ a a ~~ ~ ¢ ~ ~ voz ~4 I ,~Waw I a ~ ~~~ =zac v Z N ~ Z ~ a U = ~, a 0 U w U ~, ~. O U b cd 4, w s~ 'd 6J O ,.fl U O ice, .~ ~ ~ O ~ 'L7 w ~.:., ~ ai ~ ~ U .... ti.. ~ .~ W y O y .. ~ C r ' JOHN HENRY KYLE, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 99-2241 CIVIL THERESE MARIA KYLE, :CIVIL ACTION - DIVORCE Defendant AND RELATED CLAIMS TO: Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS OM THE DATE OF SERVI HE OF OR EFAULT ENT Y TERED AINS YO . DEFENDANT ANSWER TO AMENDED COMPLAINT IN DIVORCE AND NOW, comes your Defendant, Therese Maria Kyle, by and through her counsel, Cunningham & Chernicoff, P.C. who files this Answer to the Amended Complaint in Divorce and in support thereof avers as follows: ii I~ COUNT II - DIVORCE UNDER 23 Pa. C.S SECTION 3301(d) 9. The allegations contained in Paragraphs 1 through 8 of the Answer to the Complaint are incorporated herein by reference as if more fully set forth herein. l0. The averments of Paragraph 10 are denied. The parties reconciled and lived together from October, 1999 through January, 2000. 11. The averment of Paragraph 11 represents a conclusion of law to which a response is not required. 12. The averment of Paragraph 12 represents a conclusion of law to which a response is not required. WHEREFORE, Defendant demands judgment in favor of the Defendant and against the Plaintiff. 2 u COUNT III - EQUITABLE DISTRIBUTION 13. The allegations contained in Paragraphs 1 through 8 of the Answer to the Complaint and Paragraphs 9 through 12 of the Answer to Amended Complaint are incorporated herein by reference as if more fully set forth herein. 14. Admitted. WHEREFORE, Defendant respectfully requests the Court to enter an Order equitably dividing the marital property of the parties. COUNTERCLAIM COUNT I - ALIMONY ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 15. The allegations contained in Paragraphs 1 through 8 of the Answer to the Complaint and Paragraphs 9 through 14 of the Answer to Amended Complaint are incorporated herein by reference as if more fully set forth herein. 3 r ` 16. Defendant lacks sufficient property to provide and pay for expenses of this action, including her reasonable counsel fees, nor to provide for her maintenance and support. WHEREFORE, Defendant requests the Court to enter an Order granting Defendant reasonable counsel fees and expenses, alimony pendente lite, and alimony. Respectf/ul~ly sub~m~i~tt~ed, CUNNIA~JHA~I & C~~~~.~'~c~FF , P . C . Date: o ~~~'~~ BY; ~~ rdan Cunningham, Esquire I.D. 3144 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) bl\docs\answera\kyle 4 ii ~I JOHN HENRY KYLE, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 99-2241 CIVIL THERESE MARIA KYLE, :CIVIL ACTION - DIVORCE Defendant AND RELATED CLAIMS CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the ANSWER TO AMENDED COMPLAINT IN DIVORCE AND COUNTERCLAIM in the above captioned matter, by placing the same in the U.S. mail on August ~, 2001, addressed to: Patrick W. Quinn, Esquire Wolfe & Rice, LLC 47 West High Street Gettysburg, PA 17325 (Attorneys for Plaintiff) Respectf~y subm~ted, ICOFF, P.C. Date: Aucrust ~~ 2001 By: ~"ordan/b. Cunningham, Esquire I.D. 23144 2320 North Second Street P. O. BOx 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Defendant) VERIFICATION I, THERESA MARIA KYLE, verify that the statements made in the foregoing ANSWER TO AMENDED COMPLAINT AND COUNTERCLAIM 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.A. §4904, relating to unsworn falsification to authorities. TH RESA MARIA KY Date: ~ ~ \ ~S> .~_"_ ~~t - ~:_ ~' , ~, ~ t t ~. ^v G~ `: ! A `=" _l ' . `~, _ _ ! +ti:~ ~ ~ Y - d v .`~ ,, j i~ ,~ ~ '~ ~~ ~~~:, 0 V r d i• OWZ Z F.. J o N -~ wCcn m ~~W I N a ~N~ ti = z cc ~- Z N Q Z Q ~ a U = T R+ O U U t.. s-~ O U .b cd N ~., ..-~ cd 'O y O ~ U N O ~. ., w N O .C b ...i ~ ~'S .~ i W W ~~ .-. i.+ cC ~ G i, U O A .~ v.. ~ O N „~ Q 1 JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL CERTIFICATE OF SERVICE The undersigned, Jamie Gebhart, hereby certifies that a copy of the Motion for Appointment of Master, was served upon Defendant, through her counsel, Jordan D. Cunningham, Esq., by depositing same in the United States mail, first class postage prepaid, at Gettysburg, Pennsylvania, on the 13th day of September, 2002, and addressed to Jordan D. Cunningham, Esq., Cunningham & Chernicoff, P.C., P.O. Box 60457, Harrisburg, PA 17106-0457. Date : '~ Ja i ebhart ~~ -, ;.07 .. __, ._ 'f~ ,-' - -.. fir... ~~ ' ~ ~ ~. i~ JOHN HENRY KYLE, Plaintiff vs. THERESE MARIA KYLE, John L,I~ T&E COURT OF CO1~i0N PLc.A.S OF CL'MBERI.AND COUNTY, PENNSYZV~NL~ N0. 99-2241 CIVIL ~QX Defendant MOTION FOR AP°0 LVT!~YT' 0 a. master with respect to the:- £o3..I.owi~ claims: (X) Ilivorce (X ) ( ) 3aaulment ( ) (X) ;~j,imnay (X) (X) Al;~+oay Peadente Lite (X) and i.a support of the motion. states: ,. moves the. court tff apgoiat Distribution of Propertlr Support Counsel Fees Costs. and Esp ens.es (1) Discovery is camplete as to the claims (s) £or which the. appQiatmeat oL a master i.s requested.. (2) The defendant (has) (~~) appeared is the action. ¢) (by his attozaey, Jordan D. Cunningham ,~~re), (3) The staturory ground(s) for divorce: (is) (are) 3301(c)/(d) (/+) Delete. the i4appl.icable paragraph(s) : _. (b) Aa agreement has bees reached. with respect to the -- followiag claims: None ' (c) The ac~.oII: is contested with rasped _o the followiag~ claims: All listed (5) The action. (i.avolves) ( ) comple-c issues or I.aw o r tact. (6) The hearing .s expected to take 1 (one) $$~ (day$) . (7) Additional iafot~at-:.oa,. if nay. relevant to the motion: N/A Date: `~~ .mil O ~ _-- raev for (PIa' t=_._i) ( - ) - ORDER. ~,P°OL'~TTIVG 4ASTER r ~l`TD vOw ~ ~ ~, . 2002 ~ ~L1a C ~.lL 1/ Esquire, is appointed mas er with respect to the iollowiag claims: By the Court: J ~ ~ ` -ta ' ~ :~ r't-~ ,,, ._ ,, ,<: _. .~__ ,- _. s ,.. _ ., f , `..~ 'C ~v r4 .r,41 t t~ 1_ __., ~_.~ ~.. ~a'°,~,~ ~~~, i ... JOHN HENRY KYLE, IN THE COU&'.T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. NO. 99-2241. CIVIL THERESE MARIA KYLE, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 14, 1999. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to rec~uest 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. Section 4904 relating to unsworn falsifica j ~ ~S Date: ca p ~ °~+ a ~r~; ~ 411 ~'=9 <,._ r- ~ , l L ~ _,. y ~~ ~ f'1 ~-l l../~ ~~ / tt ~' ~ " ~ ~ JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COtJRT OF COMMON PLEAS OF CUMBERhAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS NO. 99-2241 CIVIL AFFIDAVIT OF CONSENT' 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 14, 1999. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: IIU (~~ _ I~~ ~~' ^`t_~ THERESE MARIA KYL Defendant ~ r-s 0 ~i _ ~'~~ ~ ~a _. '~~' ` ~ ~ -~ tom. C~: a r_.. ~, ~ ~. ~~> ~ ~ ,~ LY ! ~ '~ ...,.j JOHN HENRY KYLE, IN THE COIJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAPdIA Plaintiff v. THERESE MARIA KYLE, Defendant CIVIL ACTION-DIVORCE AND RELATED CLAIMS NO. 99-2241 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UDJDER SECTION 3 3 01 (C ) OF THE D I VORCE; 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 expE~nses 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 t]Zis 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. Date: ~ by~Os V' lt~iltGt THERESE MARIA KYLE, Defendant ~ ~ p - ° r~ o r ~•- c... ~ -ss a`»' Ss , _ ~ -~ rn ~~- rc, . , , , ~~,..' 1 ~ ~, r ~. `~ : ~ ~~ 1 ~,b t~ J JOHN HENRY KYLE, IN THE COiJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. . NO. 99-2241 CIVIL THERESE MARIA KYLE, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 affidavit are true and correct. I understand that false ~>tatements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsificat Date : ~ G/ ~~ c-j 4 ~ O _ ~= tt'1 ~~; ~' ~~ l~~.~ `- ~ 'J_-ri ,~ =~"-- mow; r •rsJ~'C'i r _ F/~ / ~ ~ •,G JOHN HENRY KYLE, Plaintiff vs. . THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99 - 2241 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this (4~ day of ~' _ , 2006, a framework of an agreement having been placed on the record on January 4, 2005, and counsel having failed to provide the Master a final settlement agreement signed by the parties, and there being no further request by counsel for the Master's involvement since the January 4, 2005, conference, the appointment of the Master is vacated. BY THE COURT, ~1 G~~ Edgar B. Bayley, P.J. Cc: ,~atrick W. Quinn Attorney for Plaintiff ,,cordon D. Cunningham Attorney for Defendant J '.." ~ ter, ;'[- ~~ ~i ~ - ~..i _1 t '~._ ~ .e.. ~1 ;~ ~_'1 i'.1. ~ 4r.~ ~ w 1L t ,a C:.7 (,..~ N c '' ~ JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. N0. 99-2241 CIVIL THERESE MARIA KYLE, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 1999. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date : ~ ~ /v y©~ JOHN ICY KYLE,{'P]faintiff ~~ ...y 4 1 ~~ " d* `~ _ ~~ ': JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 authorit~~"s~ ~ ,~~- o-~ Date: JOHN HEN~3~~; ~la~htiff C7 csa "n ~~ E~ ; ~ T~" tz't :a ~. "' ;~` j ` ~` ai . - ~ : ~ ~U JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, John Henry Kyle, by and through his Attorneys, Wolfe & Rice, LLC, and files the following Petition for Special Relief and in support thereof avers as follows: 1. Plaintiff initiated this divorce action by complaint filed in 1999. 2. After protracted attempts to negotiate a settlement agreement, this matter was scheduled for a hearing before the Master, E. Robert Ellicker, II. 3. On January 4, 2005, the date set for the Master's hearing, the parties entered an agreement which was recited of record before the Master. Attached hereto as Exhibit "A" is a copy of said recital. 4. The parties have been unable to finalize the terms of a marriage settlement agreement. There had been numerous exchanges of correspondence and proposed agreements, many of which go unanswered for months on end. 5. The Court, by Order entered October 10, 2006, had vacated the appointment of the Master. The only Judge who has had any involvement in this matter is the Honorable Edgar B. Bayley, P.J., pursuant to the October 10, 2006 Order. A copy of that Order is attached hereto as Exhibit "B" 6. Despite efforts to finalize the terms of a marriage settlement agreement which would include the transfer of title to real estate, lease agreement and mortgage, the parties have been unable to agree to the terms of that settlement. Most recently, the undersigned, on behalf of Plaintiff, forwarded to Attorney Cunningham draft documents under cover letter of October 17, 2007. To date there has been no response to that proposal. Attached hereto as Exhibit "C" is that correspondence with enclosures. 7. The inability of the parties to finalize the terms set forth in the recital of January 4, 2005 has caused a substantial financial hardship on the Plaintiff. In addition, the parties have not yet been divorce due to the outstanding economic issues pending. 8. A copy of this Petition was forwarded to Jordan Cunningham, Esq. at least ten (10) days prior to the filing of this Petition and Attorney Cunningham has failed to concur in 2 the requested relief in this Petition. WHEREFORE, the undersigned, as counsel for Plaintiff, respectfully requests that the Court enter a Rule and grant the following relief: A. Direct the parties to execute the Marriage Settlement Agreement, Deed, Mortgage and Note as contained in the attached Exhibit "C". B. Grant a divorce between the parties. C. Incorporate in the divorce decree the terms of the Marriage Settlement Agreement. D. Grant Plaintiff counsel fees and costs in connection with the filing and litigation of the within Petition. Respectfully submitted, WOLFE & RICE, LLC By: ohn A. Wore, Esq. ttorney for Plaintiff 47 West High Street Gettysburg, PA 17352 (717)337-3754 Supreme Court ID# 44351 3 i JOHN HENRY KYLE, Plaintiff V5. THERESE MARIA KYLE, Defendant YN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99 - 2241 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, January 4, 2005. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiffs John Henry Kyle, and his counsel John A. Wolfe, and the defendant, Therese Maria Kyle, and her counsel Jordan D. Cunningham. This action was commenced by a filing of a complaint in divorce on April 14, 1999, raising grounds of irretrievable breakdown of the marriage. Counsel have indicated that the parties have signed affidavits and waivers dated today which will be filed with the Prothonotary's Office following the recitation of the statement of the agreement on the record. The claim of equitable distribution was raised in an amended complaint on July 27, 2001; a counterclaim filed on August 17, 2001, raised claims for alimony, alimony pendente lite, and counsel fees and costs. The parties were married on April 26, 1986, and separated February 19, 1999. They are the natural 1 1= ~h-~l ~ '~ ~ « parents of one child, who resides more or less equally with each of the parents. The Master has been advised that the parties have reached an understanding with regard to the settlement of the economic issues. Because there may be some complicated wording that needs to be included in the agreement with respect to the distribution of the assets, counsel have requested that they have the opportunity to prepare the agreement in their office for signature by the parties and review before signing. However, in order to facilitate this matter, the Master has agreed that counsel can put a general framework of the agreement on the record which will enable. us to at least state the basic format of the morecomprehensive agreement which is going to be later prepared by counsel. The Master will send out the format as stated on the record to counsel and then when the attorneys. and parties have completed the agreement and provided the Master with two signed copies of the agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court. Mr. Cunningham. MR. CUNNINGHAM: I will draft for review a marital settlement agreement which in essence will provide that Mrs. Kyle will receive $20,000.00 in equitable distribution to be evidenced by a mortgage to the property _ 2 in which she is now residing and in return Mr.~Kyle will receive a deed to that property. The mortgage will accrue interest at 60 (simple interest) per annum and it will be the~type of mortgage that has within its provisions an open-ended mortgage - if during the term of this understanding there are additional advances that Mrs. Kyle needs to make in order to avoid foreclosures or in the alternative if Mrs. Kyle cannot make. certain payments that are to be paid under a lease agreement, there will be a reduction of principal owed on that mortgage. But the specifics of that will be outlined in the marital settlement agreement. There will also be a waiver of any alimony and an agreement today -- the parties, after we conclude, will go to the Domestic Relations Office and file a motion terminating the spousal order at the current time. There has been a representation, and it will be contained in the marital settlement agreement, that husband either has paid or has assumed all joint debt with the exception of the outstanding mortgage. Husband will be responsible to continue to not only bring the defaulting mortgage current within 60 days but he will also continue to make faithful payments to the mortgage company of both principal, interest, and escrow payments for insurance and real estate taxes. 3 Husband will also, on an annual basis, make a good faith effort to refinance the mortgage of which he .will provide notice of his efforts to make the refinance, at least his obligation to do that, known to wife in order to relieve her from further responsibility from the existing mortgage note. There is also an understanding between the parties that there is going to be a lease executed by Mrs. Kyle to Mr. Kyle leasing the property with a term ending on January 1, 2011. The mortgage and note which will be given by Mr. Kyle to Mrs. Kyle will also end on that date, January 1, 2011. Under the terms of the lease agreement, Mrs. Kyle will pay $400.00 a month. If wife remarries or cohabitates with a.person of the opposite sex, the parties have agreed that the fair rental value then will be determined by a realtor that they can agree upon or if they cannot agree upon then each will choose a realtor to reach-a conclusion as to the fair rental value and if that cannot be acquired we will leave it to a motion for specific performance under the terms of the divorce code to bring it to Court. Hopefully the parties will be agreeable but rent will, in the event of remarriage, be no less than $800.00 a month. Mrs. Kyle has agreed to subordinate her -- what would be a second mortgage -- to the extent that refinancing would not exceed the total aggregate sum of 4 $115,000.00. She would hate no right to demand payment on the obligation until the property was sold, upon the end of the term January 1, 2011, upon her purchase of the property because she is going to be given an option to purchase at a set value of $145,000.00 plus.any increases from today's date as~determined by an appraiser by the name of Leon Gerlach and in the absence of his ability to do it, a certified appraiser of mutual choice, or upon 90 day default that we receive notice that he has defaulted on the mortgage. She has an option at that point either to make the payments, add them to the principal or list the property for sale. Maintenance under the terms of the lease agreement are. going to be defined as the responsibility of Mrs. Kyle if the total cost to make the repairs is less than $500.00. Any repairs greater than $500.00 will be the responsibility to Mr. Kyle. If Mr. Kyle dies during the term of this agreement then we will have the right to demand the estate list the property for sale or we would have the right to invoke our option to purchase. If Mrs. Kyle were to die, her estate would have the right to continue under the terms and condition of the mortgage or note but not the lease. The understanding of the parties is that the current order for the child support aspect, the allocation 5 of the total monthly su~pdf~ tft~~ will remain unchanged without prejudice to either party. They are going to, however, remove from that order the insurance requirements for Mr. Kyle to provide insurance because Mrs.-Kyle now has the insurance for the child. In the marital settlement agreement, there will be some comment about 2004 taxes that the parties will submit their incomes to.one accountant who will, between the two of them, cooperate in preparing either a joint return or separate returns whichever mutually benefits the parties to the best accounting ability that the accountant can work out under the IRS code. All personal assets that are in the possession of the parties shall be retained by the parties. Wife specifically waives any interest in husband's franchise, any interest in husband's pension program that he had - my understanding is that was in 2000 redeemed and it was included in the tax return as income. The personalty in' wife's possession will be wife's. .Husband gets the Tahoe and wife gets the Lumina. The marital debt that existed is represented as having been paid off by Mr. Kyle. The parties each have acknowledged one to the other, while we were at the table today, they know of no other assets that they had a marital interest in that exceeded a value of $500.00 that has not 6 been disclosed. THE MASTER: Mrs. Kyle, did you hear your attorney recite the framework of an agreement that is going to be prepared? MRS. KYLE: Yes. THE MASTER: Do you have any questions about that framework? MRS. KYLE: No. THE MASTER: Mr. Kyle, the same question to you. Have you heard the recitation of the statement of what the anticipated agreement will be? MR. KYLE: Yes, I have. THE MASTER: Do you have any questions about it? MR. KYLE: Not at this time. 7 JOHN HENRY KYLE, Plaintiff vs .' IN `SHE COURT OF COMMON -PLEAS OF CUMBERLAND COUNTY, -PENNSYLVANIA N0.