Loading...
HomeMy WebLinkAbout03-3980AMY J. GREER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA LOUIS V. GREER, : Defendant : CIVIL ACTION - LAW : 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 againsn you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 1 Courthouse Square, Carlisle, PA 17013. 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 ~HERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 er (717)249-3166 greet\complaint AMY J. GREER vs. LOUIS V. GREER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : DIVORCE ORDER You, Louis V. Greer, have been sued in Court to obtain custody of Aaron Greer and Alexandra Jordan Greer. You are hereby to appear in person at , on at , .M., for Nicolas Ordered a conciliation or mediation conference. __ a pretrial conference a hearing before the Court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 or (717)249-3166 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT Date: greer \complaint AMY J. GREER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. LOUIS V. GREER, : Defendant : CIVIL ACTION - LAW : DIVORCE COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Amy J. Greer, who currently resides at 17 Fenwick Drive, Manchester, York County, PA 17345. She has lived full time at this address since the beginning of June 2003. From on or around the beginning of March 2003 to the beginning of June 2003, Amy J. Greer resided half of the time at 40 Mallard Court, Mechanicsburg, PA 17055 and half of the time at 17 Fenwick Drive, Manchester, PA 17345. From September 2002 until the beginning of March 2003 Amy J. Greer resided at 40 Mallard Court, Mechanicsburg, PA 17055. From the middle of January 2003 resided at 40 Mallard around March 19, 2003 2. Defendant is Louis V. Greer. to on or around March 19, 2003 Louis V. Greer Court, Mechanicsburg, PA 17055. From on or until the end of July 2003, Louis V. Greet resided at 1101 Lindham Court, Mechanicsburg, PA. From the end of July to the present, Louis V. Greer has resided at 40 Mallard Court, Mechanicsburg, PA 17055. 3. Both parties have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on July 31, 1997 at Hudson, New York. between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is that Plaintiff may have the right to request that the the parties to participate in counseling. There have been no prior actions of divorce or for annulment available and Court require requests the Court to enter a decree of WHEREFORE, Plaintiff divorce. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. The marriage of the parties is irretrievably broken. 10. After two (2) years have elapsed from the date of separation, Plaintiff intends to file his Affidavit of having lived separate and apart. 11. and that require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from separation and Plaintiff has filed her Affidavit, respectfully requests that this Court enter a Decree in pursuant to Section 3301(d) of the Divorce Code. Plaintiff has been advised of the availability of counseling Plaintiff and Defendant have the right to request the Court the date of Plaintiff Divorce, Greer born Juno 7, 2000. From June 7, 491 Pheasant Run, until September COUNT III CUSTODY 12. The Plaintiff is Amy J. Greer and she is currently residing at 17 Fenwick Drive, Manchester, York County, PA 17345. 13. The Defendant is Louis V. Greer who is currently residing at 40 Mallard Court, Mechanicsburg, Cumberland County, PA 17055. 141. Plaintiff seeks primary physical custody of Nicolas Aaron 1999 and Alexandra Jordan Greer born October 21, 1999 to July or September 2000, Nicolas resided at Canastota, New York. From July or September 2000 2002, Nicolas and Alexandra (once she was born) resided at 334 Leonard Street, Oneida, New York 13421. From Sept 2002 to January 2003 the children resided half the time at Mallard Court in Mechanicsburg, PA with Mother and half the time on Leonard Street in Oneida, NY with Father. children were residing Mechanicsburg. January 2003 to the middle of March 2003 the with both parents at Mallard Court From March 19, 2003 to the beginning of June 2003, children resided half of the time with Mother half of the time with Father at Lindham Court, the beginning of June 2003 to the present, the the at Mallard Court and Mechanicsburg. From children have resided Mechanicsburg and half half of the time with Father at Mallard Court, of the time with Mother at Fenwick Drive, Manchester, York County. 