HomeMy WebLinkAbout03-3235REBECCA MYERS, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY,
· PENNSYLVANIA
TRACY MYERS, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment may
be entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of
the marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Court House, 1 Court
House Square, Carlisle, Pennsylvania, 170 t 3-3387.
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.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
REBECCA MYERS,
Plaintiff
* CUMBERLAND COUNTY,
* PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
TRACY MYERS, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
COMPLAINT UNDER §3301
OF THE DIVORCE CODE
1. Plaintiff is Rebecca Myers who currently resides at 1720 Douglas Drive, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant is Tracy Myers who currently resides at 33 Bayberry Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a
period of more than six (6) months immediately preceding the filing of this Complaint.
4. The Parties were married on May 14, 1994 in Boiling Springs, PA.
5. Neither Plaintiffnor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
6. There has been no prior action for divorce or annulment instituted by either of the
parties in this or any other jurisdiction.
7. The Plaintiffhas been advised that counseling is available and that Plaintiffmay
have the fight to request that the Court require the parties to participate in counseling.
8. Plaintiff avers that there are two (2) children of the parties under the age of
eighteen: Ryon Myers (11/30/95) and Kolton Myers (5/30/97).
thereto.
10.
11.
COUNT I.
REQUEST FOR A NO-FAULT DIVORCE
UNDER §3301(c) OF THE DIVORCE CODE
The prior paragraphs of this Complaint are incorporated herein by reference
The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file
such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have
elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a
Decree of Divorce pursuant to Section 3301(c) of the Divorce Code.
12.
thereto.
13.
14.
COUNT II.
REQUEST FOR A NO-FAULT DIVORCE
UNDER §330'1(d) OF THE DIVORCE CODE
The prior paragraphs of this Complaint are incorporated herein by reference
The marriage of the parties is irretrievably broken.
The parties are living separate and apart and at the appropriate time, Plaintiffwill
submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years
as specified in Section 3301 (d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce
pursuant to Section 3301 (d) of the Divorce Code.
COUNT III.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER §3323, §3501, §3502 and §3503
OF THE DIVORCE CODE
15.
thereto.
16.
The prior paragraphs of this Complaint are incorporated herein by reference
Plaintiff requests the Court to equitably divide, distribute or assign the martial
property between the parties without regard to marital misconduct in such proportion as the
Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable
distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce
Code.
COUNT IV.
REQUEST FOR CONFIRMATION OF CUSTODY
UNDER §3104(A)(2) AND 3323(B)
OF THE D1VORCE CODE
17.
thereto.
18.
with Plaintiff and Defendant:
NAME
Ryon Myers
Kolton Myers 6
The prior paragraphs of this Complaint are incorporated herein by reference
The parties are the parents of the following unemancipated children who reside
AQE SEX DATE OF BIRTH
7 male 11/30/95
male 5/30/97
19.
During the past five years, the children have resided with the parties and at the
addresses herein indicated.
FROM T_Q_O WITH WHOM
6/2003 present Mother
4/2003 6/2003 Mother & Father
birth 4/2003 Mother & Father
ADDRESSES
1720 Douglas Drive, Carlisle, PA
33 Bayberry Dr., Mechanicsburg, PA
522 N. Pitt Street, Carlisle, PA
20. Plaintiff has not participated in any other litigation concerning the children in this
or any other state.
21. There are no other proceedings pending involving custody of the children in this
or any other state.
22. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the children or who claims to have custody, partial custody or visitation rights with
respect to the children.
23. The best interests of the children will be served if sole legal and primary physical
custody of them is confirmed in Plaintiff.
WHEREFORE, Plaintiffrespectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b)
of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff.
24.
thereto.
25.
COUNT V.
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3 ! 04
OF THE DIVORCE CODE
The prior paragraphs of this Complaint are incorporated herein by reference
The public policy of the Commonwealth of Pennsylvania encourages parties to a
marital dispute to negotiate a settlement of their differences.
26. While no settlement has been reached as of the date of the filing of this
Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement
of all matters with Defendant.
27. To the extent that a written settlement agreement might be entered into between
the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written
agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving the marriage between the parties.
WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time
of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce
code, the Court approve and incorporate such agreement in the final divorce decree.
Respectfully submitted:
BY: ~~~r~ihmeottre~sE~rqe;itre
Dillsburg, PA 17019
(717) 432-9666
ID #87445
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Rebecca Myers, hereby swear and affim~ that the facts contained in the
foregoing Complaint for Divorce are tree and correct and are made subject to the penalties of 18
Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
Date:
REBECCA MYERS :
PLAINTIFF :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-3235 CIVIL ACTION LAW
TRACY MYERS
: IN CUSTODY
DEFENDANT
ORDER OFCOURT
AND NOW, Thursday, July 10, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 08, 2003 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~.
FOR TIlE COURT,
By: /s/ Hubert X. Gilroy, Esq. r,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 171) 13
Telephone (717) 249-3166
REBECCA MYERS,
VS.
TRACY MYERS,
Plaintiff
* IN THE COURT OFCOMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
* NO. 03-3235
* CIVIL ACTION - LAW
Defendant * IN DIVORCE
NOTICE OF ELECTION TO RESUME PRIOR NAME
Notice is hereby given that a Complaint in Divorce has been filed in this matter
on July 9, 2003 and is pending a Decree in Divorce. Defendant hereby elects to
resume her prior name of Rebecca Eckrich, and gives this written notice of her intention
in accordance with the provisions of 54 Pa. C.S.§704.