-99 - 2241 CIVIL THERESE MARIA KYLE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~~~'' day of 2006, a framework of an agreement having been placed on the record on January 4, 2005, and counsel having failed to provide the Master a final settlement agreement signed by the parties, and there being no further request by counsel for the Master's involvement since the January 4, 2005, conference, the appointment of the Master is vacated. BY THE COURT, Edgar. B. Bayley, P.J. Cc: Patrick W. Quinn Attorney for Plaintiff Jordon D. Cunningham Attorney for Defendant -~~~, ~xh~ bjf i' Q'` John A. Wolfe Kristin L. Rice Patrick W. Quinn WOLFE & RICE, LLC Attorneys at Law 47 West High Street Gettysburg, Pennsylvania 17325 October 17, 2007 Jordan Cunningham, Esq. Cunningham & Chernicoff. P.O. Box 60457 Harrisburg, PA 17106-0457 Re: Kyle v. Kyle File No. 305099 Dear Attorney Cunningham: Telephone (717) 337-3754 Facsimile (717) 337-9211 Email: wolfeandrice@pa.net Pursuant t o your October 5, 2007 correspondence, we agree to most of those changes. Please note the following with regard to those items raised in that letter. 1. We have revised the promissory note to provide language that says the $50.00 per month credits shall be applied as credits against interest. 2. I have included language in section three of the .agreement that provides that in the event of a default in the mortgage payment to be made by Mr. Kyle that results in the sale of the home and foreclosure or otherwise a sale that prevents. Wife from being able to reside at the property, in such event $400.00 becomes payable per month as alimony. My client is not willing to agree that the house would transfer to her upon a buyout but we have added language that provides that upon distribution of any foreclosure proceeds the first $20,000.00 that would otherwise be payable to the Husband as the record owner would otherwise be paid to Wife as a payoff of that outstanding cash payment together with accrued interest under that Note. 3. I have added language that provides that if Wife were to make payments for taxes, insurance or the mortgage payment, in such event those amounts would be added to the balance outstanding under the Note and Mortgage. I have put language in section three of the Marriage Settlement Agreement to that effect. Please also note that paragraph three of the mortgage ~xh~b~'~- ''C ~~ already has language in it that provides for the payment to be increases in the amount outstanding on principal. I have enclosed a new original of the Deed, Note, Mortgage, three execution originals of the Marriage Settlement Agreement and Lease Agreement. I would appreciate if you would return all executed originals to me. I will then solicit my client's signatures on the same and then forward to you the originals of the Mortgage, Note and one Marriage Settlement Agreement. I will send you copies of the executed .Deed and Lease Agreement. I will not record the Deed-until and unless I have forwarded to you the originals of the Note and Mortgage.. Given the extreme amount of time that has-passed, we would request that these documents be returned, fully executed, within thirty (30) days from the date of this correspondence. Very truly yours, WOLFE & RICE, LLC By: hn A. W e, Esq. JAW/ajs Enclosure Cc: John Kyle {letter only) 2 THIS DEED, Made the day of in the year of our Lord two thousand and seven (2007). Between John H. Kyle of 195 Konhaus Road, Mechanicsburg, Pennsylvania 17050-3127 and Therese M. Kyle of 49 Bayberry Drive, Mechanicsburg, Pennsylvania 17355, husband and wife, parties of the first part, GRANTORS, -AND- John H. Kyle, of 195 Konhaus Road, Mechanicsburg, Pennsylvania 17050-3127, party of the second part, GRANTEE. WITNESSETH, that in consideration of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, ALL THAT CERTAIN piece or Spring Township, Cumberland County, Final Subdivision Plan for Mulberry Wynnewood West Development Company, Civil Engineers, Inc., and recorded of Cumberland County, Pennsylvania, more particularly described as foll parcel of land situate in Silver Pennsylvania, as set forth on a Crossing, Section Three, as prepared by Gannett Fleming in the Recorder of Deeds Office in Plan Book 49, Page 111, and ows: BEGINNING at a point on the right-of-way line of Bayberry Drive, at the dividing line between Lots. No. 194 and 195, as shown on the aforementioned Subdivision Plan; thence along said right-of-way-line of Bayberry Drive North 30 degrees 47 minutes 49 seconds East, a distance of 68.50 feet to a point at the dividing line between Lots. No. 195 and 196; thence along same. South 59 degrees 12 minutes 11 seconds East, a distance of 196.51 feet to point at the. dividing line between Lots. No. 195, 196 and 190; thence along the dividing line between Lots 195, 190,- 191 and 192, South 79 degrees 20 minutes 46 seconds West, a distance of 103.48 feet to a point at the dividing line between Lots. No. 195, 192 and 194; thence along the dividing line between Lots No. 195 and 194 North 59 degrees 12 minutes 11 seconds West, a distance of 118.95 feet to the point and place of BEGINNING. BEING Lot No. 195 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company and containing 10,805 sq. ft., more or less. UNDER AND SUBJECT to set back lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. BEING the same which Wynnewood West Development Company, a Pennsylvania partnership, by its deed dated August 8, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 33 at page 299, sold and conveyed unto John H. Kyle and Therese M. Kyle, husband and wife, the Grantors herein. This property is exempt from Pennsylvania realty transfer tax as between husband and wife. TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever, of the said Grantors, in law, equity or otherwise howsoever, of, in and to the same and every part thereof. TO HAVE AND TO HOLD the said hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns forever. AND the said Grantors hereby covenant and agree that they will warranty specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors have to these presents set their hands and seals. Dated the day and year first above written. 2 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF STATE OF PENNSYLVANIA COUNTY OF ADAMS ( SEAL) JOHN H . KYLE (SEAL ) THERESE M. KYLE SS. On this the day of 2007, before me, the undersigned officer, personally appeared John H. Kyle, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. STATE OF PENNSYLVANIA COUNTY OF Title of Office SS. (.SEAL) On this the day of 2007, before me, the undersigned officer, personally appeared Therese M. Kyle known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Title of Officer (SEAL) I do hereby certify that the precise residence and complete post office address of the within named grantee is 195 Konhaus Road, Mechanicsburg, PA 17055. John A. Wolfe Attorney for Grantee 3 MORTGAGE THIS MORTGAGE made. this day of 2007, between John H. Kyle, of 195 Konhaus Road, Mechanicsburg, Pennsylvania, Mortgagor, and Therese M. Kyle, of 49 Bayberry Drive, Mechanicsburg, Pennsylvania, Mortgagee. WHEREAS, the Mortgagor, as the Borrower, on this date has executed and delivered to the Mortgagee, as the Lender, a fixed rate note in the sum of Twenty Thousand Dollars ($20,000.00), hereinafter referred to as the "Principal", providing for interest thereon at the fixed rate specified therein and the .performance of all the terms, covenants and conditions therein contained, all of which by this reference thereto are incorporated herein and made a part hereof . NOW THIS INDENTURE WITNESSETH, that the Mortgagors, for and in consideration of the Principal and for the better securing the payment thereof unto the Mortgagee, in discharge of said fixed rate note, hereinafter referred to as the "Note", and for and in consideration of the further sum of $1.00 this date well and truly paid to the Mortgagor by the Mortgagee, the receipt whereof is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, release, convey and confirm unto the Mortgagee, ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company, as prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page 111, and more particularly described as follows: BEGINNING at a point on the right-of-way line of Bayberry Drive, at the dividing line between Lots. No. 194 and 195, as shown on the aforementioned Subdivision Plan; thence along said right-of -way line of Bayberry Drive North 30 degrees 47 minutes 49 seconds East, a distance of 68.50 feet to a point at the dividing line between Lots. No. 195 and 196; thence along same South 59 degrees 12 minutes 11 seconds East, a distance of 196.51 feet to point at the dividing line between Lots. No. 195, 196 and 190; thence along the dividing line between Lots 195, 190, 191 and 192, South 79 degrees 20 minutes 46 seconds West, a distance of 103.48 feet to a point at the dividing line between Lots. No. 195, 192 and 194; thence along the dividing line between Lots No. 195 and 194 North 59 degrees 12 minutes 11 seconds West, a distance of 118.95 feet to the point and place of BEGINNING. BEING I,ot No. 195 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company and containing 10,805 sq. ft., more or less. UNDER AND SUBJECT to set back lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. BEING the same which Wynnewood West Development Company, a Pennsylvania partnership, by its deed dated August 8, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 33 at page 299, sold and conveyed unto John.H. Kyle and Therese M. Kyle, then husband and wife, which real estate is to be titled into the name of John H. Kyle, solely, by deed to be recorded immediately prior to the recording of this mortgage. TOGETHER with all and singular the buildings, improvements, woods, waters, ways, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or appertaining, and the reversions and remainders, rents issues and profits thereof; to have and to hold the same and the real estate hereinbefore conveyed, unto the Mortgagee forever. MORTGAGOR PROMISES AND AGREES THAT: 1. The Mortgagor shall be liable and obligated to pay the full amount owing under said Note in accordance with the terms thereof, and shall be liable and obligated to keep and perform all of the , covenants, promises and agreements contained in this Mortgage and in said Note. 2. Mortgagor will pay, on or before the respective due dates thereof, any other taxes (including corporate taxes), assessments, charges, claims or encumbrances that may be or become a lien prior to the lien of this Mortgage, or that have priority to this Mortgage in the distribution of the proceeds of a judicial sale of the mortgage premises. 3. If the Mortgagor fail to pay any of the aforesaid taxes, assessments, charges, claims or encumbrances on or before the respective due dates thereof, then Mortgagee shall have the option of paying the same or any thereof, and upon any such payment by the Mortgagee, the amount thereof shall automatically be added to and become a part of the Principal and shall bear interest from the time the same is so added to the Principal at the rate then in effect under the terms of said Note. 4. If the Mortgagor fails to pay any installment of Principal 2 and/or interest required by said Note when the same shall fall due thereunder, or within the period of ten days thereafter, or fail to pay any of the aforesaid taxes, assessments, charges, claims or encumbrances on or before the respective due dates thereof, then and in any of said events, the Principal and all sums added thereto, together with interest to date at the rate then in .effect under the terms of said Note, and together also with 5o attorneys' commissions on said Principal and interest shall become due and payable at the option of the Mortgagee, and such remedy or remedies as the law may now or hereafter provide may forthwith be invoked and prosecuted by the Mortgagee against the Mortgagor, including, but not limited to, an action of mortgage foreclosure. 5. Mortgagor hereby waive all errors in any proceedings, together with all stay of or exemption from execution, or extension . of time of payment which may be given by any law now in force, or which may be enacted hereafter, and together also with the right of appraisement, the right of inquisition and the right of appeal. 6. If, without the prior written consent of the Mortgagee, all or any part of the mortgaged premises securing said Note is sold, transferred or conveyed to any person, corporation or legal entity (herein called the "New Owner"), other than the Mortgagor herein, the Mortgagee may, at her sole option, declare all sums remaining unpaid, including interest due or accrued thereon, to be immediately due and payable. 7. The Mortgagor's covenants, promises and agreements contained in this Mortgage shall be legally binding upon the Mortgagor, and his respective personal representatives, heirs, successors and assigns. The Mortgagee's rights and privileges contained in this Mortgage shall inure to the benefit of the Mortgagee and her heirs, successors and assigns. This Mortgage shall be governed by the law of the state in which said mortgaged premises are located. If less than two Mortgagors shall sign this Mortgage, all covenants, promises and agreements, which are drawn in the plural, shall be deemed to be in the singular. PROVIDED ALTnIAYS, NEVERTHELESS, that if the Mortgagor shall .pay unto the Mortgagee the Principal and interest thereon in the manner and at the times specified in said Note, and shall in all respects comply with all of the covenants, promises and agreements herein- before contained, then this Mortgage shall become null and void to all intents and purposes. IN WITNESS WHEREOF, the Mortgagor has hereunto subscribed his names and affixed his seal the day and year first above written. Witness: (SEAL ) John H. Kyle 3 COMMONWEALTH OF PENNSYLVANIA , SS. COUNTY OF ADAMS On this, the day of 2007, before me, the undersigned officer, personally appeared John H. Kyle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: I HEREBY CERTIFY that the precise residence address of the within named Mortgagee is: ttorney for Mortgagee 4 MORTGAGE NOTE KNOW ALL MEN BY THESE PRESENTS, THAT John H. Kyle, hereinafter referred to as "Obligor", of 195 Konhaus Road, Mechanicsburg, Pennsylvania, is hereby held and firmly bound unto Therese M. Kyle, of 49 Bayberry Drive, Mechanicsburg, Pennsylvania, hereinafter referred to as "Obligee", in the sum of Twenty Thousand Dollars ($20,000.00) lawful money of the United States of America, to be paid to the said obligee, her heirs, executors, administrators or assigns, to which payment well and truly to be made, the obligor does bind himself, his heirs, executors and administrators, and every of them, firmly by these presents. Sealed with his seal. Dated the day of 2007. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said obligor, his heirs, executors or administrators, or any of -them, shall and do well and truly pay, or cause to be paid unto the said obligee, her heirs, executors, administrators or assigns the sum of Twenty Thousand Dollars ($20,000.00), payable as follows: Twenty Thousand Dollars on or before the lst day of January, 2011, with accrued interest. Interest shall accrue on said outstanding loan principal at an annual fixed rate .of Six Percent (6o). No payments shall be due on principal or accrued interest until January 1, 2011 at which time all accrued interest and principal shall be due and payable in full. It is hereby acknowledged that the Obligor has been making payments of Fifty Dollars per month since January 4, 2005 to Obligee toward this note balance, notwithstanding that the note post-dates these payments. Obligee acknowledges receipt of these payments as a credit against said note obligation. These credits shall be applied as credits against interest. These payments are an ongoing monthly credit due to Obligee making a reduced payment of $350.00 per month to Obligor under a lease agreement between Obligor as Landlord and Obligee as Tenant under a separate lease agreement which calls for monthly rent payments of $400.00 per month. Obligor shall have the right and option, at his election, to make payments prior to January 1, 2011, in whole or in part, which payments shall first be applied to interest and then to principal without any fraud or further delay; and also from time to time, and at all times until payment of the said principal sum be made, as aforesaid, and obligors further covenant and agree to pay all taxes lawfully assessed and levied by any proper tax authority against the premises described in the said Mortgage as well as all lawful municipal claims including charges, whether or not reduced to liens, for paving, sidewalks and repairs thereto, sewers, and water rents charged by any municipal or any municipal authority; and upon demand therefore obligor shall exhibit to obligee proper receipts for such taxes and municipal claims, and that if obligor neglects to pay such taxes and municipal claims, obligee may pay the same or any part thereof and add the amount or amounts so paid, or the aggregate thereof, to said principal sum and collect the same with interest thereon in the manner provided in this Note; then the above obligation to be void, or else to be and remain in full force and virtue. And the further condition of this obligation is such, that if at any time default shall be made in payment of the principal debt or any installment thereof or interest, or additions thereto as aforesaid, for the space of ten days after any payment thereof shall fall due, or if any breach of any other of the foregoing conditions be made by the said obligor, his heirs, executors, administrators or assigns, then and in such case the said principal sum shall, at the option of the said obligee, her executors, administrators or assigns, become due, and the payment of the same, with interest and costs due thereon, and additions as aforesaid, besides costs of suit, may be enforced and recovered at once, anything herein contained to the contrary thereof in anywise notwithstanding. And further, the obligor does hereby empower any attorney of any court of record of the Commonwealth of Pennsylvania to appear for him, and with or without declaration filed in his names, to confess a judgment or judgments in favor of the above-mentioned obligee, her executors, administrators, or assigns, and against the obligee, for the sum of the outstanding principal due, accrued interest, and additions as aforesaid with costs of suit, and charges, as aforesaid; on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Note or said mortgage. The undersigned hereby forever waive and release all errors in said proceedings, waive stay of execution, the right of inquisition and extension of time of payment, agree to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that is or hereafter may be exempted by law. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: (SEAL ) John H. Kyle, Obligor (SEAL) Therese M. Kyle, Obligee 2 STANDARD PENNSYLVANIA RESIDENTIAL, LEASE AGREEMENT This Residential Lease Agreement dated this day of 2007, between John H. Kyle, Landlord and Therese Maria Kyle, as Tenant. 1. LEASED PREMISES. Landlord leases to Tenant upon the terms and conditions contained in this Residential Lease Agreement, 49 Bayberry Drive, Mechanicsburg, Pennsylvania. 2. TERM OF LEASE. The term of this Residential Lease Agreement commences on the 4th day of January, 2005 and terminates on the 1St day of January, 2011. 3. RENTAL PAYMENT. Tenant shall pay to Landlord the sum of Four Hundred Dollars per month ($400.00) as basic rental for the lease term. The rental shall be payable monthly in advance on or before the fifth day of each month during the lease term in the amount of $400.00 without prior demand by Landlord. Payment-of rental shall be to the address of Landlord or upon written notice to Tenant, at another location. If the term of this lease shall commence on a date other than the first of the month, Tenant shall pay the monthly rental upon the commencement date. The rental paid shall be applied upon the first. partial month and the last partial month. 