Loading...
HomeMy WebLinkAbout07-2877PHYLLIS M. NYE, Plaintiff V. FRANK C. NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. A#' -2M CIVIL TERM CIVIL ACTION - LAW 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 20M OM & &U TAB Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 PHYLLIS M. NYE, Plaintiff V. FRANK C. NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 007_V77 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Phyllis M. Nye, who currently resides at 210 Timothy Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Frank C. Nye, who currently resides at 210 Timothy Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 24, 1986, in Shippensburg Township, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, 5 3301(a)(2), 3301(c) and 3301(d), in that: a. Plaintiff is the innocent and injured spouse as the Defendant has committed adultery. b. The marriage is irretrievably broken. C. Plaintiff and Defendant have lived separate and apart since February 2007, and continue to do so. 8. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from May 24, 1986, until February 2007, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & KUTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, ABom & Ku=A"s, L.L.P. DATE Kara W. Haggerty, s e 36 South Hanover Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 86914 VERIFICATION I, Phyllis M. Nye, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date G ? Phyllis Nye ? - esq. V 1 :J n ? 4 ? 1 PHYLLIS M. NYE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO.0) oZ? CIVIL TERM FRANK C. NYE, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE tt? AND NOW, this 11 day of May, 2007, I, Thomas J. Williams, Esquire, hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Frank C. Nye, and I further certify that I am authorized to do so. Respectfully submitted, ABOM& KUTULA"S, L.L.P DATE 111 1-7 2 o-n 7 1 L:2 &X? - Thomas J. Williams, Esquire Martson Law Offices 10 East High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant rn co PHYLLIS M. NYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2877 CIVIL ACTION - LAW FRANK C. NYE, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER PHYLLIS M. NYE, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ ] Alimony Pendent Lite [ x ] Costs and Expenses and in support of the Motion the Plaintiff states: Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Thomas J. Williams, Esquire. 3. The statutory ground(s) for the divorce are: 3301 (a), (c) and (d) 4. The actions is contested with respect to the following claims: a. Equitable Distribution b. Alimony The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day 7. Additional information, if any, relevant to the motions: N/A r} lb ` DATE 011211 D i4a, Kara W. Haggerty Attorney for Plaintiff ji d AND MW, 2008, with respect to the following claims: _ Esquire, is appointed Master BY THE COURT, CZ -, Fz? -?, f -,,tom Ti ` c-n f? JUL 3 0 2008 Uj PHYLLIS M. NYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2877 CIVIL ACTION - LAW FRANK C. NYE, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER PHYLLIS M. NYE, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ ] Alimony Pendent Lite [ x ] Costs and Expenses and in support of the Motion the Plaintiff states: I . Discovery is complete as to the claim(s) for which the appointment of a M?ster is requested. 2. The Defendant has appeared in the action by his attorney, Thomas J. Williams, Esquire. 3. The statutory ground(s) for the divorce are: 3301 (a), (c) and (d) 4. The actions is contested with respect to the following claims: a. Equitable Distribution b. Alimony 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: N/A DATE 01 121 Db 71 Kara W. Haggerty Attorney for Plaintiff AADNOW, 31 2008, 0 77-Esquire, is appointed Master -" e '-;? ?? with recnent t he fa Vowing claims: /t.OJ ztZnnLe, 1 C1 Ddb Al C7 ta.: ?.?'? C rJ i t k t { N r _ ``-tai F.\F1LES\Chents\9931 Nye\9931.2\9931.2.aocwon Revised: 12/5/08 9:17AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PHYLLIS M. NYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2877 CIVIL ACTION - LAW FRANK C. NYE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 14, 2007. 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. § 4904 relating to unsworn falsification to authorities. Date: I O C ' Frank C. Nye, Defendant ?i %? ?.3 ?-t ?°? e°% w O ...3 / y;r_ +. ?;! ,t, ?;S C.+? f'? ?? Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PHYLLIS M. NYE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2877 CIVIL ACTION - LAW FRANK C. NYE, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND§ 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: (?'15I?,OO 8 C Frank C. Nye, Defendant `?', r- ? ? r ? ?? . ,.;, }?,'. s>? :? ?,?? ?. PHYLLIS M. NYE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. 07-2877 CIVIL TERM FRANK C. NYE, CIVIL ACTION - LAW Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this jo?