Rebecca Myers
Rebecca EckriC~h
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~
SS:
NOTARIAL SEAL
COMMISSION ~PIRES ~C. ~, 200~ ~
On the day of "~- ~/-0.~ , before me, a Notary Public, personally appeared
Rebecca Myers known to me to be the person whose name is subscribed to the within
document and acknowledged that she executed the foregoing for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
N0tary/'Public G
0
REBECCA MYERS, *
Plaintiff, *
vs. * NO. 03-3235
· CIVIL ACTION - LAW
Defendant. * CUSTODY
TRACY MYERS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as
follows:
I, LEGAL CUSTODY
1. The parties hereby agree to share legal custody of the minor children, Ryon,
born November 30, 1995, and Kolton, born May 30, 1997. All decisions affecting the
children's growth and development including, but not limited to: choice of camp, if any;
choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis,
or like treatment; decisions relating to actual or potential litigation involving the children,
directly or as beneficiary, other than custody litigation; education, both secular and
religious; scholastic athletic pursuits and other extracurricular activities; shall be considered
major decisions and shall be made by the parents jointly, after discussion and consultation
with each other and with a view towards obtaining and following a harmonious policy in the
children's best interest.
2. Each party agrees to keep the other informed of the progress of the children's
education and social adjustments. Each party agrees not to impair the other party's right
to shared legal or physical custody of the children. Each party agrees to give support to the
other in the role as parent and to take into account the consensus of the other for the
physical and emotional well-being of the children.
3. While in the presence of the children, neither parent shall make or permit any
other person to make, any remarks or do anything which could in any way be construed
as derogatory or uncomplimentary to the other parent. It shall be the express duty of each
parent to uphold the other parent as one whom the children should respect and love.
4. It shall be the obligation of each parent to make the children available to the
other in accordance with the physical custody schedule and to encourage them to
participate in the plan hereby agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity that
could reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any
parenting issue requiring consultation and agreement and regarding any proposed
modifications to the physical custody schedule, which may from time to time become
necessary, and shall specifically not use the children as a messenger. Furthermore,
neither parent shall discuss with the children any proposed changes to the physical
custody schedule, or any other issue requiring consultation and agreement, prior to
discussing the matter and reaching an agreement with the other parent.
7. With regard to any emergency decisions which must be made, the parent
with whom the children are physically residing at the time shall be permitted to make the
decision necessitated by the emergency without consulting the other parent in advance.
However, that parent shall inform the other of the emergency and consult with him/her as
soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the
parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent.
Such documents include, but are not limited to, medical reports, academic and school
report cards, birth certificates, etc. Both parents may and are encouraged to attend school
conferences and activities. The Father's name shall be listed with the school as the
alternative parent to be contacted in the event of an emergency and to be notified
regarding school events.
9. Neither parent shall schedule activities or appointments for the children which
would require their attendance or participation at said activity or appointment during a time
when they are scheduled to be in the physical custody of the other parent without that
parent's express prior approval.
10. The parties hereby acknowledge that they have discussed and jointly made
the following decisions:
a. The parties acknowledge that the children's legal names are Ryon
and Kolton Myers and that they shall be known by these names for all
purposes. The parties agree that they will instruct their respective
families and friends that the children should not be referred to by any
other name.
b. The parties acknowledge that they each expect the children to attend
college and post-high school training if they are good students with a
high probability of gaining entrance and succeeding in college. The
parties agree that they shall each be actively involved in the selection
of an appropriate post-high school education for the children and that
the choice of any college or institution shall be mutually agreed upon
by Father, Mother and the children, taking into consideration the
parents' then financial ability and economic circumstances, and the
children's needs, desires, talents and aptitudes for post-high school
education.
II PHYSICAL CUSTODY
Father shall have partial custody as periodically determined by mutual agreement.
Failing mutual agreement to the contrary, the following schedule shall apply:
a. Father shall have periods of custody based upon his work schedule. His
periods of custody shall be guaranteed at a minimum of 2 weekends per
month and one overnight per week. Mother agrees to coordinate such visits
as much as possible with the children's ~ brother's visits with the Father.
b. For the purposes of this agreement, there are 6 holidays per year not
including Christmas. Those holidays are New Years Day, Easter Day,
Memorial Day, 4th of July, Labor Day, and Thanksgiving day. Father and
Mother agree to split these holidays with each parent having 3 holidays per
year based on mutual agreement and Father's work schedule. Christmas
day shall be shared by both parties with the time of exchange being 3:00
p.m. on Christmas day or as mutually agreed.
As Father's work schedule allows, he will be entitled to three (7) day
week-long visits with the children to be scheduled at least one month
in advance. Consideration to school schedules and events shall be
given. Mother shall also be entitled to three (7) day week-long
custody periods without the one overnight/week visit with the Father.
Father shall be entitled to additional custody periods with the children
as mutually agreed.
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone access between the
children and both parents. The parents are encouraged to place telephone calls to the
children between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner or bedtime.
The children shall be permitted free access to place calls to their parents at any time they
desire.
IV. RELOCATION
The parties have negotiated the custody and partial custody portions of this
Agreement based upon existing circumstances, and in particular, based upon Wife's and
Husband's current residences in Cumberland County, Pennsylvania. If either parent
desires to establish a residence more than fifty (50) miles from his or her present
residence, he or she shall give the other parent at least ninety (90) days' written notice in
advance of the proposed move, in order to give the parties the opportunity to confer, prior
to the relocation, and to establish a mutually satisfactory arrangement as to custody and
partial custody in light of the changed circumstances. In the event that the parties are
unable to reach an agreement, then the Court of Common Pleas of Cumberland County
shall have jurisdiction over them to fashion an appropriate custody/partial custody order.
REBECCA MYERS, .
Plaintiff, * CUMBERLAND COUNTY, i
· PENNSYLVANIA
VS.