'The second monthly payment shall be paid on the first day of the month following commencement of the lease term and shall be applied upon that month's rental. Landlord and tenant agree that timely payment of the rental and performance of all terms and conditions of this lease agreement are of the essence of this lease agreement. If the monthly rental shall not have been paid after the 5th of the month when the rental shall have been due, then Tenant agrees to pay the late charge of $1.00 per day retroactive to the day when the. payment was due to compensate Landlord for additional administrative costs, expenses and liquidated damages caused by the late payment. If payment is made to Landlord at the proper address by first class mail,, postage prepaid, then the date of the postmark shall be deemed to be. the date of payment. The time and manner of payment of the rental is subject to the right of Landlord to accelerate the rent and. enforce collection of the entire unpaid balance of the rental for the remaining term of the lease if Tenant shall breach the terms or conditions of this Lease Agreement. 4. ADDITIONAL, RENT. The rent payable by Tenant to Landlord shall increase to $800.00 per month if Tenant has another adult residing in the residence with her for an overnight period or if Tenant marries and continues in possession of the rental property. 5. INABILITY OF LANDLORD TO GIVE POSSESSION. If Landlord is unable to transfer possession to Tenant upon the commencement of this Residential Lease Agreement, then the lease term shall begin, but Tenant's_duty to pay rent shall be suspended until Landlord is able to transfer possession to Tenant. 6. DESTRUCTION OF LEASED PREMISES- Tenant shall notify Landlord as soon as possible of any casualty loss in or about the Leased Premises and Tenant shall notify Landlord immediately of any circumstance or condition in or about the Leased Premises which threatens the Leased Premises, or the property or safety of Tenant, Landlord or others. If the leased Premises is partially destroyed by fire or other casualty, Tenant shall have the right and option 1) to continue to occupy the habitable portion of the premises, or 2) to terminate this Residential Lease Agreement absolutely and receive all sums prepaid on account of rent through the date of transfer of possession to Landlord. 7• INSURANCE. Landlord shall insure the structure within which the Leased Premises is located for fire and extended coverage. Tenant shall insure Tenant's personal property in or about the Leased Premises. 8. SUBLETTING AND ASSIGNMENTS. Tenant shall not assign this Residential Lease Agreement or enter into any sublease agreement without the prior written consent of Landlord. Any attempted assignment or sublease by Tenant without the prior written consent of Landlord is null and void and is a breach of the conditions of this Residential Lease Agreement. 9- RELIEF OF LANDLORD FROM LIABILITY. Tenant releases Landlord from liability for any personal injury or damage to property of Tenant, Tenant's family, guests, or invitees not arising from the negligence or intentional acts of Landlord or Landlord's agents or employees. Landlord shall not be liable for any injury or damage caused by water, rain, snow or ice that may leak or flow from whatever source into or about the Leased Premises or the building within which the Leased Premises is located. 10. USE AND OCCUPANCY OF LEASED PREMISES. The Leased Premises may be used for residential purposes only without the prior written consent of Landlord. Tenant shall occupy and use the premises in conformance with all Federal, State and Local laws, Regulations and Ordinances now in force or that may be enacted in the future. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any activity in or about the Leased Premises which substances or activities expose Tenant, Landlord, or others to a risk of injury, loss or damage. 2 11. RULES AND REGULATIONS. In addition to the terms and conditions of this Residential Lease Agreement, Tenant shall be bound by the Rules and Regulations applicable to all tenants which Rules and Regulations are attached to this Residential Lease Agreement. Landlord shall have the right during the term of this lease to alter, amend or modify these Rules and Regulations, provided that any alteration, amendment or modification shall serve the purpose of preserving the Leased Premises and the quiet enjoyment of all the tenants. No alteration, amendment, or modification shall become effective as to Tenant until Tenant shall have been provided with a written copy of the altered, amended or modified Rules and Regulations by mail, posting or delivery to the Leased Premises. Tenant agrees that a violation of the Rules and Regulations shall be a breach of the terms and conditions of this Residential Lease Agreement and that upon any violation, Landlord shall be permitted to exercise any and all remedies provided for in this Residential Lease Agreement. 12. SUBORDINATION. The parties acknowledge and agree that this Residential Lease Agreement is under, subject, and subordinate. to any and all mortgages and security interests that presently encumber the property or that in the future may encumber the property of which the Leased Premises is a part. 13. CARE AND MAINTENANCE OF LEASED PREMISES. Tenant shall use due care in the use and occupancy of the Leased Premises and all appliances, furniture (if applicable), fixtures, and all heating and ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise due care when using any part of the building within which the Leased Premises is located. Tenant shall pay for all repairs to the Leased Premises, its contents, or any property of Landlord caused by the lack of due care by Tenant, Tenant's family members, Tenant's guests and invitees. Upon termination of this Residential Lease Agreement for any cause, Tenant shall peaceably surrender possession of the Leased Premises and its contents to Landlord in as good order and repair as upon the commencement of the lease term, excepting only reasonable wear and tear. Tenant shall notify Landlord of any repairs or the need for repairs within the Leased Premises. Tenant shall be responsible for all repair and maintenance costs of $500.00 or less for each such repair or maintenance item. 14. RIGHT OF ENTRY. Landlord, Landlord's agent and persons authorized by Landlord shall have the right to enter the Leased Premises at all reasonable times to inspect, perform maintenance, do repairs and show the premises to prospective tenants and purchasers. The Landlord shall have the right to display the usual "TO LET" or "TO RENT" signs on the exterior of the Leased Premises during the last sixty (60) days of the Lease term described herein. 3 15. UTILITIES. Charges for utilities and services supplied to the Leased Premises shall be paid as follows: Charge or Service: Paid By: Television Cable ~ Tenant Electric to Premises Tenant Water Service Tenant Refuse Collection Tenant Lawn Maintenance Tenant Snow and Leaf Removal Tenant Sewer Charges Tenant Pest Control Charges Tenant Phone ~ Tenant Landlord shall have the right temporarily to suspend any utility or other services to the Leased Premises in order to do maintenance and repair or protect the property of Landlord or Tenant from risk of harm or loss. In the event that Tenant should fail or refuse to provide the services listed above as Tenant`s responsibility, including keeping the lawn and snow removal conditions in compliance with-local or state ordinances, the Landlord may perform said services, at the expense of the Tenant, and such expense may be added to the rent for the month in which it is incurred and collected as a part of the rent for such month. 16. TERMINATION OF TENANCY. The following shall be grounds for the termination of the tenancy by the landlord: a) Serious or repeated violation of the terms and conditions of the lease; or b)Violation of applicable Federal, State or local law which imposes obligations on the tenant in connection with the occupancy of use of the dwelling unit and surrounding premises; or c) Other good cause- -the following are some examples of "other good cause" for termination of tenancy by the Landlord: i) A Tenant family history of disturbance of neighbors or destruction of property or of living or housekeeping habits resulting in damage to the unit or property; ii) Criminal activity by Tenant family members including especially, but not limited to, crimes or acts of physical violence to persons or property, and also including violations of the laws relating to the manufacture and sale of intoxicating liquors, or the laws relating to the manufacture, sale or possession of controlled substances. 17. REMEDIES. The parties acknowledge and agree that time is of the essence and if Tenant shall fail to pay the rental-reserved or any other charges when due, or if Tenant shall breach any other term or condition of this Residential Lease Agreement, then Landlord 4 shall have the right and option to pursue any or all of the following remedies: a) Termination of lease, upon thirty (30) days written notice, to be served by posting on the premises or handing to an adult resident of the premises. b) Bring an action in court to recover possession of the Leased Premises. c) Bring an action to recover the whole balance of the rent and charges due for the unexpired lease term. d) Bring an action for damages caused by Tenant's breach which damages include reasonable attorney's fees and costs. e) Bring an action for an injunction to enforce the Landlord's rights under this Lease. All remedies contained in this Residential Lease Agreement shall be cumulative and concurrent. If Landlord shall pursue any remedy it shall not be deemed to be a waiver of the right to seek any other remedy that may exist. Either party shall have the right to require strict compliance with the terms and conditions of this Lease Agreement without having insisted upon strict compliance at any time during the term of this Lease Agreement. Any conduct. which is inconsistent with the right to insist upon strict compliance shall not be a waiver of the right to insist upon strict compliance in the future, shall not create a custom, and shall not modify the terms and conditions of the Lease Agreement. 18. ATTORNEY'S FEES AND COSTS. If Landlord shall enforce the provisions of the Residential Lease Agreement in any court against the Tenant, Landlord shall be entitled as part of any court judgment to be reimbursed for all costs and expenses of enforcement including reasonable attorney's fees. 19. CONDEMNATION OF LEASE PREMISES. If all or any part of the Leased Premises (or the building within which the Leased Premises is located) shall be condemned under the government's power of eminent domain, the lease shall terminate as to the portion taken. Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all or any portion of the Leased premises (or the building within which the Leased Premises is located) or because this Residential Lease Agreement has been terminated. 20. BINDING EFFECT. This Residential Lease Agreement shall be binding upon the heirs, executors,. personal representatives, S successors and assigns of the parties hereto. Tenant shall not have the right to assign this lease or sublet the Leased Premises without the prior written consent of Landlord. 21. HOLDING OVER. Should Tenant remain in possession of the Leased Premises after the expiration of this Lease, a new month-to- month tenancy shall be created between Landlord and Tenant which shall be subject to all the terms and conditions hereof but shall be terminated upon thirty (30) days written notice served by either Landlord or Tenant on the other party. 22. MODIFICPaTION OF AGREEMENT. It is agreed that neither Landlord or Tenant shall undertake to establish any additional understandings of the parties with respect to the subject matter of this Lease, unless the same be in writing,' and duly signed by the party to be charged thereby. This Residential Lease Agreement dated this day of 2007. Landlord: Tenant: 6 RULES AND REGULATIONS The Rules and Regulations indicated (X) below are part of the lease agreement between Landlord and Tenant. [ ] No alternate heating sources such as kerosene heaters and space heaters shall be permitted to be operated within the Leased Premises without the prior consent in writing of Landlord. [ ] Tenant shall be responsible for testing all fire warning devises such as smoke detectors and fire alarms within the Leased Premises and s-hall notify Landlord if any fire warning or fire abatement devise is not functional. Tenant shall not disable, or permit to be disabled, any fire warning device or discharge any fire extinguisher. [ ] Tenant shall not permit the premises to be unoccupied for longer than five (5) consecutive days without notifying the Landlord (or Landlord's designated agent). [ ] Tenant shall maintain the heat within the Leased Premises at a temperature no less than 50 degrees during the winter period from November through April. [ ] Tenant shall provide appropriate nonflammable container for trash and rubbish, shall keep the Leased Premises and the common areas free from litter and rubbish and shall deposit all trash and rubbish from the Leased Premises into the designated common waste disposal containers. Landlord: Tenant: 7 MARRIAGE SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this day of 2047, by and between John Henry Kyle of 195 Konhaus Road, Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband", AND Therese Maria Kyle, of 49 Bayberry Drive, Cumberland County, Pennsylvania 17055, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 26, 198b; and WHEREAS, the parties are the natural parents of one (1) minor child: Christopher Kyle; and WHEREAS, because of disputes and unhappy differences between the parties, the parties to this Agreement separated in February, 1999; 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 by specification, the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife, the implementation of custody/visitation arrangements for the children of the parties and in general the settling of any and all claims and possible claims by one against the other or against their respective Estates; and WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of the marital status, particularly with respect to the Divorce Code, and as amended, and being fully aware of the right to consult with or having consulted with their respective legal counsel or advisors, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Husband has filed a no-fault Complaint in Divorce; said Complaint being docketed in the Cumberland County Prothonotary's Office at No. 99-2241 CIVIL; and WHEREAS, complete information has been exchanged in regard to the income and assets of the parties; and WHEREAS, the parties have agreed to set forth their agreement in writing; and WHEREAS, both Husband and Wife fully understand all of the terms, conditions and provisions of this Agreement and believe it to be fair, just, adequate and reasonable as to each of them and consonant with their best interest and, accordingly, both Husband and Wife freely and voluntarily accept such terms., conditions and provisions. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and intending to be legally bound hereby, and for other good and valuable sufficient consideration, the receipt whereof is hereby 2 acknowledged, the parties mutually agree as follows: SECTION I LIVING SEPARATE It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit, each free from all dominion, restraint, and control by the other, whether direct or indirect, as fully as if unmarried. Each party may hereafter reside at such place or places as he or she may select, except as indicated otherwise herein. Neither party shall molest or interfere with the other nor compel or attempt to compel the other to cohabitate or dwell with him or her by any means whatsoever, whether by legal action or otherwise. SECTION II DIVISION OF PERSONAL PROPERTY There is hereby apportioned, set aside, transferred and confirmed to Wife, free of all claim and demand of Husband, all personal property located at her residence. There is hereby apportioned, set aside, transferred and confirmed to Husband, free of all claim and demand of Wife, all.personal property located at Husband's residence. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal praperty between them and they ,mutually agree that each party shall from and after the date 3 hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, 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. Each party shall promptly execute and deliver to the other party, or any nominee or nominees of the other party, all instruments that may be necessary, convenient or appropriate to carry into effect, fully and fairly, all of the provisions of this Agreement for division and confirmation of personal property. The parties hereto have divided between themselves, to their mutual satisfaction, all items of personal tangible 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 are now in the possession and/or under the control of the other, except as otherwise set forth herein. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate 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. 