-- day of llbl? 2008, between PHYLLIS M. NYE, of 120 Milky Way, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and FRANK C. NYE, of 2681 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on May 24, 1986, in Shippensburg Township, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-2877 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. RA: The parties also desire to settle their issues of custody of their children, Lauren Christy Nye, born May 2, 1988, now emancipated, and Justin Craig Nye, born July 10, 1991, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as may be necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. When 90 days have passed from the date of service of the Complaint in Divorce, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize the divorce, and Wife will promptly transmit the record. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 210 Timothy Lane, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as the marital home. The parties do hereby acknowledge that the marital home has been sold and the proceeds divided. (4) DEBT: A. Marital Debt: The parties acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on February 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall assume ft l responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. It is specifically acknowledged that Husband owns a vehicle that is used solely by the parties' son. Husband agrees to provide a vehicle for son for one (1) year following son's graduation from high school or so long as son is a full-time student and to provide insurance on such vehicle and pay the insurance premium up to $1,000 per year. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Wife shall retain any and all bank accounts held in her name solely, including but not limited to, her Thrift Savings Plan (TSP) and her Federal Civil Service Retirement System Benefits (CSRS). Husband shall retain any and all bank accounts held in his name solely, including but not limited to, his funds received from his inheritance, his Thrift Savings Plan (TSP) and his Federal Civil Service Retirement System Benefits (CSRS). (S) CASH SETTLEMENT: Husband hereby agrees to pay to wife a cash settlement in the amount of Two Hundred Twenty-Five Thousand ($225,000.00) Dollars. Husband shall make this cash settlement payment to Wife within thirty (30) days of the signing of this Agreement. (9) CUSTODY OF CHILDREN: The parties agree that legal and physical custody of their minor child shall continue as outlined in the Order of Court filed pursuant to Docket No. 2007-4906 in the Court of Common Pleas of Cumberland County. Any modification to the custody of the parties minor child shall be conducted in a separate proceeding and shall not be deemed part of the divorce or the within Agreement. (10) CHILD SUPPORT: Husband shall continue to pay to Wife child support as set forth at Docket No. 00355 S 2007 in the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Any modification to support shall be conducted in a separate proceeding and shall not be deemed part of the divorce or the within Agreement. (11) COLLEGE EXPENSES: Husband hereby agrees to be financially responsible for the expenses associated with the college or other post-high school education for their children. For purposes of this paragraph, "college" is defined as a four-year undergraduate school, leading to a Bachelor's Degree or the equivalent. Husband also agrees to be responsible pursuant to this paragraph should either child choose to attend a trade school or a technical school and not pursue a Bachelor's Degree. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies. It is agreed upon by the parties that Husband shall be responsible for up to $60,000.00 toward tuition, room and board, lab fees, miscellaneous student fees, books and student supplies for each child. If applicable, both parents shall be involved in and have input into the choice of academic institutions selected by the children. The parties agree that Husband shall be obligated to fulfill his responsibilities pursuant to this paragraph so long as the respective child's college or post-high school education is completed within eight (8) years of graduating from high school. (12) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. It is acknowledged that Husband currently pays spousal support to Wife through the Cumberland County Domestic Relations Office. Upon receipt by Wife of the cash settlement from Husband, the spousal support order shall be terminated. (13) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Kara W. Haggerty, Esquire and Husband is represented by Thomas J. Williams, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (14) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (15) INCOME TAX: A: 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 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 interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties will file separate Federal and State income tax returns for 