TRACY MYERS,
Defendant.
IN THE COURT OF COMMON PLEAS
* NO. 03-3235
* CIVIL ACTION - LAW
* CUSTODY
physical and emotional well-being of the children.
3. While in the presence of the children, neither parent shall make or I
other person to make, any remarks or do anything which could in any way be
as derogatory or uncomplimentary to the other parent. It shall be the express du
parent to uphold the other parent as one whom the children should respect
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate a!d
follows:
1. The parties hereby agree to share legal custody of the minor children, Ryon,
born November 30, 1995, and Kolton, born May 30, 1997. All decisions a~fecting the
children's growth and development including, but not limited to: choice of c~mp, if any;
choice of day care provider; medical and dental treatment; psychotherapy, psyc~hoanalysis,
or like treatment; decisions relating to actual or potential litigation involving t~e children,
directly or as beneficiary, other than custody litigation; education, both s~cular and
religious; scholastic athletic pursuits and other extracurricu, lar activities; shall be bonsidered
major decisions and shall be made by the parents jointly, after d scussion and c~nsultation
with each other and with a view towards obtaining and following a harmonious olic i
children's best interest. ~c y n the
·
2. Each party agrees to keep the other informed of the progress of th~ children's
education and social adjustments. Each party agrees not to impair the other P~rty's right
to shared legal or physical custody of the children. Each party agrees to give support to the
other in the role as parent and to take into account the consensus of the otl~er for the
agree as
)ermit any
:onstrued
y of each
I love.
4. It shall be the obligation of each parent to make the children available to the
other in accordance with the physical custody schedule and to encourage them to
participate in the plan hereby agreed and ordered.
5. Each parent shall have the duty to notify the other of any event ot activity that
could reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another con~:erning any
parenting issue requiring consultation and agreement and regarding an~/ proposed
modifications to the physical custody schedule, which may from time to ti~e become
necessary, and shall specifically not use the children as a messenger. Firthermore,
neither parent shall discuss with the children any proposed changes to tl~e physical
custody schedule, or any other issue requiring consultation and agreemett' prior to
discussing the matter and reaching an agreement with the other parent. ,
7. With regard to any emergency decisions which must be made the parent
with whom the children are physically residing at the time shall be permitted ~ make the
decision necessitated by the emergency without consulting the other parent advance.
However, that parent shall inform the other of the emergency and consult with tim/her as
soon as possible. Day-to-day decisions of a routine nature shall be the respons~ bility of the
parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from ~lny doctor,
dentist, teacher or authority and have copies of any reports given to them a,, a parent.
Such documents include, but are not limited to, medical reports, academic alnd school
report cards, birth certificates, etc. Both parents may and are encouraged to attend school
conferences and activities. The Father's name shall be listed with the school as the
alternative parent to be contacted in the event of an emergency and to notified
regarding school events, bI
9. Neither parent shall schedule activities or appointments for the chil ren which
would require their attendance or participation at said activity or appointment dL nga time
when they are scheduled to be in the physical custody of the other parent wi hout that
parent's express prior approval.
10. The parties hereby acknowledge that they have discussed and jointly made
the following decisions:
The parties acknowledge that the children's legal names are Ryon
and Kolton Myers and that they shall be known by these names for all
purposes. The parties agree that they will instruct their respective
families and friends that the children should not be referred to by any
other name.
The parties acknowledge that they each expect the children to attend
college and post-high school training if they are good stu~lents with a
high probability of gaining entrance and succeeding in dollege. The
parties agree that they shall each be actively involved in the se ection
of an appropriate post-high school education for the children and that
the choice of any college or institution shall be mutually agreed upon
by Father, Mother and the children, taking into consid~eration the
parents' then financial ability and economic circumstances, and the
children's needs, desires, talents and aptitudes for post-~igh school
education.
Il PHYSICAL CUSTODY
Father shall have partial custody as periodically determined by mutual a~greement.
Failing mutual agreement to the contrary, the following schedule shall apply:
a. Father shall have periods of custody based upon his work schedule. His
periods of custody shall be guaranteed at a minimum of 2 weekends per
month and one overnight per week. Mother agrees to coordinate ~uch visits
as much as possible with the children's ~ brother's visits with th~ Father.
b. For the purposes of this agreement, there are 6 holidays pei year not
including Christmas. Those holidays are New Years Day, Ea~Ster Day,
MMemorial Day, 4th of July, Labor Day, and Thanksgiving day. F~ther and
other agree to split these holidays with each parent having 3 holidays per
year based on mutual agreement and Father's work schedule. ~hristmas
day shall be shared by both parties with the time of exchange being 3:00
p.m. on Christmas day or as mutually agreed.
As Father's work schedule allows, he will be entitled to three (7') day
week-long visits with the children to be scheduled at least one month
in advance. Consideration to school schedules and events shall be
given. Mother shall also be entitled to three (7) day weel~-Iong
custody periods without the one overnight/week visit with the F~ther
Father shall be entitled to additional custody periods with the children
as mutually agreed.
I1_ II. TELEPHONE PRIVILEGE~
The parties agree that there shall be reasonab e telephone access b~tween the
children and both parents. The parents are encouraged to place telephone ails to the
children between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner r bedtime.
dTeh~rCeh, ildren shall be permitted free access to place calls to their parents at ant time they
The parties have negotiated the custody and partial custody portiols of this
Agreement based upon existing circumstances, and in Particular, based upon Wife's and
Husband's current residences in Cumberland County, Pennsylvania. If eith~er parent
desires to establish a residence more than fifty (50) miles from his or he~ present
residence, he or she shall give the other parent at least ninety (90) days' writtenl notice in
advance of the proposed move, in order to give the parties the opportunity to co far prior
to the relocation, and to establish a mutua y satisfactory arrangement as to cuI
partial ody and
custody in light of the changed circumstances. In the event that the P~rties are
unable to reach an agreement, then the Court of Common Pleas of Cumb, County
shall have jurisdiction over them to fashion an appropriate custody/partial c y order.