4 Each party releases, quit claims, and assigns to the other party all of his or her right, title, and interest, present and prospective, in each item of property herein apportioned, set aside, transferred, and confirmed to the other party, including but not limited to, all rights of dower or curtesy, Choate or inchoate, homestead, family rights upon probate and rights to equitable distribution of marital property. Henceforth, each party shall own all property hereby apportioned or confirmed to him or her, free and clear of any and all claim by the other, with power to deal with or dispose of same as fully as if he or she were unmarried. SECTION III REAL PROPERTY The parties hereto presently own real estate in Cumberland County, Pennsylvania with an address of 49 Bayberry Drive, Mechanicsburg, Pennsylvania. There is currently a mortgage owed to Washington Mutual on the marital residence with a balance at separation of $78,000.40. Wife hereby agrees to execute a deed in favor of Husband transferring to Husband all interest in said real estate to Husband. Thereafter, this real estate shall be. the sole and separate property of Husband. Notwithstanding that transfer of legal and equitable title, Husband hereby agrees to pay to Wife the Sum of Twenty Thousand Dollars $20,000.00 on or .before January 1, 2011, which sum shall bear interest at Six percent (6$) per annum, beginning January 4, 2005. This debt is to be secured by a mortgage 5 in favor of Wife against the 49 Bayberry property. A copy of the note and mortgage are attached hereto as Exhibits "A" and "B". Husband further covenants and agrees that he will be solely responsible for and shall indemnify Wife from the mortgage payable on the real estate as referred to above. Husband shall make a good faith effort, on an annual basis, to refinance said mortgage into his name alone, and Wife agrees to subordinate her mortgage to said refinanced mortgage, if Husband so qualifies. As additional consideration for this transfer, Husband and Wife have entered into a lease agreement as set forth on the attached Exhibit "~C" to allow Wife to reside at the real estate under the terms and conditions of said lease. Said lease shall terminate, if not sooner, on January 1, 2011. Husband and Wife further agree that Wife shall have the option to purchase the real estate from Husband at a purchase price of $145,000.00. This option to purchase shall terminate on January 1,.2011. Husband shall have the option to refinance the existing mortgage for an amount .up to $115,000.00 if he so elects, and Wife shall subordinate her mortgage to said financing if so requested by Husband. SECTION IV PENSION/RETIREMENT BENEFITS Husband and Wife hereby waive any rights that he or she may have to the retirement benefits of the other participant spouse under the Retirement Equity Act of 1984 or any subsequent Federal or State law. Husband and Wife, in the future, will execute any consents required by the Internal Revenue Service, the plan 6 administrator or any other party to properly waive any right that he or she may have to the retirement benefits of the other participant spouse under the Retirement Equity Act of 1984 or any other Federal or State law including the provisions of the Pennsylvania Divorce Code, now or as hereafter amended. Specifically included in this waiver, Wife hereby waives and relinquishes any and all interest in Husband's SEP account with Wells Fargo, worth approximately $31,000.00 as of the date of the separation of the parties. e~rmTnr~ t~ MOTOR VEHICLES Each party shall retain the vehicle in his or her possession and shall indemnify and hold harmless the other party from all debt and/or obligation against the vehicle which he or she retains. Each party shall sign whatever documents are necessary to transfer title to the party who retains his or her vehicle. At the time of the separation of the parties, Wife possessed a 1990 Chevrolet Lumina automobile. Husband hereby agrees to transfer any and all title to said car to Wife. At the time of the separation of the parties,' Husband possessed a 1997 Chevrolet Tahoe truck, with an encumbrance of approximately $22,000.00. Husband hereby agrees to indemnify and hold wife harmless on the principal and any payment owed for said truck. Wife hereby agrees to allow Husband exclusive use and possession of said truck and further agrees to sign all title over to said truck upon 7 demand by Husband. SECTION VI WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right in the estate of Wife and Wife relinquishes her inchoate intestate right in the estate of Husband. Each of the parties hereto by these presents, for himself or herself, his or her heirs, executors., administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, from any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. SECTION VII CUSTODY The parties hereto are the natural parents of one (1) minor child as recited above. The parties hereby agree that Husband and Wife shall have shared legal custody of the child. Wife shall have primary physical custody of the child subject to the following period of partial physical custody for Husband: A. Alternating weekends from Friday to Sunday, with times and 8 places of exchange to be mutually agreed upon by the parties. B. Every Tuesday and Thursday overnight. C. Holidays. Physical custody shall be shared between the parties with times and places of exchange of custody to be mutually agreed upon by the parties. SECTION VIII CHILD SUPPORT Child support has been resolved by virtue of an Order entered in the Domestic Relations Section of Cumberland County, Pennsylvania at case no. 00563 S 2000, PACSES no. 212102425. SECTION IX ALIMONY, SUPPORT AND MAINTENANCE Husband and Wife hereby waive and relinquish any claim either may have against the other for spousal support, alimony pendente lute, alimony, maintenance or like claim which may arise under the Pennsylvania Divorce Code, as amended. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property, alimony, spousal support and alimony pendente lite~are fair, adequate and satisfactory to them and are acceptable as and in lieu of and in full and final satisfaction of any claim or demand that either may now or hereafter have against the other for support, maintenance, alimony pendente lite, alimony, attorneys fees and costs. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support, alimony, alimony pendente lite, costs, 9 attorneys fees, or maintenance, except as otherwise set forth herein. Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code. in Pennsylvania and any amendments thereto, wherein considerations are set forth in determining an obligation of alimony and further considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code, and any amendments thereto, both parties voluntarily and intelligently waive and relinquish any right to seek from the other payments for support, alimony, alimony pendente lite, costs, attorneys fees and maintenance, except as otherwise set forth herein. SECTION X DEBTS OF HUSBAND AND WIFE Other than the joint mortgage .on the marital residence as referred to above and the vehicle loan on the vehicle to be transferred to Husband, all other debts of the parties are hereby represented and covenanted between Husband and Wife as having been paid in full, and any debts incurred by either of the parties hereto, whether in their name or jointly with another, will be the sole responsibility of the party so incurring the debt. Nothing herein shall obligate Husband to pay on any debt which existed on the date of the separation of the parties that was discharged in a bankruptcy proceeding filed by Husband in the Middle District of 10 Pennsylvania at case no. 1-05-01498. Any debts incurred by Husband or Wife in their name or jointly with another person after the date of the separation of the parties shall be the sole responsibility of said party and said party will indemnify the other from any claims made against the other for the payment of said debt. SECTION XI TRANSFER OF BUSINESS INTEREST Wife hereby transfers to Husband all ownership interest and claims she may have, whether legal or equitable, in Husband's Snap- On Tools Company, including any and all inventory, franchise rights, assets, accounts receivable and the like. Hereafter, said company interest shall be the sole and separate property of Husband, free of any claim or demand of Wife. SECTION XII MUTUAL RELEASE Subject to the provisions of this Agreement each party waives his or her right to any 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 in accordance with the Divorce Code of Pennsylvania: Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does by himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the 11 parties ever had or now has against the other except any or all claims or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. SECTION XIII SUBSEQUENT DIVORCE AND ATTORNEY'S FEES A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this .Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania or any other Court of competent jurisdiction, as part of a resolution of any divorce action filed or to be filed. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Pennsylvania Divorce Code. Husband and Wife agree that each will pay his or her own attorney's fees and court costs for the divorce and preparation of this Agreement. SECTION XIV ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants, understandings or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions 12 of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based upon 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 Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and .intelligently waives and relinquishes 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 purposes of enforcing the provisions of this Agreement. SECTION XV VOLUNTARY EXECUTION Each party has been advised of his or her right to independent legal counsel in the preparation and interpretation of this Agreement. 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 13 financial affairs of the other. SECTION XVI ADDITIONAL INSTRUMENTS Husband and Wife 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 conditions of this Agreement. SECTION XVII MODIFICATION AND WAIVER Any 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. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. SECTION XVIII MISCELLANEOUS If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for breach, or seek other remedies of relief as may be available to him or her. In the event that it is necessary for either of the parties hereto to retain legal counsel for representation enforcing their rights under the terms of this 14 Agreement, it is hereby agreed that if that party prevails, in addition to any remedies provided by law or equity, the prevailing party will be entitled to compensation for reasonable attorney fees from the. other party as part of any remedy for enforcement of that separate right. The descriptive headings used herein are for convenience only. They shall not have any affect whatsoever in determining the rights or obligations of the parties. 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. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 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. SECTION XIX BINDING AGREEMENT This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. It is specifically agreed between the parties that the terms of this Agreement shall not be modifiable except by agreement of the parties, notwithstanding any 15 contrary provision of the Divorce Code, or as amended. This Agreement shall be incorporated into a final Divorce Decree, notwithstanding that the parties hereby covenant and agree that the terms of the Agreement shall not be modified by Order of Court. It is also specifically agreed that the terms of this Agreement, upon. incorporation into the Divorce Decree, shall be enforceable as any other Order of Court entered into by a court of competent jurisdiction of this Commonwealth. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) John Henry Kyle (SEAL) Therese Maria Kyle STATE OF PENNSYLVANIA SS. COUNTY OF ADAMS , On this the day of 2007, before me, the undersigned officer, personally appeared John H. Kyle, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Title of Office 16 (SEAL ) STATE OF PENNSYLVANIA COUNTY OF SS. On this the day of 2007, before me, the undersigned officer, personally appeared Therese M. Kyle known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Title of Officer 17 (SEAL) MORTGAGE NOTE KNOW ALL MEN BY THESE PRESENTS, THAT John H. Kyle, hereinafter referred to as "Obligor", of 195 Konhaus Road, Mechanicsburg, Pennsylvania, is hereby held and firmly bound unto Therese M. Kyle, of 49 Bayberry Drive, Mechanicsburg, Pennsylvania, hereinafter referred~to as "Obligee", in the sum of Twenty Thousand Dollars ($20,000.00) lawful money of the United States of America, to be paid to the said obligee, her heirs, executors, administrators or assigns, to which payment well and truly to be made, the obligor does-bind himself, his heirs, executors and administrators, and every of them, firmly by these presents. Sealed with his seal. Dated the - day of 2007. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said obligor", his heirs, executors or administrators, or any of them, shall and do well and truly pay, or cause to be paid unto the said obligee, her heirs, executors, administrators or assigns the sum of Twenty Thousand Dollars ($20,000.00), payable as follows: Twenty Thousand Dollars on or before the 1st day of January, 2011, with accrued interest. Interest shall accrue on said outstanding loan principal at an annual fixed rate of Six Percent (6~). No payments shall be due on principal or accrued interest until January 1, 2011 at which time all accrued interest and principal shall be due and payable in full. It is hereby acknowledged that the Obligor has been making payments of Fifty Dollars per month since January 4, 2005 to Obligee toward this note balance, notwithstanding that the note post-dates these payments. Obligee acknowledges receipt of these payments as a credit against said note obligation. These payments are an ongoing monthly credit due to Obligee making a reduced payment of $350.04 per month to Obligor under a lease agreement between Obligor as Landlord and Obligee as Tenant under a separate lease agreement which calls for monthly rent payments of $400.00 per month. Obligor shall have the right and option, at his election, to make payments prior to January 1, 2011, in whole or in part, which payments shall first be applied to interest and then to principal without any fraud or further delay and also from time to time, and at all times until payment of the said principal sum be made, as aforesaid, and obligors further covenant and agree to pay all taxes lawfully assessed and levied by any proper tax authority against the premises described in the said Mortgage as well as all lawful municipal claims including charges, whether or not reduced to liens, for paving, sidewalks and repairs thereto, sewers, and water rents charged by any municipal or any municipal authority; and upon demand therefore obligor shall exhibit to obligee proper receipts for such taxes and municipal claims, and that if obligor neglects to pay such taxes and municipal claims, obligee may pay the.same or any part EXH~BI~1 ~A~' thereof and add the amount or amounts so paid, or the aggregate thereof, to said principal sum and collect the same with interest thereon in the manner provided in this Note; then the above obligation to be void, or else to be and remain in full force and virtue. And the further condition of this obligation is such, that if at any time default shall be made in payment of the principal debt or any installment thereof or interest, or additions thereto as aforesaid, for the space of ten days after any payment thereof shall fall due, or if any breach of any other of the foregoing conditions be made by the said obligor, his heirs, executors, administrators or assigns, then and in such case the said principal sum shall, at the option of the said obligee, her executors, administrators or assigns, become due, and-the payment of the same, with interest and costs due thereon, and additions as aforesaid, besides costs of suit, may be enforced and recovered at once, anything herein contained to the contrary thereof in. anywise notwithstanding. And further, the obligor does hereby empower any attorney of any court of record of the Commonwealth of Pennsylvania to appear for him, and with or without declaration filed in his names, to confess a judgment or judgments in favor of the above-mentioned obligee, her executors, administrators, or assigns, and against the obligee, for the sum of the outstanding principal due, accrued interest, and additions as aforesaid with costs of suit, and charges, as aforesaid; on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Note or said mortgage. The undersigned hereby forever waive and release all errors in said proceedings, waive stay of execution, the right of inquisition and extension of time of payment, agree to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that is or hereafter may be exempted by law. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: (SEAL ) John H. Kyle, Obligor (SEAL ) Therese M. Kyle, Obligee 2 MnRT(,AC,F THIS MORTGAGE made this day of 2007, between John H. Kyle, of 195 Konhaus Road, Mechanicsburg, Pennsylvania, Mortgagor, and Therese M. Kyle, of 49 Bayberry Drive, Mechanicsburg, Pennsylvania, Mortgagee. WHEREAS, the Mortgagor, as the Borrower, on this date has executed and delivered to the Mortgagee, as the Lender, a fixed rate note in the sum of Twenty Thousand Dollars ($20,000.00), hereinafter referred to as the "Principal", providing for interest thereon at the fixed rate specified therein and the performance of all the terms, covenants and conditions therein contained,.all of which by this reference thereto are incorporated herein and made a part hereof. NOW THIS INDENTURE WITNESSETH, that the Mortgagors, for and in consideration of the Principal and for the better securing the payment thereof unto the Mortgagee, in discharge of said fixed rate note, hereinafter referred to as the "Note", and for and in consideration of the further sum of $1.00 this date well and truly paid to the Mortgagor~by the Mortgagee, the receipt whereof is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, release, convey and confirm unto the Mortgagee, ALL THAT CERTAIN piece or Spring Township, Cumberland County, Final Subdivision Plan for Mulberry Wynnewood West Development Company, Civil Engineers, Inc., and recorded of Cumberland County, Pennsylvania, more particularly described as foll parcel of land situate in Silver Pennsylvania, as set forth on a Crossing, Section Three, as prepared by Gannett Fleming in the Recorder of Deeds Office in Plan Book 49, Page 111, and aws: BEGINNING at a point on the right-of-way line of Bayberry Drive, at the dividing line between Lots. No. 194 and 195, as shown on the aforementioned Subdivision Plan; thence along said right-of-way Line of Bayberry Drive North 30 degrees 47 minutes 49 seconds East, a distance of 68.50 feet to a point at the dividing line between Lots. No. 195 and 196; thence along same South 59 degrees 12 minutes 11 seconds East, a distance of 196.51 feet to point at the dividing line between Lots. No. 195, 196 and 190; thence along the dividing line between Lots 195, 190, 191 and 192, South 79 degrees 20 minutes 46 seconds West, a distance of 103..48 feet to a point at the dividing line between Lots. No. 195, 192 and 194; thence along the dividing line between Lots No. 195 and 194 North 59 degrees 12 minutes 11 seconds West, a distance of 118.95 feet to the point and place of BEGINNING. EX.1~lBi1 `' ~`' BEING Lot No. 195 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company and containing 10,805 sq. ft., more or less. UNDER AND SUBJECT to set back lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. BEING the same which Wynnewood West Development Company, a Pennsylvania partnership, by its deed dated August 8, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 33 at page 299, sold and conveyed unto John H. Kyle and Therese M. Kyle, then husband and wife, which real estate is to be titled into the name of John H. Kyle, solely, by deed to be recorded immediately prior to the recording of this mortgage. TOGETHER with•all and singular the woods, waters, ways, rights, liberties, and appurtenances to the same belonging reversions and remainders, rents issues and to hold the same and the real estat the Mortgagee forever. buildings, improvements, privileges., hereditaments or appertaining, and the and profits thereof; to have e hereinbefore conveyed, unto MORTGAGOR PROMISES AND AGREES THAT: 1. The Mortgagor shall be liable and obligated to pay the full amount owing under said Note in accordance with the terms thereof, and shall be liable and obligated to keep and perform all of the covenants, promises and agreements contained in this Mortgage and in said Note. 2. Mortgagor will pay,. on or before the respective due dates thereof, any other taxes (including corporate taxes), assessments, charges, claims or encumbrances that may be or become a lien prior to the lien of this Mortgage, or that have priority to this Mortgage in the distribution of the proceeds of a judicial sale of the mortgage premises. 3. If the-Mortgagor fail to pay any of the aforesaid taxes, assessments, charges, claims or encumbrances on or before the respective due dates thereof, then Mortgagee shall have the option of paying the same or any thereof, and upon any such payment by the Mortgagee, the amount thereof shall automatically be added to and become a part of the Principal and shall bear interest from the time the same is so added to the Principal at the rate then in effect under the terms of said Note. 4. If the Mortgagor fails to pay any instalment of Principal 2 and/or interest required by said Note when the same shall fall due thereunder, or within the period of ten days thereafter, or fail to pay any of the aforesaid taxes, assessments, charges, claims or encumbrances on or before the respective due dates thereof, then and in any of said events, the Principal and all sums added thereto, together with interest to date at the rate then in effect under the terms of said Note, and together also with 5o attorneys' commissions on said Principal and interest shall become due and payable at the option of the Mortgagee, and such remedy or remedies as the law may now or hereafter provide may forthwith be invoked and prosecuted by the Mortgagee against the Mortgagor, including, but not limited to, an action of mortgage foreclosure. 