2008. (16) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (17) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (18) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (19) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (20) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired, including but not limited to funds received from inheritance, Thrift Savings Plan (TSP) and Federal Civil Service Retirement System Benefits (CSRS); C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting, G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (21) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (22) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (23) BREACH: In the event of litigation arising out of this agreement, the prevailing party shall be entitled to be reimbursed for the reasonable costs of such litigation, including attorney's fees. In the event neither party is completely successful in the prosecution or defense of such litigation, the court shall apportion and award the costs in such manner as the court deems just and fair under all the circumstances. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: ?lE? D F C a,GC 1? s Phylh . Nye J C . Frank C. Nye COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this& day o&-bj& &r , 2008, before me, the undersigned officer, personally appeared PHYLLIS M. NYE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. m NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA Notaial Seal at M L. Finanan, Notary Pd* 81 * 8010. Gmbeltand O=dw Con rnission E>?iresApl7p Ew UAs mw, Ponmylvsnle Association of NobvIes SS. On this day of_b1!'1 Y_YML A 2008, before me, the undersigned officer, personally appeared FRANK C. NYE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. dhLm I NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA shaman L. F Notary pd* Cat *Bm. Cwtm W kMMMfton EmsAM 7 pp IMsnlber, PennsNvarNe Assmmm o1 -.? -_ ? ? `...j `'-s r.? __ c: ? ;,A a ? p j`{ ?• -# Aom ?' LITULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 PHYLLIS M. NYE, Plaintiff V. FRANK C. NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-2877 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on May 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I 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. §4904 relating to unsworn falsification to authorities. Date: /-? c36 d ? )WI P IS M. NYE ?a -; .. ?? i,`:.? t??.: ?? ? f...} q. fi't' L°y P ` ?.r? .} Aom ?' TULnicis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 PHYLLIS M. NYE, Plaintiff V. FRANK C. NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-2877 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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. §4904 relating to unsworn falsification to authorities. Date: /,? (36 /07 PH IS M. NYE 7 Y: ,j ?• ) .?. r, f OM & K TULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 PHYLLIS M. NYE, Plaintiff V. FRANK C. NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-2877 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under 63301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Acceptance of Service dated May 17, 2007 and filed May 31, 2007 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff. December 30, 2008; by Defendant: December 5, 2008. 4. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff. December 30, 2008; by Defendant: December 11, 2008 Respectfully submitted, DATE 12 3 Awm&KUTULAKrs; L.L.P i Kara W. Haggerty, Esquire Supreme Court ID #8 1 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorng for Plaintiff CERTIFICATE OF SERVICE AND NOW, this y-L=? day of December 2 certify that I , 008, I, Kara W. did serve a true and correct copy of ggertY, Esquire, hereby the Ha the Defendant by dep foregoing Praecipe to 7ransrrllt Record ositing, or causing to be deposited upon addressed as follows: ,same in the U.S. mail, Postage prepaid, Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Respectfully submitted, ABom&KUTUL,4KjS L.L.P DATE I 4 3? v? Kara W. Ha e Supreme C ?' Esd . ? urt ID ' 691 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorn y for Plaint ?' ; -•:i C`?p _ ?) r'7 77 r f ?? ( ?_ "' C..?.= -'1 .C PHYLLIS M. NYE V. FRANK C. NYE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-2877 DIVORCE DECREE AND NOW, D&- c _ , it is ordered and decreed that PHYLLIS M. NYE plaintiff, and FRANK C. NYE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated December 30, 2008 incorporated but not merged into this Decree. By the Court, ?qly,0?4 14)j?h? PHYLLIS M. NYE, Plaintiff V. FRANK C. NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-2877 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this Is day of L . , 2008, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on December 30, 2008, and the agreement being filed of record on December 30, 2008, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT: bV G ---Kara W. Haggerty, Esquire For the Plaintiff y ? Thomas Williams, Esquire For the Defendant i?31 ?08 Tr ?.; 1 ,:`-? ?? ,