This Stipulation shall be entered as an Order of the Court.
J~quire
Atto[ney for Plaintiff
TRACY ,~'R~.,,/ -
Attorney for Defendant
Date:
BY THE COURT:
5
REBECCA MYERS, :
Plaintiff :
TRACY MYERS, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION .- LAW
NO. 2003 - ~ CIVIL
1N CUSTODY
COURT ORDER
AND NOW, this ~4 day of August, 2003, having appeared for a custody
conciliation conference with the parties not appearing and the conciliator then being advised
that the parties have reached an agreement, the conciliator relinquishes jurisdiction.
BY THE COURT,
Custody Conciliator:
Draft #2
September 8, 2003
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~:~)_ ~ day' of~'~lh~03, by and
between, Tracy Myers, hereinafter referred to as "Husband", and Rebecca Eckrich,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 14, 1994; and
WHEREAS, certain differences arose between the parties as a result of
which they separated on May 15, 2003, and now live separate and apart from one another,
and are desirous of settling fully and finally their respective financial and property rights
and obligations as between each other, including, without limitation by specification: the
settling of all matters between them relating to the past, present and future support and/or
maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any
and all claims and possible claims by one against the other or against their respective
estates for equitable distribution of all marital property; and a resolution of all mutual
responsibilities and rights growing out of the marriage relationship any provisions of prior
agreement between them to the contrary notwithstanding; and
WHEREAS, this agreement has been prepared by Jennifer L. Frechette,
Esquire, counsel for Wife. At the commencement o~f and at all stages during the
negotiation of this Agreement, Husband has been informed that Jennifer L. Frechette,
Esquire has acted solely as counsel for Wife and has not advised nor represented
Husband in any manner whatsoever. Husband, at the commencement of and at all stages
during the negotiation of this Agreement, has been advised that he could be represented
by counsel but at all times has elected not to be so represented. Husband has read this
Agreement carefully and thoroughly, fully understanding each of its provisions, and
therefore signs it clearly and voluntarily. Wife has been counseled by her attorney, and the
parties together have come up with the following agreement.
NOW THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to 1~3e kept, the parties heretofore,
(Initials) ~,~. (Initials)
Draft #2
September 8, 2003
intending to be legally bound and to legally bind their heirs, successors and assigns
thereby, covenant, promise and agree as follows:
1, SEPARATION:
It shall be lawful for each party at all times hereafter to live separate
and apart from the other at such place or places as he or she may from time to time
choose or deem fit.
2. INTERFERENCE:
Each party shall be free from interference, authority and contact by the
other, as fully as if he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall harass the other nor
endeavor to molest the other, nor compel the other to cohabit with the other nor in any way
malign the other, nor in any way interfere with the peaceful existence, separate and apart
from the other in all respects as if he or she were single and unmarried.
3. WIFE'S DEBTS:
Other than the debts indicated in Paragraph 5 below Wife represents
and warrants to Husband that since May 15, 2003, she has not, and in the future, she will
not, contract or incur any debt or liability for which H,usband or his estate might be
responsible and shall indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Other than the debts indicated in Paragraph 5 below, Husband
represents and warrants to Wife that since May 15, 2003, he has not, and in the future he
will not, contract or incur any debt or liability for which Wife or her estate might be
responsible and shall indemnify and save Wife harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
5. OUTSTANDING MARITAL DEBTS:
Husband and Wife acknowledge and agree that they have no
outstanding marital debts and obligations of the Husband and Wife incurred prior to the
signing of this agreement, except as follows:
(Initials) ~ (Initials)
2
Draft #2
September 8, 2003
Description Amount
First Horizon mortgage $121,000
on 33 Baybem/Ddve
Chase Manhattan mortgage $52,000
Person(s) Now
Responsible
H&W
on 522 North Pitt Street
C. Citibank visa $9,409 H&W
D. Citibank Master card $4,992 H&W
E. Capital One visa $6,448 H&W
F. Capital One Mastercard $6,471 H&W
H&W
The parties agree that Husband shall hereafter be responsible for paying debt A
and shall refinance debt A within one year of this Agreement, incorporating debts C
through F into the refinanced loan. Wife make payments on debts C through F until
such time as Husband has refinanced them into a new mortgage on the marital
residence at 33 Bayberry Drive. If Husband is unable to include debts C through F in the
refinance of the mortgage (debt A), then Wife shall remair~ responsible for said debts (C
through F) until debts C through F are satisfied. Additionally, if Husband is unable to
include debts C through F in the refinance of the mortgage (debt A), then Wife shall
retain 100% of the proceeds of the sale of 555 North Pitt Street, Carlisle, PA. Wife shall
continue to collect the rental payments from the tenants at 522 North Pitt Street,
Carlisle, PA and make the monthly mortgage payments to Chase Manhattan (debt B)
until such time as the lease is expired. Wife shall be respo~nsible for debt B until the
house is sold.
Each party agrees to pay the outstanding joint debts as allocated and further
agrees to indemnify and save harmless the other from any liability for such debts or
obligations.
(Initials)
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In the event that either party contracted or incurred any debts, other than
those specifically identified herein since May 15, 2003, the party who incurred the debt
shall be responsible for its payment regardless of the narne in which the account may have
been charged and agrees to indemnify and hold harmless the other for any liability for such
debts.
6. MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her
right to alimony and any further distribution of property because both agree that this
Agreement provides for an equitable distribution of their marital property in accordance with
the Divorce Code of 1980. Subject to the provisions of this agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her
heirs, legal representatives, executors, administrators and assigns, release and discharge
the other of and from all causes of action, claims, rights or demands whatsoever in law or
equity, which either of the parties ever had or now has against the other, except any or all
cause or causes of action for divorce and except in any or all causes of action for breach
of any provisions of this Agreement. Each party also waives his or her right to request
marital counseling pursuant to 23 Pa.C.S.A. Section 3302.
7. EQUITABLE DISTRIBUTION:
A, Real Estate:
1. 33 Bayberry Drive, Mechanicsburg, PA: W~e agrees to
transfer to Husband immediately upon signing of this Agreement, all of her interest in and
title to their jointly owned real estate at 33 Bayberry Drive, Mechanicsburg, Cumberland
County, Pennsylvania, subject to the mortgage of approximately One Hundred Twenty-One
Thousand Dollars ($121,000) given to First Horizon, in exchange for which Husband
agrees to be solely responsible for the payment of all future mortgage payments, taxes,
insurances and utility bills relative to said real estate. Husband covenants and agrees to
pay and discharge the existing mortgage obligations on said premises and agrees to
indemnify Wife from any loss by reason of any default in payment and agrees to save Wife
harmless from any future liability with regard thereto.
(Initials) r~ ,
~,-~£ (Initials)
4
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(a) On the date of the execution of this Agreement, Wife
shall execute a deed transferring and conveying to Husband all of their right, title, claim
and interest in and to the real estate located at 33 Bayberry Drive, Mechanicsburg,
Cumberland County, Pennsylvania, a copy of which will be given to Husband, however, the
original deed will be held in escrow by Wife's counsel until Husband has refinanced the
mortgage and obtained Wife's release from the mortgage. Thereafter, Husband shall be
the sole owner of the real estate and shall be permitted to record the deed and take any
other action with respect thereto that he deems appropriate.
(b) Wife agrees that upon the delivery to Husband of the
new deed, Husband shall become the sole owner of any and all homeowner's policies, title
policies and any other policy of insurance with respect to the real estate and shall be
entitled to receive any payments now or hereafter due under such insurance policies.
(c) Husband shall refinance the mortgage within one year
of this Agreement, incorporating the parties' credit card debts as listed in Paragraph 5
herein, and obtaining Wife's release from liability on the mortgage and credit cards.
Pending settlement on Husband's new financing, he shall continue to be solely responsible
for the existing mortgages, insurance, taxes and other charges associated with the
property. If Husband is unable to include the parties' credit card debts into the refinance,
Paragragh 5 herein explains the consences in which the parties intend to bind themselves.
2. 522 North Pitt Street, Carlisle, PA: Upon the
expiration of the lease with their current tenants, the parties will immediately list for sale the
property theyown Iocated at522 North Pitt Street, Carlisle, Cumberland County,
Pennsylvania. Wife will collect all rents due until the lease is expired, and she will be
responsible for all mortgage payments until the house is sold. Husband agrees to
cooperate with the sale of the house and sign any and all documents necessary to
effectuate said sale. The net proceeds from the sale of the property at 522 North Pitt
Street, Carlisle, Cumberland County, Pennsylvania will be split equally by the parties,
unless Husband has failed to refinance the mortgage on 33 Bayberry Drive within one year
(Initials) ¢~h~i (Initials)
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September 8, 2003
and incorporate the parties' credit card debts as described above, in which case Wife shall
receive 100% of the proceeds,
B. Contents of 33 Bayberry Drive, Mechanicsburg, PA:
As of the date of the execution of this Agreement, the parties
have equitably divided their personal property, except that Wife shall retain the following
items from 33 Bayberry Drive:
Blue couch and love seat
Sauder entertainment center
19" TV, DVD player, VCR
Kids' TV stand
Kids' TV
PlayStation; Nintendo 64
Kids' bunk beds
Kids' dressers (2)
All Longaberger Baskets
All Snow Babies
50% of Christmas Decorations
Dell Computer, monitor, keyboard, HP Printer
3 dish sets - blue china, Pfaltzgraf Christmas, Winnie the Pooh
"wendy's" table and 4 chairs
computer chair
papisan chair and footstool
hope chest (small and large)
kids' desk
rocker and glider
Kids' DVD's and videos
black floor light
3 small bookshelves
quilts made by Wife's grandmother
50% of family photos/snapshots
Wife's books
Wife's CD's
crock pot
deep fryer
(Initials) q¢~' (Initials)
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breadmaker
Wife's clothes
jewelry - wedding band and engagement ring, diamond bracelet,Wife's mother's engagement ring
Motor Vehicles:
With respect to the motor vehiicles owned by one or both of the
parties, they agree as follows:
(1)
(2)
(3)
Husband shall retain the 2000 Hyundai Elantra.
Wife shall retain the 2002 Hyundai Santa Fa.
All automobile titles and insurance policies will be
corrected to reflect the ownership of each vehicle.
Individual Retirement Accounts, Pensions And
Employment Benefits:
Each party shall retain sole ownership and control of their own
IRAs, Pensions and Employment benefits.
E. Joint Bank and Charge Accounts:
All joint bank and charge accounts, credit card accounts and
any other joint accounts shall be terminated and eaclh party shall take those steps
necessary to have the other removed as a responsible pa~ from any such account. Wife
shall retain all of the current balances in her current savings and checking accounts.
Husband shall retain all of the current balances in his current savings and checking
accounts.