5. Mortgagor hereby waive all errors in any proceedings, together with all stay of or exemption from execution, or extension of time of payment which may be given by any law now in force, or which may be enacted hereafter, and together also with the right of appraisement, the right of inquisition and the right of appeal. 6. Tf, without the prior written consent of the Mortgagee, all or any part of the mortgaged premises securing said Note is sold, transferred or conveyed to any person, corporation or legal entity (herein called the "New Owner"), other than the Mortgagor herein, the Mortgagee may, at her sole option, declare all sums remaining unpaid, including interest due or accrued thereon, to be immediately due and payable. 7. The Mortgagor's covenants, promises and agreements contained in this Mortgage shall be legally binding upon the Mortgagor, and his respective personal representatives, heirs, successors and assigns. The Mortgagee's rights and privileges contained in this Mortgage shall inure to the benefit of the Mortgagee and her heirs, successors and assigns. This Mortgage shall be governed by the law of the state in which said mortgaged. premises are located. If less than two Mortgagors shall sign this Mortgage, all covenants, promises and agreements, which are drawn in the plural, shall be deemed to be in the singular. PROVIDED ALWAYS, NEVERTHELESS, that if the Mortgagor shall pay unto the Mortgagee the Principal and interest thereon in the manner and at the times specified in said Note, and shall in all respects comply with all of the covenants, promises and agreements herein- before contained, then this Mortgage shall become null and void to all intents and purposes. IN WITNESS WHEREOF, the Mortgagor has hereunto subscribed his names and affixed his seal the day and year first above written. Witness: John H. Kyle (SEAL ) 3 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ADAMS On this, the day of 2007, before me, the undersigned officer, personally appeared John H. Kyle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: I HEREBY CERTIFY that the precise residence address of the within named Mortgagee is: Attorney for Mortgagee 4 STANDARD PENNSYLVANIA RESIDENTIAL LEASE AGREEMENT This Residential Lease Agreement dated this day of 2007, between John H. Kyle, Landlord and Therese Maria Kyle, as Tenant. 1. LEASED PREMISES. Landlord leases to Tenant upon the terms and conditions contained in this Residential Lease Agreement, 49 Bayberry Drive, Mechanicsburg, Pennsylvania. 2. TERM OF LEASE. The term of this Residential Lease Agreement commences on the 4th day of January, 2005 and terminates on the 1St day of January, 2011. 3. RENTAL PAYMENT. Tenant shall pay to Landlord .the sum of Four Hundred Dollars per month ($400.00) as basic rental for the lease term. The rental shall be payable monthly in advance on or before the fifth day of each month during the lease term in the amount of $400.00 without prior demand by Landlord. Payment of rental shall be to the address of Landlord or upon written notice to Tenant, at another location. If the term of this lease shall commence on a date other than the first of the month, Tenant shall pay the monthly rental upon the commencement date. The rental paid shall be applied upon the first partial month and the last partial month. The second monthly payment shall be paid on the first day of the month following commencement of the lease term and shall be applied upon that month's rental. Landlord and tenant agree that timely payment of the rental and performance of all terms and conditions of this lease agreement are of the essence of~this lease agreement. If the monthly rental shall not have been paid after the 5th of the month when the rental shall have been due, then Tenant agrees to pay the late charge of $1.00 per day retroactive to the day when the payment was due to compensate Landlord for additional administrative costs, expenses and liquidated damages caused by the late payment. If payment is made to Landlord at the proper address by first class mail, postage prepaid, then the date of the postmark shall be deemed to be the date of payment. The time and manner of payment of the rental~is subject to the right of Landlord to accelerate the rent and enforce collection of the entire unpaid balance of the rental for the remaining term of the lease if Tenant shall breach the terms or conditions of this Lease Agreement. 4. ADDITIONAL RENT. The rent payable by Tenant to Landlord shall increase to $800.00 per month if Tenant has another adult residing in the residence with her for an overnight period or if Tenant marries and continues in possession of the rental property. 5. INABILITY OF LANDLORD TO GIVE POSSESSION. If Landlord is unable to transfer possession to Tenant upon the commencement of this Residential Lease Agreement, then the lease term shall begin, but Tenant's duty to pay rent shall be suspended until Landlord is able to transfer possession to Tenant. 6. DESTRUCTION OF LEASED PREMISES. Tenant shall notify Landlord as soon as possible of any casualty loss in or about the Leased Premises and Tenant shall notify Landlord immediately of any circumstance or condition in or about the Leased Premises which threatens the Leased Premises, or the property or safety of Tenant, Landlord or others. If the leased Premises is partially destroyed by fire or other casualty, Tenant shall have the right and option 1) to continue to occupy the habitable portion of the premises, or 2.) to terminate this Residential Lease Agreement absolutely and receive all sums prepaid on account of rent through the date of transfer of possession to Landlord. 7. INSURANCE. Landlord shall insure the structure within which the Leased Premises is located for fire and extended coverage. Tenant shall insure Tenant's personal property in or about the Leased Premises. 8. SUBLETTING AND ASSIGDA~NT3. Tenant shall not assign this Residential Lease Agreement or enter into~any sublease agreement without the prior written consent of Landlord. Any attempted assignment or sublease by Tenant without the prior written consent of Landlord is null and void and is a breach of the conditions of this Residential Lease Agreement. 9. RELIEF OF LANDLORD FROM LIABILITY. Tenant releases Landlord from liability for any personal injury or damage to property of Tenant, Tenant's family, guests, or invitees not arising from the negligence or intentional acts of Landlord or Landlord's agents or employees. Landlord shall not be liable for any injury or damage caused by water, rain, snow or ice that may leak or flow from whatever source into or about the Leased Premises or the building within which the Leased Premises is located. 10. IISE AND OCCUPANCY OF LEASED PREMISES. The Leased Premises may be used for residential purposes only without the prior written consent of Landlord. Tenant shall .occupy and use.the premises in conformance with all Federal, State and Local laws, Regulat-ions and Ordinances now in force or that~may be enacted in .the future.. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any activity in or about the Leased Premises which substances or activities expose Tenant, Landlord, or others to a risk of injury, loss or damage. 2 11. RULES AND REGULATIONS. In addition to the terms and conditions of this Residential Lease Agreement, Tenant shall be bound by the Rules and Regulations applicable to all tenants which Rules and Regulations are attached to this Residential Lease Agreement. Landlord shall have the right during the term of this lease to alter,-amend or modify these Rules and Regulations, pravided that any alteration, amendment or modification shall serve the purpose of preserving the Leased Premises and the quiet enjoyment of all the tenants. No alteration, amendment, or modification shall become effective as to Tenant until Tenant shall have been provided with a written copy of the altered; amended or modified Rules and Regulations by mail, posting or delivery to the Leased Premises. Tenant agrees that a violation of the Rules and Regulations shall be a breach of the terms and conditions of this Residential Lease Agreement and that upon any violation, Landlord shall be permitted to exercise any and all remedies provided for in this Residential Lease Agreement. 12. SUBORDINATION. The parties acknowledge .and agree that this Residential Lease Agreement is under, subject, and subordinate to any and all mortgages and security interests that presently encumber the property or that in the future may encumber the property of which the Leased Premises is a part. 13. CARE AND MAINTENANCE OF LEASED PREMISES. Tenant shall use due care in the use and occupancy of the Leased Premises and all appliances, furniture (if applicable), fixtures, and all heating and ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise due care when using any part of the building within which the Leased Premises is located. Tenant shall pay for all repairs to the Leased Premises, its contents, or any property of Landlord caused by the lack of due care by Tenant, Tenant's family members, Tenant's guests and invitees. Upon termination of this Residential Lease Agreement for any cause, Tenant shall peaceably surrender possession of the Leased Premises and its contents to Landlord in as good order and repair as upon the commencement of the lease term, excepting only reasonable wear and tear. Tenant shall notify Landlord of any repairs or the need for repairs within the Leased Premises. Tenant shall be responsible for all repair and maintenance costs of $500.00 or less for each such repair or maintenance item. 14. RIGHT OF ENTRY. Landlord, Landlord's agent and persons authorized by Landlord shall have the right to enter the Leased Premises at all reasonable times to inspect, perform maintenance, do repairs and show the premises to prospective tenants and purchasers. The Landlord shall have the right to display the usual "TO LET" or "TO RENT" signs on the exterior of the Leased Premises during the last sixty (60) days of the Lease term described herein. 3 15. IITILITIES. Charges for utilities and services supplied to the Leased Premises shall be paid as follows: Charge or Service: Paid By: Television Cable Tenant Electric to Premises Tenant Water Service Tenant Refuse Collection Tenant Lawn Maintenance Tenant Snow and Leaf Removal Tenant Sewer Charges Tenant Pest Control Charges Tenant Phone Tenant Landlord shall have the right temporarily to suspend any utility or other services to the Leased Premises in order to do maintenance and repair or protect the property of Landlord or Tenant from risk of harm or loss. In the event that Tenant should fail or refuse to provide the services listed above as Tenant's responsibility, including keeping the lawn and snow removal conditions in compliance with local or state ordinances, the Landlord may perform said services, at the expense of the Tenant, and such expense may be added to the rent for the month in which it is incurred and collected as a part of the rent for such month. 16• TERMINATION OF TENANCY. The following shall be grounds for the termination of the tenancy by the landlord: a) Serious or repeated violation of the terms and conditions of the lease; or b)Violation of applicable Federal, State or local law which imposes obligations on the tenant in connection with the occupancy of use of the dwelling unit and surrounding premises; or c) Other good cause- -the following axe some examples of "other good cause" for termination of tenancy by the Landlord: i) A Tenant family history of disturbance of neighbors or destruction of property or of living or housekeeping habits resulting in damage to the unit or property; ii) Criminal activity by Tenant family members including especially, but not limited to, crimes or acts of physical violence to persons or property, and also including violations of the laws relating to the manufacture and sale of intoxicating liquors, or the laws relating to the manufacture, sale or possession of controlled substances. 17. REMEDIES. The parties acknowledge and agree that time is of the essence and if Tenant shall fail to pay the rental reserved or any other charges when due, or if Tenant shall breach any other term or condition of this Residential Lease Agreement, then Landlord 4 shall have the right and option to .pursue any or all of the following remedies: a) Termination of lease, upon thirty (30) days written notice, to be served by posting on the premises or handing to an adult resident of the premises. b) Bring an action in court to recover possession of the Leased Premises. c) Bring an action to recover the whole balance of the rent and charges due for the unexpired lease term. d) Bring an action for damages caused by Tenant's breach which damages include reasonable attorney's fees and' costs. e) Bring an action for an injunction to enforce the Landlord's rights under this Lease. All remedies contained in this Residential Lease Agreement shall be cumulative and concurrent. If Landlord shall pursue any remedy it shall not be deemed to be a waiver of the right to seek any other remedy that-may exist. Either party shall have the right to require strict compliance with the terms and conditions of this Lease Agreement without having insisted upon strict compliance at any time during the term of this Lease Agreement. Any conduct which is inconsistent with the right to insist upon strict compliance shall not be a waiver of the right to insist upon strict compliance in the future, shall not create a custom, and shall not modify the terms and conditions of the Lease Agreement. 18. ATTORNEY'S FEES AND COSTS. If Landlord shall enforce the provisions of the Residential Lease Agreement in any court against the Tenant, Landlord shall be entitled as part of any court judgment to be reimbursed for all costs and expenses of enforcement including reasonable attorney's fees. 19. CONDEMNATION OF LEASE PREMISES. If all or any part of the Leased Premises (or the building within which the Leased Premises is located) shall be condemned under the government's power of eminent domain, the lease shall terminate as to the portion taken. Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all or any portion of the Leased premises (or the building within which the Leased Premises is located) or because this Residential Lease Agreement has been terminated. 20. BINDING EFFECT. This Residential Lease Agreement shall be binding upon the heirs, executors, personal representatives, 5 successors and assigns of the parties hereto. Tenant shall not have the right to assign this lease or sublet the Leased Premises without the prior written consent of Landlord. 21. HOLDING OVER. Should Tenant remain in possession of the Leased Premises after the expiration of this Lease, a new month-to- month tenancy shall be created between Landlord and Tenant which shall be subject to all the terms and conditions hereof but shall be terminated upon thirty (30) days written notice served by either Landlord or Tenant on the other party. 22. MODIFICATION OF AST. It is agreed that neither Landlord or Tenant shall undertake to establish any additional understandings of the parties with respect t.o the subject matter of this Lease, unless the same be in writing, and duly signed by the party to be charged thereby. This Residential Lease Agreement dated this day of 2007. Landlord: Tenant: 6 RULES AND REGULATIONS The Rules and Regulations indicated (X) below are part of the lease agreement between Landlord and Tenant. [~ ] No alternate heating sources such as kerosene heaters and space heaters shall be permitted to be operated within the Leased Premises without the prior consent in writing of Landlord. [ X ] Tenant shall be responsible for testing all fire warning devises such as smoke detectors and fire alarms within the Leased Premises and shall notify Landlord if any fire warning or fire abatement devise is not functional. Tenant shall-not disable, or permit to be disabled, any fire warning device or discharge any fire extinguisher. [ ~] Tenant shall not permit the premises to be unoccupied for longer than five (5) consecutive days without notifying the Landlord (or Landlord's designated agent). [ ~} Tenant shall maintain the heat within the Leased Premises at a temperature no less than 50 degrees during the winter period from November through April. [~] Tenant shall provide appropriate nonflammable container for trash and rubbish, shall keep the Leased Premises and the common areas free from litter and rubbish and shall deposit all trash and rubbish from the Leased Premises into the designated common waste disposal containers. Landlord: Tenant: JOHN HENRY KYLE, Plaintiff vs. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99 - 2241 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, January 4, 2005. This is the date set for a hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, John Henry Kyle, and his counsel John A. Wolfe, and the defendant, Therese Maria Kyle, and her counsel Jordan D. Cunningham. This action was commenced by a filing of a complaint in divorce on April 14, 1999, raising grounds of irretrievable breakdown of the marriage. Counsel have indicated that the parties have signed affidavits and waivers dated today which will be filed with the Prothonotary's Office following the recitation of the statement of the agreement on the record. The claim of equitable distribution was raised in an amended complaint on July 27, 2001; a counterclaim filed on August 17, 2001, raised claims for alimony, alimony pendente lite, and counsel fees and costs. The parties were married on April 26, 1986, and separated February 19, 1999. They are the natural 1 parents of one child, who resides more or less equally with each of the parents. The Master has been advised that the parties have reached an understanding with regard to the settlement of-the economic issues. Because there may be some complicated wording that needs to be included in the agreement with respect to the distribution of the assets, counsel have requested that they have the opportunity to prepare the agreement in their office for signature by the parties and review before signing. However, in order to facilitate this matter, the Master has agreed that counsel can put a general framework of the agreement on the record which will enable. us to at least state the basic format of the more comprehensive agreement which is going to be later prepared by counsel. The Master will send out the format as stated on the record to counsel and then when the attorneys. and parties have completed the agreement and provided the Master with two signed copies of the agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court. Mr. Cunningham. MR. CUNNINGHAM: I will draft for review a marital settlement agreement which in essence will provide that Mrs. Kyle will receive $20,000.00 in equitable distribution to be evidenced by a mortgage to the property _ 2 in which she is now residing and in return Mr. Kyle will receive a deed to that property. The mortgage will accrue interest at 6% (simple interest) per annum and it will be the .type of mortgage that has within its provisions an open-ended mortgage - if during the term of this understanding there are additional advances that Mrs. Kyle needs to make in order to avoid foreclosures or in the alternative if Mrs. Kyle cannot make certain payments that are to be paid under a lease agreement, there will be a reduction of principal owed on that mortgage. But the specifics of that will be outlined in the marital settlement agreement. There will also be a waiver of any alimony and an agreement today -- the parties, after we conclude, will go to the Domestic Relations Office and file a motion terminating the spousal order at the current time. There has been a representation, and it will be contained in the marital settlement agreement, that husband either has paid or has assumed all joint debt with the exception of the outstanding mortgage. Husband will be responsible to continue to not only bring the defaulting mortgage current within 60 days but he will also continue to make faithful payments to the mortgage company of both principal, interest, and escrow payments for insurance and real estate taxes.. 