F. Property to Wife:
The parties agree that Wife shall own, possess, and enjoy free
from any claims of Husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all such property together with
any insurance policies covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Husband to Wife.
(Initials) ~ (Initials)
7
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September 8, 2003
G. Property to Husband:
The parties agree that Husband shall own, possess, and enjoy
free from any claims of Wife, the property awarded to him by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such property together with
any insurance policies covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Wife to Husband
H. Miscellaneous Property:
All property not specifically addressed herein shall hereafter be
owned by the party to whom the property is titled, and if untitled, the party in possession.
This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and
all rights in such property from each to the other.
I. Tax Liability:
The parties believe and agree that the division of property
heretofore made by this Agreement is a non-taxable division of property between co-
owners rather than a taxable sale or exchange of such property. Each party promises not
to take any position with respect to the adjusted basis of the property assigned to him or
her with respect to any other issue which is inconsistent with the position set forth in the
~receding sentence on his or her Federal or State income tax returns.
8. LIFE INSURANCE:
Each party shall continue to own any life insurance policies currently
in effect, without restriction as to the designation of beneficiaries.
9. ALIMONY:
Both parties mutually waive all support, alimony and maintenance of
any kind from the other party.
Wife acknowledges and agrees that the provisions of this Agreement
providing for the waiver of alimony to her by her Husband are fair, adequate, and
satisfactory to her and are based upon her actual need, her Husband's ability to pay, the
duration of the parties' marriage and other relevant factors which have been taken into
(Initials) ~ ~E (Initials)
8
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September 8, 2003
consideration by the parties. Although the approval of this Agreement by a court of
competent jurisdiction in connection with this action in divorce or annulment filed by
Husband or Wife shall be deemed an order of the court and may be enforced as provided
in 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to
support for Wife and the payment of alimony following the entry of a final Decree in Divorce
between the parties, may not be modified, suspended, terminated, or reinstated at the
instance of request of the Wife or Husband, or subject to further order of any court upon
changed circumstances of the Wife or Husband of a substantial or continuing nature, or
for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the
provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all
claims and demands that she may now or hereafter have against Husband or her support
and maintenance of herself and for alimony, and Husband and Wife further voluntarily and
intelligently waives and relinquishes any right to seek a modification, suspension,
termination, reinstitution, or other court order with respecl to the terms of this Agreement
pertaining to the payment of support to Wife or the payment of alimony by Husband.
Husband acknowledges and agrees that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate and
satisfactory to him and are accepted by him in lieu of and in full and final settlement and
satisfaction of any claims or demands that he may now have or hereafter have against the
Wife for support, maintenance or alimony. Husband further voluntarily and intelligently
waives and relinquishes any right to seek from the Wife any payment for support or
alimony.
10. HEALTH INSURANCE:
Husband agrees to continue to provide and pay for Wife's medical and
hospitalization coverage until entry of a final decree in divorce. Thereafter via COBRA,
following the entry of a final Decree in Divorce, additional health care coverage including
dental may be obtained at the sole cost of Wife. Any payments for health insurance will
not be considered alimony and are not included with thE; income of the Wife within the
meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and
(Initials) ~ ,
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not deductible from Husband's gross income pursuant to the provisions of Section 215 of
the United States Internal Revenue Code of 1954.
Husband agrees to cover the children under his health insurance plan
through work. If said coverage becomes unavailable, or if it is determined by mutual
agreement of Husband and Wife that Husband's coverage is no longer cost effective, or
if ordered by the Court, then Wife will provide health insurance coverage for the children.
11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this
Agreement providing for the equitable distribution of marital property of the parties are fair,
adequate and satisfactory to them. Both parties agree to accept the provisions set forth
in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for alimony pendente lite,
counsel fees or expenses or any other provision for their support and maintenance before,
during and after the commencement of the proceedings for divorce or annulment between
the parties.
12. INCOME TAX RETURNS:
The parties have heretofore filed joint federal and state tax returns.
Both parties agree that in the event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such
tax deficiency or assessment and any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such
tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
finally determined to be responsible for the actions, misrepresentations or failures to
disclose separate income resulting in tax liability. The parties shall file separately for the
2003 tax year and thereafter.
13. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided each party may dispose of his or
her property in any way, and each party hereby waives and relinquishes any and all rights
(Initials) ~ ~ ¢', (Initials)
10
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September 8, 2003
he or she may now have or hereafter acquire, under the present or future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtsey, statutory allowance, widow's
allowance, right to take intestacy, right to take against thE: will of the other, and right to act
as administrator or executor of the other's estate. Each will, at the request of the other,
execute, acknowledge and deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interests,
rights and claims and both parties will revoke prior wills or testamentary documents.
14. AGREEMENT NOT PREDICA TED ON DIVORCE:
It is specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and represent to the other, that
the execution and delivery of this Agreement is not predicated upon nor made subject to
any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this
Agreement shall prevent or preclude either of the parties hereto from commencing,
instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon
just, legal and proper grounds; nor to prevent either party from defending any such action
which has been, may or shall be instituted by the other party, or from making any just or
proper defense thereto. It is warranted, covenanted and represented by Husband and
Wife, each to the other, that this Agreement is lawful and enforceable and this warranty,
covenant and representation is made for the specific purpose of inducing Husband and
Wife to execute this Agreement. Husband and Wife each knowingly and understandingly
hereby waives any and all possible claims that this agreement is, for any reason illegal or
for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do
hereby warrant, covenant and agree that, in any possible event, he and she are and shall
forever be estopped from asserting any illegality or unenforceability as to all or any part of
this Agreement.
(Initials) ~ C (Initials)
11
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September 8, 2003
15. SUBSEQUENT DIVORCE:
Wife at her cost by her counsel has filed an action for divorce under
Section 3301(c) of the Divorce Code.
Upon the expiration of ninety (90) days after the Divorce Complaint
was served, both parties will execute Affidavits of Consem and Waivers of Notice to enable
counsel for Wife to proceed with a no-fault divorce as soon as possible, providing counsel
for Husband with a duplicate decree.
The parties further agree that each of them shall be responsible for
their own attorney's fees.
The parties shall be bound by the terms of this agreement, which shall
be incorporated by reference into the Divome Decree, shall not be merged in such Decree,
but shall in all respects survive the same and be further binding as an enforceable contract,
conclusive upon the parties.
16. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other
party shall have the right at his or her election, to sue for damages for such breach, or seek
such other remedies or relief as may be responsible for payment of legal fees and costs
incurred by the other in enfoming his or her rights under this Agreement. Reasonable
interest shall be assessed from the date of breach.
A. This Agreement may be specifically enforced by either Husband
or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement
is brought in Equity by either party, the other party will make no objection on the alleged
ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy
at law. The parties do not intend or purport hereby to impreperly confer jurisdiction on a
Court in Equity by this Agreement, but they agree as provided herein for the forum of equity
in mutual recognition of the present state of the law, and in recognition of the general
jurisdiction of Courts in Equity over agreement such as this one.
B. Notwithstanding anything to the contrary herein, Husband and
Wife may also proceed with an action at law for redress of his or her rights under the terms
(Initials) ~,,,~ [: (Initials)
12
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September 8, 2003
of this Agreement, and in such event it is specifically understood and agreed that for and
in specific consideration of the other provisions and covenants of this Agreement, each
shall waive any right to a jury trial so as to expedite the hearing and disposition of such
case and so as to avoid undue delay.
C. Each party further hereby agrees to pay and to save and hold
harmless the other party from any and all attorney's fees and costs of litigation that either
may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in
terms or previsions of this Agreement by reason of any of the terms or provisions of this
Agreement by reason of which either party shall be obliged to retain or engage counsel
to initiate or maintain or defend proceedings against the other at law or equity or both in
any way whatsoever, provided that the party who seeks to recover such attorney's fees,
and costs of litigation must first be successful in whole or in part, before there would be any
liability for attorney's fees and costs of litigation. It is the specific agreement and intent or
the parties that a breaching or wrongdoing party shall bear the burden and obligation of
any and all costs and expenses and counsel fees incurred by himself or herself as well as
the other party in endeavoring to protect and enforce his or her rights under this
Agreement.
17. ADDITIONAL INSTRUMENT:
Each of the parties shall from time to time, at the request of the other,
execute, acknowledge and deliver to the other party any and all further instruments that
may be reasonably required to give full force and effect to the provisions of this Agreement.
18. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel, and each party acknowledges that the
Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge
of the assets of both parties, and that it is not the result of ;any duress or undue influence.
The parties acknowledge that they have been furnished with all information relating to the
financial affairs of the other which has been requestecl by each of them or by their
respective counsel.
(Initials) ~h~i (Initials
13
Draft #2
September 8, 2003
19. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and
there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the provisions
of this Agreement with respect to the distribution and divisions of marital and separate
property are fair, equitable and satisfactory to them based on the length of their marriage
and other relevant factors which have been taken into consideration by the parties. Both
parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and demands
that they may now have or hereafter have against the other for equitable distribution of
their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section
3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive
and relinquish any right to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver by either party of any rights
to seek the relief of any court for the purpose of enforcing l~.he provisions of this Agreement.
20. DISCLOSURE:
Husband and Wife represent and warrant to the other that he or she
has made a full and complete disclosure to the other of all assets of any nature whatsoever
in which either party has an interest, the sources and amount of the income of such party
of every type whatsoever and of all other relevant and material facts relating to the subject
matter of this Agreement.
21. MODIFICATION AND WAIVER:
A modification or waiver of any of the previsions 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 on any of the
previsions of this Agreement shall not be construed as a waiver of any subsequent default
of the same or similar nature.
(Initials) .~ ~[~ (Initials)
14
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September 8, 2003
22. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which may or have been executed prior to the date and time of this Agreement
are null and void and have no effect.
23. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only. They
have no effect whatsoever in determining the rights or obligations of the parties.
24. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties
hereto that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
25. APPLICABLE LAW:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
26. VOID CLAUSES:
If any term, condition, clause or proviision 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 fulll force, effect and operation.
27. AGREEMENT BINDING ON HEIRS:'
This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
15
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September 8, 2003
IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals
the day and year first above written.
~------~eA~_C'..,,~z~.~ (SEAL) t'~¢_)O~¢c,-, ~. C(-JO-,L/~_' k. (SEAL)
Tracy Myers ¢¢/ ~' Rebecca Eckrlch
Witness
COMMONWEALTH OF PENNSYLVANIA
COUN OF
Witness
I NOTARIAL SEAL
I CRYSTAL FREY-SC HADE, NOTARy PUBLIC
I MECRANICSBURG BORO, CUMBERLAND
SS. L MY COMM SSION EXPIRES DEC. 5, 2005
BEFORE ME, the undersigned authority, on this <;,D,~¢'z) day of
~:)c"~(~ ,2003, personally appeared Rebecca Eckrich, known to me to be the
person who executed the foregoing instrument, and who acknowledged to me that she
executed same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~O-t'49 day of
('~--_~e ( ,2003.
Nota{ry Public in Sd for the- --
Commonwealth of Pennsylvania
COMMONWEALTH OF PENNSYLVANIA
SS.