3 Husband will also; on an annual basis, make a good faith effort to refinance the mortgage of which he will provide notice of his efforts to make the refinance, at least his obligation to do that, known to wife in order to relieve her from further responsibility from the existing mortgage note. There is also an understanding between the parties that there is going to be a lease executed by Mrs. Kyle to Mr. Kyle leasing the property with a term ending on January 1, 2011. The mortgage and note which will be given by Mr. Kyle to Mrs. Kyle will also end on that date, January 1, 2011. Under the terms of the lease agreement, Mrs. Kyle will pay $400.00 a month. If wife remarries or cohabitates with a person of the opposite sex, the parties have agreed that the fair rental value then will be determined by a realtor that they can agree upon or if they cannot agree upon then each will choose a realtor to reach~a conclusion as to the fair rental value and if that cannot be acquired we will leave it to a motion for specific performance under the terms of the divorce code to bring it to Court. Hopefully the parties will be agreeable but rent will, in the event of remarriage, be no less than $800.00 a month. Mrs. Kyle has agreed to subordinate her -- what would be a second mortgage -- to the extent that refinancing would not exceed the total aggregate sum of 4 $115,000.00. She would have no right to demand payment on the obligation until the property was sold, upon the end of the term January 1, 2011, upon her purchase of the property because she is going to be given an option to purchase at a set value of $1-45,000.00 plus any increases from today's date as -determined by an appraiser by the name of Leon Gerlach and in the absence of his ability to do it, a certified appraiser of mutual choice, or upon 90 day default that we receive notice that he has defaulted on the mortgage. She has an option at that point either to make the payments, add them to the principal or list the property for sale. Maintenance under the terms of the lease agreement are going to be defined as the responsibility of Mrs. Kyle if the total cost to make the repairs is less than $500.00. Any repairs greater than $500.00 will be the responsibility to Mr. Kyle. If Mr. Kyle dies during the term of this agreement then we will have the right to demand the estate List the property for sale or we would have the right to invoke our option to purchase. If Mrs. Kyle were to die, her estate would have the right to continue under the terms and condition of the mortgage or note but not the lease. The understanding of the parties is that the current order for the child support aspect, the allocation 5 of the total monthly support order, will remain unchanged without prejudice to either party. They-are going to, however, remove from that order the insurance requirements for Mr. Kyle to provide insurance because Mrs.~Kyle now has the insurance for the child. In the marital settlement agreement, there will be some comment about 2004 taxes that the parties will submit their incomes to.one accountant who will, between the two of them, cooperate in preparing either a joint return or separate returns whichever mutually benefits the parties to the best accounting ability that the accountant can work out under the IRS code. All personal assets that are in the possession of the parties shall be retained by the parties. Wife specifically waives any interest in husband's franchise, any interest in husband's pension program that he had - my understanding is that was in 2000 redeemed and it was included in the tax return as income. The personalty in' wife's possession will be wife's. .Husband gets the Tahoe and wife gets the Lumina. The marital debt that existed is represented as having been paid off by Mr. Kyle. The parties each have acknowledged one to the other, while we were at the table today, they know of no other assets that they had a marital interest in that exceeded a value of $500.00 that has not 6 been disclosed. THE MASTER: Mrs. Kyle, did you hear your attorney recite the framework of an agreement that is going to be prepared? MRS. KYLE: Yes. THE MASTER: Do you have any questions about that framework? MRS. KYLE: No. THE MASTER:, Mr. Kyle, the same question to you. Have you heard the recitation of the statement of what the anticipated agreement will be? MR. KYLE: Yes, I have. THE MASTER: Do you have any questions about it? MR. KYLE: Not at this time. 7 sv -.-..! " " ~ 1 ~ ~ ,1 ' -- - C'" 3 ` ,. ~ ~; y ~~ s JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant DEC 0 7 200j ,~,/~ ~/~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL ORDER OF COURT AND NOW, this ~ day of 2007, upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A rule is issued upon the Respondent to show cause why. the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within twenty (20) days of service upon the Respondent; ~3 Tro ~-; ~; ..~.-., , ~, 206.7 ~_ mr o ~y r~..;.~~h.311: County C~~rthnLSe to determine~~t7rnr~ri atr~ nrnrc~dure for determining T dPtarmininq d1STJllted far_+-~ 5. An evidentiary hearing on disputed facts shall be held pM~«~ ?S 2008, at ~• ~d .~ in Courtroom3 Cumberland County Courthouse; • of ~s-~krt e ; -~ -., ~ , our room ounty 8. Notice of the entry of this order shall be provided to all parties by the petitioner. ohn A. Wolfe, Esquire Wolfe & Rice, LLC Attorneys for Plaintiff Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. Attorneys for Defendant r z ~ ~ ~~' ~ J -,rl "1i d n~~ i~ q 0 ~8 6-~~ ! ! ~~0 L~l J r, s i+ z~ ~ Cam,''.; ~ :_;;:~r ..,~ it ~;~ JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL CERTIFICATE OF SERVICE The undersigned, Angela J. Steinour, hereby certifies that a copy of the Plaintiff's Petition for Special Relief with Order of Court dated December 10, 2007, was served upon the Defendant, through her attorney, Jordan D. Cunningham, Esq., by depositing same in the United States Mail, first class, postage pre-paid at Gettysburg, Pennsylvania on the 13th day of December, 2007 and addressed as follows: Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Date 'x-13 -~ Q ( c,~- Angel J. einour cam, 4 -~~'. '.' ''- ~~ ~_.. ~ 1. fit:. -~ ~- ~-~:. ~ w JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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. Date : ~(~0 7 G~~ THERESE MARIA KYLE, D fendant CERTIFICATE OF SERVICE I do hereby state that on the day of December, 2007, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: John A. Wolfe, Esquire Wolfe & Rice, LLC 47 West High Street Gettysburg, PA 17325 Angela L. ewitt, Legal Assistant `~° ~.. 'L7i:i~ +-s°s ~ ~ ri~s~ r•-' ~•~, -~; = y~ ` -; : ~ +,~~ ~. ~ _ """' '~ ...~' • JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 1999. 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. 3. T consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date , a THERESE MARIA KYLE, D fendant CERTIFICATE OF SERVICE I do hereby state that on the ~ day of December, 2007, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: John A. Wolfe, Esquire Wolfe & Rice, LLC 47 West High Street Gettysburg, PA 17325 Angel e 'tt, Legal Assistant rv -~ {=~_' ~ - -7 ,. -~::~. ~,, ~r1 a 4; ~c_' °"" ~t"~ ,C- ..~.. .,~ JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 1999. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date• C`) ~ C7 ~: ~-- s~~~ ~ rr :.: ~' i"f I -~ ~~~ "- C:3 ' ; =-~ ~3 i i. ;.~ "~1't C - ~' t"s"i ~. G3 ' a .r. #^43 ; ? :S ti. ~~ ` 'F JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED . CLAIMS v. N0. 99-2241 CIVIL THERESE MARIA KYLE, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 auth, ties. Date: ~ ~ ~~ JOH L Plaintiff ~ ~ ~ r~ ~., r7 -'C~''' ' '~-~ ~ -x' r~ t f r ~-' tz : r~- ;.::: ~ `~; ~~ `°g ~-~ ~ .,. y ,' ° ~ 4 tom , .' r4- ~ { ~= ~ ~ ~ # • t ~ ~ l f ~ JOHN HENRY KYLE, . Plaintiff . v. . THERESE MARIA KYLE, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS N0. 99-2241 CIVIL PRAECIPE TO TRANSMIT RECORD T0: The Prothonotary Please transmit the record, together with the following information, to the Court for the 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: Service of the Complaint was obtained on the Defendant by certified, restricted mail on April 27, 1999, and as evidenced by the certificate of service filed on April 30, 1999. 3. Date of Execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: January 3, 2008; by Defendant: December 26, 2007. 4. Related claims pending: The parties respectfully request that the Court incorporate in the Decree but not merge the parties' Marriage Settlement and Separation Agreement dated March 12, 2007, together with the Addendum to the Marriage Settlement Agreement, both of which are attached hereto, and that said terms be incorporated but not merged in the Decree pursuant to Section XIV of the attached Agreement. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: January 10, 2008. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with Prothonotary: January 2, 2008. Respectfully submitted, WOLFS & RICE By: Jd~l~n A. Wol~; Esq. At orneys for Plaintiff 47 West High Street Gettysburg, PA 17325 (717)337-3754 z-kylepraecipetotransmit 2 _~rr ~ ~ f. } 41 '. ~:r-~i ~u ,.., ~ f • ~ 7 ~ ~. J ~ ~ ~ MARRIAGE SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this ~h day of ~~'~ 2007, by and between John Henry Kyle of 195 Konhaus Road, Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband", AND Therese Maria Kyle, of 49 Bayberry Drive, Cumberland County, Pennsylvania 17055, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 26, 1986; and WHEREAS, the parties are the natural parents of one (1) minor child: Christopher Kyle; and WHEREAS, because of disputes and unhappy differences between the parties, the parties to this Agreement separated in February, 1999; 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 by specification, the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife, the implementation of custody/visitation arrangements for the children of the parties and in general the settling of any and all claims and possible claims by one against the other or against their respective • Estates; and i ' . ~ i WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of the marital status, particularly with respect to the Divorce Code, and as amended, and being fully aware of the right to consult with or having consulted with their respective legal counsel or advisors, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Husband has filed a no-fault Complaint in Divorce; said Complaint being docketed in the Cumberland County Prothonotary's Office at No. 99-2241 CIVIL; and WHEREAS, complete information has been exchanged in regard to the income and assets of the parties; and WHEREAS, the parties have agreed to set forth their agreement in writing; and WHEREAS, both Husband and Wife fully understand all of the terms, conditions and provisions of this Agreement and believe it to be fair, just, adequate and reasonable as to each of them and consonant with their best interest and, accordingly, both Husband and Wife freely and voluntarily accept such terms, conditions and provisions. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and intending to be legally bound hereby, and for other good and valuable sufficient consideration, the receipt whereof is hereby 2 } 4 ~ + ~ ~' ~ • • ~ i ~ acknowledged, the parties mutually agree as follows: SECTION I LIVING SEPARATE It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit, each free from all dominion, restraint, and control by the other, whether direct or indirect, as fully as if unmarried. Each party may hereafter reside at such place or places as he or she may select, except as indicated otherwise herein. Neither party shall molest or interfere with the other nor compel or attempt to compel the other to cohabitate or dwell with him or her by any means whatsoever, whether by legal action or otherwise. SECTION II DIVISION OF PERSONAL PROPERTY There is hereby apportioned, set aside, transferred and confirmed to Wife, free of all claim and demand of Husband, all personal property located at her residence. There is hereby apportioned, set aside, transferred and confirmed to Husband, free of all claim and demand of Wife, all personal property located at Husband's residence. 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 3 i i ~ ~ hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an Assignment or Bill of Sale from each party tb the other for such property as may be in the individual possession of each of the parties hereto. Each party shall promptly execute and deliver to the other party, or any nominee or nominees of the other party, all instruments that may be necessary, convenient or appropriate to carry into effect, fully and fairly, all of the provisions of this Agreement for division and confirmation of personal property. The parties hereto have divided between themselves, to their mutual satisfaction, all items of personal tangible 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 are now in the possession and/or under the control of the other, except as otherwise set forth herein. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate 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. 4 4 . ~ A ! 1 A h J ~ Each party releases, quit claims, and assigns to the other party all of his or her right, title, and interest, present and prospective, in each item of property herein apportioned, set aside, transferred, and confirmed to the other party, including but not limited to, all rights of dower or curtest', Choate or inchoate, homestead, family rights upon probate and rights to equitable distribution of marital property. Henceforth, each party shall own all property hereby apportioned or confirmed to him or her, free and clear of any and all claim by the other, with power to deal with or dispose of same as fully as if he or she were unmarried. SECTION III REAL PROPERTY The parties hereto presently own real estate in Cumberland County, Pennsylvania with an address of 49 Bayberry Drive, Mechanicsburg, Pennsylvania. There is currently a mortgage owed to Washington Mutual on the marital residence with a balance at separation of $78,000.00. Wife hereby agrees to execute a deed in favor of Husband transferring to Husband all interest in said real estate to Husband. Thereafter, this real estate shall be the sole and separate property of Husband. Notwithstanding that transfer of legal and equitable title, Husband hereby agrees to pay to Wife the Sum of Twenty Thousand Dollars $20,000.00 on or before January 1, 2011, which sum shall bear interest at Six percent (60) per annum, beginning January 4, 2005. This debt is to be secured by a mortgage 5 ~ A f 4 ' ~ A ~ in favor of Wife against the 49 Bayberry property. A copy of the note and mortgage are attached hereto as Exhibits "A" and "B". Husband further covenants and agrees that he will be solely responsible for and shall indemnify Wife from the mortgage payable on the real estate as referred to above. Husband shall make a good faith effort, on an annual basis, to refinance said mortgage into his name alone, and Wife agrees to subordinate her mortgage to said refinanced mortgage, if Husband so qualifies. As additional consideration for this transfer, Husband and Wife have entered into a lease agreement as set forth on the attached Exhibit "C" to allow Wife to reside at the real estate under the terms and conditions of said lease. Said lease shall terminate, if not sooner, on January 1, 2011. Husband and Wife further agree that Wife shall have the option to purchase the real estate from Husband at a purchase price of $145,000.00. This option to purchase shall terminate on January 1,.2011. Husband shall have the option to refinance the existing mortgage for an amount up to $115,000.00 if he so elects, and Wife shall subordinate her mortgage to said financing if so requested by Husband. SECTION IV PENSION/RETIREMENT BENEFITS Husband and Wife hereby waive any rights that he or she may have to the retirement benefits of the other participant spouse under the Retirement Equity Act of 1984 or any subsequent Federal or State law. Husband and Wife, in the future, will execute any consents required by the Internal Revenue Service, the plan 6 ^ \ ti A . ~ ~ A ~ ~ A administrator or any other party to properly waive any right that he or she may have to the retirement benefits of the other participant spouse under the Retirement Equity Act of 1984 or any other Federal or State law including the provisions of the Pennsylvania Divorce Code, now or as hereafter amended. Specifically included in this waiver, Wife hereby waives and relinquishes any and all interest in Husband's SEP account with Wells Fargo, worth approximately $31,000.00 as of the date of the separation of the parties. SECTION V MOTOR VEHICLES Each party shall retain the vehicle in his or her possession and shall indemnify and hold harmless the other party from all debt and/or obligation against the vehicle which he or she retains. Each party shall sign whatever documents are necessary to transfer title to the party who retains his or her vehicle. At the time of the separation of the parties, Wife possessed a 1990 Chevrolet Lumina automobile. Husband hereby agrees to transfer any and all title to said car to Wife. At the time of the separation of the parties,' Husband possessed a 1997 Chevrolet Tahoe truck, with an encumbrance of approximately $22,000.00. Husband hereby agrees to indemnify and hold wife harmless on the principal and any payment owed for said truck. Wife hereby agrees to allow Husband exclusive use and possession of said truck and further agrees to sign all title over to said truck upon 7 ~ ~ r h ~ y demand by Husband. SECTION VI WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right in the estate of Wife and Wife relinquishes her inchoate intestate right in the estate of Husband. Each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, from any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. SECTION VII CUSTODY The parties hereto are the natural parents of one (1) minor child as recited above. The parties hereby agree that Husband and Wife shall have shared legal custody of the child. Wife shall have primary physical custody of the child subject to the following period of partial physical custody for Husband: A. Alternating weekends from Friday to Sunday, with times and 8 k a ~ ~ ~ ~ ~ i places of exchange to be mutually agreed upon by the parties. B. Every Tuesday and Thursday overnight. C. Holidays. Physical custody shall be shared between the parties with times and places of exchange of custody to be mutually agreed upon by the parties. SECTION VIII CHILD SUPPORT Child support has been resolved by virtue of an Order entered in the Domestic Relations Section of Cumberland County, Pennsylvania at case no. 00563 S 2000, PACSES no. 212102425. SECTION IX ALIMONY, SUPPORT AND MAINTENANCE Husband and Wife hereby waive and relinquish any claim either may have against the other for spousal support, alimony pendente lite, alimony, maintenance or like claim which may arise under the Pennsylvania Divorce Code, as amended. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property, alimony, spousal support and alimony pendente lite are fair, adequate and satisfactory to them and are acceptable as and in lieu of and in full and final satisfaction of any claim or demand that either may now or hereafter have against the other for support, maintenance, alimony pendente lite, alimony, attorneys fees and costs. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support, alimony, alimony pendente lite, costs, 9 ti attorneys fees, or maintenance, except as otherwise set forth herein. Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code. in Pennsylvania and any amendments thereto, wherein considerations are set forth in determining an obligation of alimony and further considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code, and any amendments thereto, both parties voluntarily and intelligently waive and relinquish any right to seek from the other payments for support, alimony, alimony pendente lite, costs, attorneys fees and maintenance, except as otherwise set forth herein. SECTION X DEBTS OF HUSBAND AND WIFE Other than the joint mortgage_on the marital residence as referred to above and the vehicle loan on the vehicle to be transferred to Husband, all other debts of the parties are hereby represented and covenanted between Husband and Wife as having been paid in full, and any debts incurred by either of the parties hereto, whether in their name or jointly with another, will be the sole responsibility of the party so incurring the debt. Nothing herein shall obligate Husband to pay on any debt which existed on the date of the separation of the parties that was discharged in a bankruptcy proceeding filed by Husband in the Middle District of 10 c Pennsylvania at case no. 1-05-01498. Any debts incurred by Husband or Wife in their name or jointly with another person after the date of the separation of the parties shall be the sole responsibility of said party and said party will indemnify the other from any claims made against the other for the payment of said debt. SECTION XI TRANSFER OF BUSINESS INTEREST Wife hereby transfers to Husband all ownership interest and claims she may have, whether legal or equitable, in Husband's Snap- On Tools Company, including any and all inventory, franchise rights, assets, accounts receivable and the like. Hereafter, said company interest shall be the sole and separate property of Husband, free of any claim or demand of Wife. SECTION XII MUTUAL RELEASE Subject to the provisions of this Agreement each party waives his or her right to any 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 in accordance with the Divorce Code of Pennsylvania. Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does by himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the 11 ~ ~ 4 t ~ parties ever had or now has against the other except any or all claims or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. SECTION XIII SUBSEQUENT DIVORCE AND ATTORNEY'S FEES A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania or any other Court of competent jurisdiction, as part of a resolution of any divorce action filed or to be filed. Furthermore, both parties .hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Pennsylvania Divorce Code. Husband and Wife agree that each will pay his or her own attorney's fees and court costs for the divorce and preparation of this Agreement. SECTION XIV ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants, understandings or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions 12 4 i • of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based upon 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 Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waives and relinquishes 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 purposes of enforcing the provisions of this Agreement. SECTION XV VOLUNTARY EXECUTION Each party has been advised of his or her right to independent legal counsel in the preparation and interpretation of this Agreement. 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 13 •. ~ ~ . ` . ` financial affairs of the other. SECTION XVI ADDITIONAL INSTRUMENTS Husband and Wife 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 conditions of this Agreement. SECTION XVII MODIFICATION AND WAIVER Any 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. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. SECTION XVIII MISCELLANEOUS If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for breach, or seek other remedies of relief as may be available to him or her. In the event that it is necessary for either of the parties hereto to retain legal counsel for representation enforcing their rights under the terms of this 14 ' , 1 S ~ ~. , Agreement, it is hereby agreed that if that party prevails, in addition to any remedies provided by law or equity, the prevailing party will be entitled to compensation for reasonable attorney fees from the other party as part of any remedy for enforcement of that separate right. The descriptive headings used herein are for convenience only. They shall not have any affect whatsoever in determining the rights or obligations of the parties. 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. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 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. SECTION XIX BINDING AGREEMENT This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. It is specifically agreed between the parties that the terms of this Agreement shall not be modifiable except by agreement of the parties, notwithstanding any 15 ., contrary provision of the Divorce Code, or as amended. This Agreement shall be incorporated into a final Divorce Decree, notwithstanding that the parties hereby covenant and agree that the terms of the Agreement shall not be modified by Order of Court. It is also specifically agreed that the terms of this Agreement, upon incorporation into the Divorce Decree, shall be enforceable as any other Order of Court entered into by a court of competent jurisdiction of this Commonwealth. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first (SEAL) G~ S EAL ) Therese Maria Kyle STATE OF PENNSYLVANIA SS. COUNTY OF ADAMS On this the ~~ day of `~~,~C,~ 2007, before me, the undersigned officer, personally appeared John H. Kyle, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. (SEAL) COMMONWEALTH OF PENNSYLVANIA Notadel seal ~~,, fU' u~, ~~ ~ ~'~"~'~~'~ Title of 0 fice Gettysburg Moro, Adams County My Commission Expires Sept. 30.2006 Memher uen~sytvania Association C?r Notaries 16 e • . • `~ STATE OF PENNSYLVANIA ' ~ SS. COUNTY OF ~ , On this the ci~(~~ day of ~,~/I'+~~-C.c, 2007, before me, the undersigned officer, personally appeared Therese M. Kyle known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. ~~c ~iL~ L~~~ ( SEAL ) tle o cer COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary PubNc City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 17 MORTGAGE NOTE KNOW ALL MEN BY THESE PRESENTS, THAT John H. Kyle, hereinafter referred to as "Obligor," of 195 Konhaus Road, Mechanicsburg, Pennsylvania is hereby held and firmly bound unto Therese M. Kyle, of 49 Bayberry Drive, Mechanicsburg, Pennsylvania, hereinafter referred to as "Obligee," in the sum of Twenty Thousand Dollars ($20,000) lawful money of the United States of America, to be paid to the said Obligee, her heirs, executors, administrators or assigns, to which payment well and truly to be made, the Obligor does bind himself, his heirs, executors and administrators, and every of them, firmly by these presents. Sealed with his seal. Dated the~?~ day of ~'~N ~ ~-R-Y , 200 ~. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Obligor, his heirs, executors or administrators, or any of them, shall and do well and truly pay, or cause to be paid unto the said Obligee, her heirs, executors, administrators or assigns the sum of Twenty Thousand Dollars ($20,000.00), payable as follows: Twenty Thousand Dollars on or before the ls` day of January, 2011, with accrued interest. Interest shall accrue from January 4, 2005 on said outstanding loan principal at an annual fixed rat of Six Percent (6%). No payments shall be due on the principal or accrued interest until January 1, 2011 at which time all accrued interest and principal shall be due and payable in full. It is hereby acknowledged that the Obligor has been making payments of Fifty Dollars ($50.00) per month since January 4, 2005 to Obligee towards this Note balance, notwithstanding that the Note post-dates these payments. Obligee acknowledges receipt of these payments as a credit against said Note obligation. These payments are an ongoing monthly credit due to Obligee making a reduced payment of $350.00 per month to Obligor under a lease agreement between Obligor as Landlord and Obligee as Tenant under a separate lease agreement which calls for monthly rent payments of $400.00 per month. Obligor shall have the right and option, at his election, to make payments prior to January 1, 2011, in whole or in part, which payments shall first be applied to interest and then principal without any fraud or further delay; and also from time to time, and at all times until payment of the said principal sum be made, as aforesaid, and Obligor further covenant and agree to pay all taxes lawfully assessed and levied by any propr tax authority against the premises described in the said Mortgage as well as all lawful municipal claims including charges, whether or not reduced to liens, for paving, sidewalks and repairs thereto, sewers, and water rents charged by any municipal or any municipal authority; and upon demand therefore Obligor shall exhibit to Obligee proper receipts for such taxes and municipal claims, and that if Obligor neglects to pay such taxes and municipal claims, Obligee may pay the same or any part thereof and add the amount or amounts so paid, or the aggregate thereof, to said principal sum and collect the same with interests thereon in the manner provided in this Note; then the above obligation is such, that if at any time default shall be made in payment of the principal aforesaid, for the space often (10) days after any payment thereof shall fall due, or if any breach of any other of the foregoing conditions be made by said Obligor, his heirs, executors, administrators or assigns, become due, and the payment of the same, with interests and costs due thereon, and additions as aforesaid, besides costs of suit, may be enforced and recovered at once, anything herein contained to the contrary thereof in anywise notwithstanding. Further, the Obligor does hereby empower any attorney of any court of record of the Commonwealth of Pennsylvania to appear for him, and with or without declaration filed in his name, to confess a judgment or judgments in favor of the above-mentioned Obligee, her executors, administrators, or assigns, and against the Obligor, for the sum of the outstanding principal due, accrued interest, and additions as aforesaid with costs of suit, and charges, as aforesaid; on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Note or said Mortgage. The undersigned hereby forever waive and release all errors is said proceedings, waive stay of execution, the right of inquisition and extension of time of payment, agree to condemnation of any property levied upon virtue of any such execution, and waives all exemptions from levy and sale of any property that is or hereafter may be exempted by law. 2 .~ SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: F: ome\AHEWITT\DOCS\J-L\KYLE\IvIORTGAGE NOTE revised (SEAL) a • ~ ~+ ~ MORTGAGE THIS MORTGAGE made this day of 2007, between John H. Kyle, of 195 Konhaus Road, Mechanicsburg, Pennsylvania, Mortgagor, and Therese M. Kyle, of 49 Bayberry Drive, Mechanicsburg, Pennsylvania, Mortgagee. WHEREAS, the Mortgagor, as the Borrower, on this date has executed and delivered to the Mortgagee, as the Lender, a fixed rate note in the sum of Twenty Thousand Dollars ($20,000.00), hereinafter referred to as the "Principal", providing for interest thereon at the fixed rate specified therein and the performance of all the terms, covenants and conditions therein contained, all of which by this reference thereto are incorporated herein and made a part hereof. NOW THIS INDENTURE WITNESSETH, that the Mortgagors, for and in consideration of the Principal and for the better securing the payment thereof unto the Mortgagee, in discharge of said fixed rate note, hereinafter referred to as the "Note", and for and in consideration of the further sum of $1.00 this date well and truly paid to the Mortgagor by the Mortgagee, the receipt whereof is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, release, convey and confirm unto the Mortgagee, ALL THAT CERTAIN piece or Spring Township, Cumberland County, Final Subdivision Plan for Mulberry Wynnewood West Development Company, Civil Engineers, Inc., and recorded of Cumberland County, Pennsylvania, more particularly described as folly parcel of land situate in Silver Pennsylvania, as set forth on a Crossing, Section Three, as prepared by Gannett Fleming in the Recorder of Deeds Office in Plan Book 49, Page 111, and ~ws: BEGINNING at a point on the right-of-way line of Bayberry Drive, at the dividing line between Lots. No. 194 and 195, as shown on the aforementioned Subdivision Plan; thence along said right-of-way line of Bayberry Drive North 30 degrees 47 minutes 49 seconds East, a distance of 68.50 feet to a point at the dividing line between Lots. No. 195 and 196; thence along same South 59 degrees 12 minutes 11 seconds East, a distance of 196.51 feet to point at the dividing line between Lots. No. 195, 196 and 190; thence along the dividing line between Lots 195, 190, 191 and 192, South 79 degrees 20 minutes 46 seconds West, a distance of 103.48 feet to a point at the dividing line between Lots. No. 195, 192 and 194; thence along the dividing line between Lots No. 195 and 194 North 59 degrees 12 minutes 11 seconds West, a distance of 118.95 feet to the point and place of BEGINNING. Ex~~s~~ ~~~,'~ ~ ~ r r ~ r BEING Lot No. 195 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company and containing 10,805 sq. ft., more or less. UNDER AND SUBJECT to set back lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynnewood West Development Company that is recorded in Cumberland County Miscellaneous Book 308, Page 260. BEING the same which Wynnewood West Development Company, a Pennsylvania partnership, by its deed dated August 8, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 33 at page 299, sold and conveyed unto John H. Kyle and Therese M. Kyle, then husband and wife, which real estate is to be titled into the name of John H. Kyle, solely, by deed to be recorded immediately prior to the recording of this mortgage. TOGETHER with all and singular the woods, waters, ways, rights, liberties, and appurtenances to the same belonging reversions and remainders, rents issues and to hold the same and the real estate the Mortgagee forever. buildings, improvements, privileges., hereditaments or appertaining, and the and profits thereof; to have hereinbefore conveyed, unto MORTGAGOR PROMISES AND AGREES THAT: 1. The Mortgagor shall be liable and obligated to pay the full amount owing under said Note in accordance with the terms thereof, and shall be liable and obligated to keep and perform all of the covenants, promises and agreements contained in this Mortgage and in said Note. 2. Mortgagor will pay, on or before the respective due dates thereof, any other taxes (including corporate taxes), assessments, charges, claims or encumbrances that may be or become a lien prior to the lien of this Mortgage, or that have priority to this Mortgage in the distribution of the proceeds of a judicial sale of the mortgage premises. 3. If the-Mortgagor fail to pay any of the aforesaid taxes, assessments, charges, claims or encumbrances on or before the respective due dates thereof, then Mortgagee shall have the option of paying the same or any thereof, and upon any such payment by the Mortgagee, the amount thereof shall automatically be added to and become a part of the Principal and shall bear interest from the time the same is so added to the Principal at the rate then in effect under the terms of said Note. 4. If the Mortgagor fails to pay any installment of Principal 2 . y ~ ~ and/or interest required by said Note when the same shall fall due thereunder, or within the period of ten days thereafter, or fail to pay any of the aforesaid taxes, assessments, charges, claims or encumbrances on or before the respective due dates thereof, then and in any of said events, the Principal and all sums added thereto, together with interest to date at the rate then in effect under the terms of said Note, and together also with 5°s attorneys' commissions on said Principal and interest shall become due and payable at the option of the Mortgagee, and such remedy or remedies as the law may now or hereafter provide may forthwith be invoked and prosecuted by the Mortgagee against the Mortgagor, including, but not limited to, an action of mortgage foreclosure. 5. Mortgagor hereby waive all errors in any proceedings, together with all stay of or exemption from execution, or extension of time of payment which may be given by any law now in force, or which may be enacted hereafter, and together also with the right of appraisement, the right of inquisition and the right of appeal. 6. If, without the prior or any part of the mortgaged p transferred or conveyed to any (herein called the "New Owner" the Mortgagee may, at her sole unpaid, including interest due due and payable. written consent of the Mortgagee, all remises securing said Note is sold, person, corporation or legal entity ), other than the Mortgagor herein, option, declare all sums remaining or accrued thereon, to be immediately 7. The Mortgagor's covenants, promises and agreements contained in this Mortgage shall be legally binding upon the Mortgagor, and his respective personal representatives, heirs, successors and assigns. The Mortgagee's rights and privileges contained in this Mortgage shall inure to the benefit of the Mortgagee and her heirs, successors and assigns. This Mortgage shall be governed by the law of the state in which said mortgaged premises are located. If less than two Mortgagors shall sign this Mortgage, all covenants, promises and agreements, which are drawn in the plural, shall be deemed to be in the singular. PROVIDED ALWAYS, NEVERTHELESS, that if the Mortgagor shall pay unto the Mortgagee the Principal and interest thereon in the manner and at the times specified in said Note, and shall in all respects comply with all of the covenants, promises and agreements herein- before contained, then this Mortgage shall become null and void to all intents and purposes. IN WITNESS WHEREOF, the Mortgagor has hereunto subscribed his names and affixed his seal the day and year first above written. Witness: (SEAL ) John H. Kyle 3 • . i f COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ADAMS ~ ~ • ~ On this, the day of 2007, before me, the undersigned officer, personally appeared John H. Kyle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: I HEREBY CERTIFY that the precise residence address of the within named Mortgagee is: Attorney for Mortgagee 4 e w J ~ • ~ STANDARD PENNSYLVANIA RESIDENTIAL LEASE AGREEMENT This Residential Lease Agreement dated this?~ day of D ~~~$ S12 , 2007, between John H. Kyle, Landlord and Therese Maria Kyle, as Tenant. 1. LEASED PREMISES. Landlord leases to Tenant upon the terms and conditions contained in this Residential Lease Agreement, 49 Bayberry Drive, Mechanicsburg, Pennsylvania. 2. TERM OF LEASE. The term of this Residential Lease Agreement commences on the 4th day of January, 2005 and terminates on the 1St day of January, 2011. 