(/~/r.)t BEFORE ME, the undersigned authority, on this ~Th day of
~)~r' ,2003, personally appeared Tracy Myers, known to me to be the
person who executed the foregoing instrument, and who acknowledged to me that he
executed same for the purposes and considerations therein expressed. /)~)-~
t~/~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of
~ r ,2003.
I Lo.<. ~,,y rw[,. Dauphin Coun~ I /J~/~' ~ L. ~' t/,.'c¢t2c.~
J My Cc, ,:, ,n r%:~*i~S Sept. 25, 2C-'~! ~...~.r~-~ ·
Uem~e~T~&;i~;;;::,, ;<~.mat.~otNotar[~tary J?'ublic in and for the
Comn~Snwealth of Pennsylvania
REBECCA ECKRICH, *
Formerly REBECCA MYERS, *
Plaintiff, *
vs. * NO. 03-3235
TRACY MYERS, * CIVIL ACTION - LAW
Defendant. * IN DIVORCE & CUSTODY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on July 9, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce after service of notice
of intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: /~,~ oq, ~,~c5
Tracy Myers ,
REBECCA ECKRICH, *
Formerly REBECCA MYERS, *
Plaintiff, *
vs. * NO. 03-3235
Defendant. *
TRACY MYERS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE & CUSTODY
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 divome 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: ~)ov 0~, ~eob
Tracy M~e~s J
REBECCA ECKRICH, *
Formerly REBECCA MYERS, *
Plaintiff, *
vs. * NO. 03-3235
Defendant. *
TRACY MYERS,
IN THECOURTOFCOMMON PLEAS
CUMBERLANDCOUNTY,
PENNSYLVANIA
ClVlLACTION-LAW
IN DIVORCE & CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on July 9, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce after service of notice
of intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
Rebecca Eckrich
REBECCA ECKRICH,
Formerly REBECCA MYERS,
Plaintiff,
va.
TRACY MYERS,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-3235
CIVIL ACTION - LAW
IN DIVORCE & CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 330t(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.
Rebecca Eckrich
REBECCA ECKRICH,
Formerly REBECCA MYERS,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
vs. * NO. 03-3235
TRACY MYERS, * CIVIL ACTION - LAW
Defendant. * IN DIVORCE & CUSTODY
AFFIDAVIT OF SERVICE
I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she
served the Complaint in Divorce with regard t the above-captioned matter on the Defendant, at the
Defendant's last known address as follows: Tracy Myers, 33 Bayberry Drive, Mechanicsburg,
Pennsylvania 17055 by certified mail, restricted delivery, return receipt requested on the 23rd of
July, 2003. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit
"A" and made a part hereof by reference thereto.
Date: December 16, 2003
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF YORK :
WILEY, LENOX, COLGAN
8, MARZZAC~, P.C.
Sherle A. Minich ('
On this, the 16th day of December, 2003, before me, a notary public, personally appeared
Sherle A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the
within Affidavit and acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
I~RY PUBLIC/'~ '~ ~"~ / / "~
My Commission Expires: ~
Nob~dal Seal
S, Dawn Glacifelter, Notary Public
Dill~bur~g Boro, York Couaty
My Cofflmlsslon Expires May 17, 2005
Member, Pennsylvania, Association ~ NO~
· Complete items 1, 2, and 3. Also COmplete
item 4 if Restricted Deliven/is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
/rr v
2. ,~rtJole Number
A. Signature
C. Date of Detivery
3. Serv' Type
[] Registered eturn Receipt for Merchand~e
4. Restricted Delivery? (Extra Fse) ~
EXHIBIT "A"
REBECCA ECKRICH, .
Formerly REBECCA MYERS, .
Plaintiff, .
VS.
TRACY MYERS,
Defendant. *
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-3235
CIVIL ACTION - LAW
IN DIVORCE & CUSTODY
PRAECIPE T TRANSM T RE ORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c).
2. Date and manner of service of the Complaint: Certified Mail, Return Receipt
Requested, Restricted Delivery, on July 23, 2003. An Affidavit of Service was filed with the
Court on December 17, 2003.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of
th__e D_ivorce Code: By Plaintiff: N v._~o~..e_m_l~ ~ By Defendant: N v_N_o~_~ber 9.
2003. ·_
(b) (1) Date of execution of the Affidavit required by Section 3301(d) of the
Divorce Code:
Affidavit upon the Respondent: _(2) Date of filing and service of the Plaintiff's
4. Related claims pending:
All re ed I i s ere r solv d a M it Iett m a r e eat ted O tober 28
2 03. ai M rital et leto nreeis in fil sim It ne si with the ouLt
alo-~0.~with~this Pr i e o Transm't
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice oflnte ' · .
Record, a copy of which is attached: . at, on to F~le Praec~pe to Transmit
Date:~
(b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: ~~_2_0_0_~ Date Defendant's Waiver of Notice in Section
3301(c) Divorce was fi/ed with the Prothonotary: ' v~eJl~[~dll$~ ?003~
By: ' ·
Je
AttoYney for Plaintifl/~ -~ ....
INTHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~_~~. ~ PENNA.
REBECCA ECKRICH,
Formerly Rebecca Myers,
VERSUS
TRACY MYERS,
NO. 03-3235
DECREE IN
DIVORCE
AND NOW,_
DECREED THAT
AND
REBECCA ECKRICH
TRAQy M¥~S
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, 2-~d_?_, iT IS ORDERED AND
-, PLAINTIff,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE fOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORd lN THIS ACTION for WHICH A FINAL OrDEr HAS NOT
YET BEEN ENTERED; The terms and provisions of the Marital
Settlement Agreement signed by both parties on October 28,
2003 and filed with the Court are hereby incorporated, but not
merge e
parties.
BY THE COURT: , /
PROTHONOTARy