3. RENTAL PAYMENT. Tenant shall pay to Landlord the sum of Four Hundred Dollars per month ($400.00) as basic rental for the lease term. The rental shall be payable monthly in advance on or before the fifth day of each month during the lease term in the amount of $400.00 without prior demand by Landlord. Payment of rental shall be to the address of Landlord or upon written notice to Tenant, at another location. If the term of this lease shall commence on a date other than the first of the month, Tenant shall pay the monthly rental upon the commencement date. The rental paid shall be applied upon the first partial month and the last partial month. The second monthly payment shall be paid on the first day of the month following commencement of the lease term and shall be applied upon that month's rental. Landlord and tenant agree that timely payment of the rental and performance of all terms and conditions of this lease agreement are of the essence of this lease agreement. If the monthly rental shall not have been paid after the 5th of the month when the rental shall have been due, then Tenant agrees to pay the late charge of $1.00 per day retroactive to the day when the payment was due to compensate Landlord for additional administrative costs, expenses and liquidated damages caused by the late payment. If payment is made to Landlord at the proper address by first class mail, postage prepaid, then the date of the postmark shall be deemed to be the date of payment. The time and manner of payment of the rental is subject to the right of Landlord to accelerate the rent and enforce collection of the entire unpaid balance of the rental for the remaining term of the lease if Tenant shall breach the terms or conditions of this Lease Agreement. 4. ADDITIONAL RENT. The rent payable by Tenant to Landlord shall increase to $800.00 per month if Tenant has another adult residing in the residence with her for an overnight period or if Tenant marries and continues in possession of the rental property. r / ~ ~ i ,~ .~ 5. INABILITY OF LANDLORD TO GIVE POSSESSION. If Landlord is unable to transfer possession to Tenant upon the commencement of this Residential Lease Agreement, then the lease term shall begin, but Tenant's duty to pay rent shall be suspended until Landlord is able to transfer possession to Tenant. 6. DESTRUCTION OF LEASED PREMISES. Tenant shall notify Landlord as soon as possible of any casualty loss in or about the Leased Premises and Tenant shall notify Landlord immediately of any circumstance or condition in or about the Leased Premises which threatens the Leased Premises, or the property or safety of Tenant., Landlord or others. If the leased Premises is partially destroyed by fire or other casualty, Tenant shall have the right and option 1~ to continue to occupy the habitable portion of the premises, or 2) to terminate this Residential Lease Agreement absolutely and receive all sums prepaid on account of rent through the date of transfer of possession to Landlord. 7. INSURANCE. Landlord shall insure the structure within which the Leased Premises is located for fire and extended coverage. Tenant shall insure Tenant's personal property in or about the Leased Premises. 8. SUBLETTING AND ASSIGNMENTS. Tenant shall not assign this Residential Lease Agreement or enter into any sublease agreement without the prior written consent of Landlord. Any attempted assignment or sublease by Tenant without the prior written consent of Landlord is null and void and is a breach of the conditions of this Residential Lease Agreement. 9. RELIEF OF LANDLORD FROM LIABILITY. Tenant releases Landlord from liability for any personal injury or damage to property of Tenant, Tenant's family, guests, or invitees not arising from the negligence or intentional acts of Landlord or Landlord's agents or employees. Landlord shall not be liable for any injury or damage caused by water, rain, snow or ice that may leak or flow from whatever source into or about the Leased Premises or the building within which the Leased Premises is located. 10. USE AND OCCUPANCY OF LEASED PREMISES. The Leased Premises may be used for residential purposes only without the prior written consent of Landlord. Tenant shall occupy and use the premises in conformance with all Federal, State and Local laws, Regulations and Ordinances now in force. or that-may be enacted in the future. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any activity in or about the Leased Premises which substances or activities expose Tenant, Landlord, or others to a risk of injury, loss or damage. 2 t • .~ .~ 11. RULES AND REGULATIONS. In addition to the terms and conditions of this Residential Lease Agreement, Tenant shall be bound by the Rules and Regulations applicable to all tenants which Rules and Regulations are attached to this Residential Lease Agreement. Landlord shall have the right during the term of this lease to alter, amend or modify these Rules and Regulations, provided that any alteration, amendment or modification shall serve the purpose of preserving the Leased Premises and the quiet enjoyment of all the tenants. No alteration, amendment, or modification shall become effective as to Tenant until Tenant shall have been provided with a written copy of the altered, amended or modified Rules and Regulations by mail, posting or delivery to the Leased Premises. Tenant agrees that a violation of the Rules and Regulations shall be a breach of the terms and conditions of this Residential Lease Agreement and that upon any violation, Landlord shall be permitted to exercise any and all remedies provided for in this Residential Lease Agreement. 12. SUBORDINATION. The parties acknowledge and agree that this Residential Lease Agreement is under, subject, and subordinate to any and all mortgages and security interests that presently encumber the property or that in the future may encumber the property of which the Leased Premises is a part. 13. CARE AND MAINTENANCE OF LEASED PREMISES. Tenant shall use due care in the use and occupancy of the Leased Premises and all appliances, furniture (if applicable), fixtures, and all heating and ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise due care when using any part of the building within which the Leased Premises is located. Tenant shall pay for all repairs to the Leased Premises, its contents, or any property of Landlord caused by the lack of due care by Tenant, Tenant's family members, Tenant's guests and invitees. Upon termination of this Residential Lease Agreement for any cause, Tenant shall peaceably surrender possession of the Leased Premises and its contents to Landlord in as good order and repair as upon the commencement of the lease term, excepting only reasonable wear and tear. Tenant shall notify Landlord of any repairs or the need for repairs within the Leased Premises. Tenant shall be responsible for all repair and maintenance costs of $500.00 or less for each such repair or maintenance item. 14. RIGHT OF ENTRY. Landlord, Landlord's agent and persons authorized by Landlord shall have the right to enter the Leased Premises at all reasonable times to inspect, perform maintenance, do repairs and show the premises to prospective tenants and purchasers. The Landlord shall have the right to display the usual "TO LET" or "TO RENT" signs on the exterior of the Leased Premises during the last sixty (60) days of the Lease term described herein. 3 ~ ~ ~ R 15. IJTIIaITIE3. Charges for utilities and services supplied to the Leased Premises shall be paid as follows: Charge or Service: Paid By: Television Cable Tenant Electric to Premises Tenant Water Service Tenant Refuse Collection Tenant Lawn Maintenance Tenant Snow and Leaf Removal Tenant Sewer Charges Tenant Pest Control Charges Tenant Phone Tenant Landlord shall have the right temporarily to suspend any utility or other services to the Leased Premises in order to do maintenance and repair or protect the property of Landlord or Tenant from risk of harm or loss. In the event that Tenant should fail or refuse to provide the services listed above as Tenant's responsibility, including keeping the lawn and snow removal conditions in compliance with local or state ordinances, the Landlord may perform said services, at the expense of the Tenant, and such expense may be added to the rent for the month in which it is incurred and collected as a part of the rent for such month. 16. TERMINATION OF TENANCY. The following shall be grounds for the termination of the tenancy by the landlord: a) Serious or repeated violation of the terms and conditions of the lease; or b)Violation of applicable Federal, State or local law which imposes obligations on the tenant in connection with the occupancy of use of the dwelling unit and surrounding premises; or c) Other good cause- -the following are some examples of "other good cause" for termination of tenancy by the Landlord: i) A Tenant family history of disturbance of neighbors or destruction of property or of living or housekeeping habits resulting in damage to the unit or property; ii) Criminal activity by Tenant family members including especially, but not limited to, crimes or acts of physical violence to persons or property, and also including violations of the laws relating to the manufacture and sale of intoxicating liquors, or the laws relating to the manufacture, sale or possession of controlled substances. 17. REMEDIES. The parties acknowledge and agree. that time is of the essence and if Tenant shall fail to pay the rental reserved or any other charges when due, or if Tenant shall breach any other term or condition of this Residential Lease Agreement, then Landlord C i I Y ~~ •, shall have the right and option to .pursue any or all of the following remedies: a) Termination of lease, upon thirty (30) days written notice, to be served by posting on the premises or handing to an adult resident of the premises. b) Bring an action in court to recover possession of the Leased Premises. c) Bring an action to recover the whole balance of the rent and charges due for the unexpired lease term. d) Bring an action for damages caused by Tenant's breach which damages include reasonable attorney's fees and costs. e) Bring an action for an injunction to enforce the Landlord's rights under this Lease. All remedies contained in this Residential Lease Agreement shall be cumulative and concurrent. If Landlord shall pursue any remedy it shall not be deemed to be a waiver of the right to seek any other remedy that may exist. Either party shall have the right to require strict compliance with the terms and conditions of this Lease Agreement without having insisted upon strict compliance at any time during the term of this Lease Agreement. Any conduct which is inconsistent with the right to insist upon strict compliance shall not be a waiver of the right to insist upon strict compliance in the future, shall not create a custom, and shall not modify the terms and conditions of the Lease Agreement. 18. ATTORNEY'S FEES AND COSTS. If Landlord shall enforce the provisions of the Residential Lease Agreement in any court against the Tenant, Landlord shall be entitled as part of any court judgment to be reimbursed for all costs and expenses of enforcement including reasonable attorney's fees. 19. CONDEMNATION OF LEASL PREMISES. If all or any part of the Leased Premises (or the building within which the Leased Premises is located) shall be condemned under the government's power of eminent domain, the lease shall terminate as to the portion taken. Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all or any portion of the Leased premises (or the building within which the Leased Premises is located) or because this Residential Lease Agreement has been terminated. 20. BINDING EFFECT. This Residential Lease Agreement shall be binding upon the heirs, executors, personal representatives, 5 ~ ~~ / M successors and assigns of the parties hereto. Tenant shall not have the right to assign this lease or sublet the Leased Premises without the prior written consent of Landlord. 21. HOLDING OVER. Should Tenant remain in possession of the Leased Premises after the expiration of this Lease, a new month-to- month tenancy shall be created between Landlord and Tenant which shall be subject to all the terms and conditions hereof but shall be terminated upon thirty (30) days written notice served by either Landlord or Tenant on the other party. 22. 1®ODIFICATION OF AGREE~TT. It is agreed that neither Landlord or Tenant shall undertake to establish any additional understandings of the parties with respect to the subject matter of this Lease, unless the same be in writing, and duly signed by the party to be charged thereby. Th's Residential Lease Agreement dated this ~ day of 2007. 6 1Q~. ' W r RULES AND REGULATIONS The Rules and Regulations indicated (X) below are part of the lease agreement between Landlord and Tenant. [~ ] No alternate heating sources such as kerosene heaters and space heaters shall be permitted to be operated within the Leased Premises without the prior consent in writing of Landlord. [ X ] Tenant shall be responsible for testing all fire warning devises such as smoke detectors and fire alarms within the Leased Premises and shall notify Landlord if any fire warning or fire abatement devise is not functional. Tenant shall-not disable, or permit to be disabled, any fire warning device or discharge any fire extinguisher. [ ~] Tenant shall not permit the premises to be unoccupied for longer than five (5) consecutive days without notifying the Landlord (or Landlord's designated agent). [ x] Tenant shall maintain the heat within the Leased Premises at a temperature no less than 50 degrees during the winter period from November through April. [x ] Tenant shall provide appropriate nonflammable container for trash and rubbish, shall keep the Leased Premises and the common areas free from litter and rubbish and shall deposit all trash and rubbish from the Leased Premises into the designated common waste disposal containers. 7 leABAL: 7 +7 233 4809 Cunningham and Chemi 03:05:09 p.rn. 01-? 5-2004 • c JOHN HENRY KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION--DIVORCE AND RELATED CLAIMS v. N0. 99-2241 CIVIL THERESE MARIA KYLE, Defendant ADDENDUM TO THE MARRIAGE AND SEPARATION AGREEMENT DATED MARCH 12, 2007 WHEREAS, the parties had executed a Marital Settlement and Separation Agreement dated March 12, 2007; WHEREAS, since the drafting of the documents .and the separation of the parties, the parties executed a joint 2405 federal tax return from 1040A; WHEREAS, there were unpaid taxes due and owing to the Treasury Department, which taxes remain unpaid; WHEREAS, an a monthly basis, the parties are receiving notice of unpaid taxes due and owing for the tax period ending December 31, 2005 which were owed pursuant to the 2005 federal tax return form 1040A, executed by the parties subsequent to their separation; WHEREAS, Theresa Kyle (hereinafter referred to as "Wife") has received Notices from the IRS applying overpaid tax to the balance remaining due and owing for the tax period ending December 31, 2005; 3 ,Q 717 238 4$09 Cunningham and Cherni 03:05:26 p m. 01-' 5-2004 4 !9 ~ . ~ ~ • WHEREAS, John Kyle (hereinafter referred to as "Husband") has reimbursed Wife for any application of tax refunds owed to Wife and applied overpaid taxes owed to the United States Treasury; WHEREAS, the parties still owe a mortgage to Washington Mutual, which, pursuant to Section X of the Marital Settlement and Separation Agreement, Husband had agreed to remain responsible for the obligation; NOW, THEREFORE, in consideration, an essential part hereof, and intending to be legally bound hereby, and for other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties hereby agree to the following Addendum of the Marital Settlement and Separation Agreement as follows: 1. Payasat of P~d~zal Taz~s O~rwd R~lst~d to the T~ P~r~ 1lashiaQtoa 1[~tnal. O~nd to Husband shall be solely responsible for the payment to the Department of Treasury, Internal Revenue Service, any and all amounts and all principal balances together with interest and penalties due for the tax period ending December 31, 2005 and for any amounts owed to Washington Mutual pursuant to the mortgage set forth in Section X of the Marital Settlement and Separation Agreement and any other expenses related to the real 2 7b7 234 4!`09 Cunningham and Chemi 03:05:49 p.m. 01-15-2003 5 /9 z .. ~ l estate known and numbered as 49 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, including, but not limited to, real estate taxes. 2. asa,mborssssat of 8'~d~rsl Tazos sad Dtortgsgs A~lstsd Esp~asas. In the event Wife pays to the IRS any of the obligations owed due including principal, interest and/or penalties for the aforesaid tax period ending December 31, 2005, whether by refund interception or direct payment, or pays any mortgage payments owed to Washington Mutual or any of the other real estate related expenses, such real estate taxes, as set forth above, then, Wife shall give Husband written notice of her payment of the same and Husband shall reimburse Wife within ten (10) days of the date of the Notice the full amount she was required to pay or, in the alternative, if Husband is financially unable to reimburse the amount paid by Wife for the aforesaid obligations, the amount owed Wife shall be added to the principal of the Note referred to in Section III of the Marital Settlement and Separation Agreement to accrue interest as set forth in the Note from the date of Wife's payment of said obligation. 3 7'Ld 238 4~t09 Cunningham and Cherni 03:06:06 p. m. 01-15-?OOR 6/9 ~ ~ r_ •, ~ 3. Asosiaing '1'~sss of the Dtarital ~ttlre~sat All other terms and conditions of the Marital Settlement and Separation Agreement shall remain in full force and effect and shall not be affected by this Addendum. IN WITNESS WHEREOF, the parties have placed their hands and seals the day and year first above set forth. WITNESS: 4 F s -,. ,~ , d~ ~~~ ~ :~.~~~_~ ~~ ~m~~rr~~oz JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED . CLAIMS N0. 99-2241 CIVIL MOTION FOR ENTRY OF ORDER BASED UPON THE STIPULATION OF THE PARTIES AND NOW, comes the Plaintiff, by and through his Attorneys, Wolfe & Rice, LLC, and files the following Motion and in support thereof avers as follows: 1. Plaintiff, through counsel, filed a Petition for Special Relief in the above-captioned action. 2. Hearing on said Petition is to be held on January 18, 2008 at 1:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse. 3. The parties have been able to resolve the final outstanding issues as set forth in the referred to Petition for Special Relief and have finalized the terms of the parties' Marriage Settlement Agreement. 4. Attorney for Defendant, Jordan D. Cunningham, Esq. concurs with this request for canceling the hearing on January 18, 2008. WHEREFORE, the Plaintiff, through counsel, respectfully requests that the attached Order be entered, canceling the hearing for January 18, 2008. Respectfully submitted, WOLFE & RICE, LLC By: J~ A. Wolfe Esq. At rney for laintiff 47 West High Street Gettysburg, PA 17325 (717)337-3754 2 z-kylemotion.doc r? ;yry a ~, ~ ~ ~ _ ~~ j ti. - _~ ~_ ^. ~r ` ` ~ .,~=_ ~_~ ~? _.17~' ,. ~~ JOHN HENRY KYLE, Plaintiff v. THERESE MARIA KYLE, Defendant ~3 ~ ~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE AND RELATED CLAIMS NO. 99-2241 CIVIL ORDER OF COURT AND NOW, this ~ day of January, 2008, upon consideration of the attached Motion it is ORDERED that the hearing scheduled for January 18, 2008 is hereby cancelled based upon stipulation of the parties. ~~t _' l _ ~~N~ . ~~~ x r~, ,~ ~ 1_1 r6, ~ r.~ ~ ~ ~ ~~ ~rr;~,, ~ , ;; f ~1tIF'~ _ r ~}+~ r~ .~ ~~~ ~~~~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. IC I ~ ,~ Ohn n~r~i v No. ~~ - as y I VERSUS 1 lX'~ ,S~ 1 ~ KA'n ~ ~y~ QQ~n~Gn-~ DECREE IN DIVORCE ~-~~.•ovA-mot . AND NOW, ~ ~~ ,~~, IT IS ORDERED AND DECREED THAT c X )1' 1'~l l~'Q 11'~I l~~ PLAINTIFF, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; ~~~ ~a ATTEST: ~ .1 /~ ~ 1 PROTHONOTARY ~G~" .. ~ ,