15. The children were not born out of wedlock. 16. The children are presently in the custody of both parents. 17. The Mother of the children is Amy J. Greer and she currently is residing at 17 Fenwick Drive, Manchester, York County, PA 17345. The Father of the children is Louis V. Greer and he is currently residing at 40 Mallard Court, Mechanicsburg, Cumberland County, PA 17055. Mother and Father are married. 18. The relationship of Plaintiff to the children is that of Mother. Other than when she has custody of the children, the Plaintiff currently resides with Ron Ely. 19!. The relationship of Defendant to the children is that of Father. Other than when he has custody of the children, the Defendant resides alone. 20. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. 21. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other jurisdiction. 22. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 25. The best interest and permanent welfare of the child will be served by granting the relief requested because significant bonding has occurred between Amy J. Greer and the children. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Amy Greer requests the Court grant her primary physical custody of Nicolas Aaron Greer and Alexandra Jordan Greer. YOFFE & YOFFE, P.C. ~..~REY~[ YOFF~/ ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalities of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: AMY J. GREER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : : NO. 03-3980 LOUIS V. GREER, : Defendant : CIVIL ACTION - LAW : DIVORCE MOTION FOR LEAVE TO AMEND 1. On August 14, 2003, the undersigned filed a Divorce complaint on behalf of his client, the plaintiff, Amy Greet. See exhibit "A". 2. A filing fee of $260.50 was transmitted to the Prothonotary. 3. Upon receiving the complaint back from the Prothonotary, the undersigned realized that he forgot to put into the complaint various counts for economic relief. 4. The undersigned would like to amend the complaint to add counts for Counsel Fees, Equitable Distribution, Alimony Pendente Lite and Alimony. 5. The undersigned has not yet mailed the complaint to the Defendant for service. 6. The Plaintiff agrees to pay the extra filing fees associated with the 4 counts set forth in paragraph 4 above - those extra filing fees amounting to $60.00. 7. It is the hope of the undersigned to obtain permission from the Court to amend the complaint, file the amended complaint and then serve the amended complaint upon the Defendant. WHEREFORE, pursuant to rule 1033 of the PA Rules of Civil Procedure, the Plaintiff requests leave of Court to amend the complaint filed in the above captioned action YOFFE & YOFFE, P.C. · ~OF~E,~ ESQUIRE for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 Certified As A True Copy Of Original Document Filed AMY J. GREER : IN THE COURT O]? COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : : NO. O3-2 R9 C,o LOUIS V. GREER, : Defendant : CIVIL ACTION - LAW : 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 ca:De may proceed without you and a decree of divorce or annulment may be ,~ntered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. DIVISION OF PROPERTY, ANNULMENT IS GRANTED, YOU SHOULD TA/fE 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 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 or (717)249-3166 gree r\complaint EXHIBIT "A" RECEIPT FOR PAYMENT Cumberlan~ Cgunt~ Prothonotary's Office Carlisle, Fa 17013 Receipt Date 8/14/2003 Receipt Time 15:26:45 Receipt No. 141188 GREER AMY J (VS) GREER LOUIS V Case Number 2003-03980 Received of PD YOFFE & YOFFE IM Total Check... + 260.50 Total Cash .... + .00 Change ........ - .00 Receipt total. = 260.50 Check No. 477 ........................ Distribution Of Payment ............................ Transaction Description DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG AUTOMATION FEE JCP FEE ADD CUSTODY COU JCP FEE CUSTODY FEE CUSTODY FEE-CO Payment Amount 35 00 5O 5 0O 125 00 10 00 5 00 10 00 55 00 10 00 4 00 1 00 CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND CUMBERLAND CO GENERAL FUND EUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO AUTOMATION FUND BUREAU OF RECEIPTS AND CONTROL CUMBERLAND CO GENERAL FUND BUREAU OF RECEIPTS AND CONTROL ~MINISTRATIVE OFFICE OF PA CT CUMBERLAND CO GENERAL FUND 260.50 EXHIBIT "A" ~MY J. GREER vs. LOUIS V. GREER, Plaintiff Defendant AUG.03 IN THE cOURT OF coMMON PLEAS OF cUMBERLAND coUNTY, PENNSYLVANIA NO. 03-3980 CIVIL ACTION - LAW DIVORCE ORDER AND NOW, this day of it is hereby ordered that leave is granted to Plaintiff to amend the complaint in accordance with the motion for leave to amend filed by Plaintiff. Upon filing the amended complaint, Plaintiff shall pay to the Prothonotary any additional filing fees which that office claims to be owing. BY THE cOURT AMY J. GREER VS. LOUIS V. GREER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3980 : CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 1 Courthouse Square, Carlisle, PA 17013. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 or (717)249-3166 greer\complaint AMY J. GREER vs. LOUIS V. GREER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3980 : CIVIL ACTION - LAW : DIVORCE ORDER You, Louis V. Greet, have been sued in Court to obtain custody of Nicolas Aaron Greer and Alexandra Jordan Gresr. You are hereby Ordered to appear in person at , on at , .M., for a conciliation or mediation conference. a pretrial conference a hearing before the Court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 or (717)249-3166 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT Date: Jo greer \complaint AMY J. GREER vs. LOUIS V. GREER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3980 CIVIL ACTION - LAW : DIVORCE COUNT I AMENDED COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Amy J. Greer, who currently resides at 17 Fenwick Drive, Manchester, York County, PA 17345. She has lived full time at this address since the beginning of June 2003. From on or around the beginning of March 2003 to the beginning of June 2003, Amy J. Greer resided half of the time at 40 Mallard Court, Mechanicsburg, PA 17055 and half of the time at 17 Fenwick Drive, Manchester, PA 17345. From September 2002 until the beginning of March 2003 Amy J. Greer resided at 40 Mallard Court, Mechanicsburg, PA 17055. 2. Defendant is Louis V. Greer. From the middle of January 2003 to on or around March 19, 2003 Louis V. Greer resided at 40 Mallard Court, Mechanicsburg, PA 17055. From on or around March 19, 2003 until the end of July 2003, Louis V. Greer resided at 1101 Lindham Court, Mechanicsburg, PA. From the end of July to the present, Louis V. Greer has resided at 40 Mallard Court, Mechanicsburg, PA 17055. 3. Both parties have been bona fide residents in the Commonwealth of Pennsylvania for at least slx months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on July 31, 1997 at Hudson, New York. 5. There have been no prior actions of divorce between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is that Plaintiff may have the right to request that the the parties to participate in counseling. WHEREFORE, Plaintiff divorce. or for annulment available and Court require requests the Court to enter a decree of COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. The marriage of the parties is irretrievably broken. 10. After two (2) years have elapsed from the date of separation, Plaintiff intends to file his Affidavit of having lived separate and apart. 11. and that Plaintiff and Defendant have the right to request require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from Plaintiff has been advised of the availability of counseling the Court the separation and Plaintiff has filed her Affidavit, respectfully requests that this Court enter a Decree in pursuant to Section 3301(d) of the Divorce Code. date of Plaintiff Divorce, 12. reference. 13. COUNT III CLAIM FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE Paragraphs 1 through 11 are incorporated herein by Plaintiff does not have sufficient funds fees, costs and expenses incidental to this action. 14. Defendant is well able to pay Plaintiff's costs and expenses incidental to this matter. WHEREFORE, Plaintiff requests the Court grant her costs and expenses incidental to this action. to pay the counsel counsel fees, counsel fees, COUNT IV CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 15. Paragraphs 1 through 14 are incorporated herein by reference. 16. Plaintiff and Defendant are (or were since separation) the owners of real estate, motor vehicles, bank accounts, insurance policies, pensions, retirement benefits and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 17. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the parties' marital property. Court equitably distribute the COUNT V CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 18. Paragraphs 1 through 17 are incorporated herein by reference 19. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 20. Defendant is well able to pay support to Plaintiff. WHEREFORE, Plaintiff requests the Court grant her alimony pendente lite. COUNT VI CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 21. reference. 22. Plaintiff earning capacity at Paragraphs 1 through 20 are incorporated herein by does not have a sufficient source of income or the present time to maintain a standard of living enjoyed by the parties during their marriage. 23. Defendant does have a sufficient earning capacity to aid Plaintiff in maintaining living enjoyed by the parties during their marriage. WHEREFORE, source of income and the standard of Plaintiff requests the Court grant her alimony. 24. reference. 25. COUNT VII CUSTODY Paragraphs 1 through 23 are incorporated herein by The Plaintiff is Amy J. Greer and she is currently residing at 17 Fenwick Drive, Manchester, York County, PA 17345. 26. The Defendant is Louis V. Greer who is currently residing at 40 Mallard Court, Mechanicsburg, Cumberland County, PA 17055. 27. Plaintiff seeks primary physical custody of Nicolas Aaron Greer born June 7, 1999 and Alexandra Jordan Greer born October 21, 2000. From June 7, 1999 to July or September 2000, Nicolas resided at 491 Pheasant Run, Canastota, New York. From July or September 2000 until September 2002, Nicolas and Alexandra (once she was born) resided at 334 Leonard Street, Oneida, New York 13421. From Sept 2002 to January 2003 the children resided half the time at Mallard Court in Mechanicsburg, PA with Mother and half the time on Leonard Street in Oneida, NY with Father. January 2003 to the middle of March 2003 the children were residing with both parents at Mallard Court in Mechanicsburg. From March 19, 2003 to the beginning of June 2003, the children resided half of the time with Mother at Mallard Court and half of the time with Father at Lindham Court, Mechanicsburgo From the beginning of June 2003 to the present, the children have resided half of the time with Father at Mallard Court, Mechanicsburg and half of the time with Mother at Fenwick Drive, Manchester, York County. 28. The children were not born out of wedlock. 29. The children are presently in the custody of both parents. 30. The Mother of the children is Amy J. Greer and she currently is residing at 17 Fenwick Drive, Manchester, York County, PA 17345. The Father of the children is Louis V. Greer and he is currently residing at 40 Mallard Court, Mechanicsburg, Cumberland County, PA 17055. Mother and Father are married. 31. The relationship of Plaintiff to the children is that of Mother. Other than when she has custody of the children, the Plaintiff currently resides with Ron Ely. 32. The relationship of Defendant to the children is that of Father. Other than when he has custody of the children, the Defendant resides alone. 33. Plaintiff has not participated as a party or witness or the another capacity in other litigation concerning the custody of children in this or another Court. 34. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other jurisdiction. 35. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 36. The best interest and permanent welfare of the child will be served by granting the relief requested because significant bonding has occurred between Amy J. Greer and the children. 37. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Amy Greer requests the Court grant her primary physical custody of Nicolas Aaron Greer and Alexandra Jordan Greer. YOFFE & YOFFE, P.C. //2~Ff~REY~. YOFF~, ESQUIRE ~'Attorney for Plaintiff 214 Senate ~enue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 AMY J. GREER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : : NO. 03-3980 LOUIS V. GREER, : Defendant : CIVIL ACTION - LAW : DIVORCE VERIFICATION and belief. I understand that to the penalties of 18 Pa. C.S. to authorities. I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Amended Complaint are true to the best of my knowledge, information, false statements herein are made subject §4904 relating to unsworn falsification Dated: AMY J. GREER, Plaintiff LOUIS V. GREER, Defendant THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-3980 CIVIL TERM : : CIVIL ACTION- LAW : 1N DIVORCE PRAEC~IPE TO ENTER APPEARANC. g, ON REI-IAI,i~ fli~ TJEFENI~ANT TO THE PROTHONOTARY: Kindly enter the appearance of Jearm6 B. Costopoulos, Esquire, as attorney of record for Defendant, Louis V. Greer, in the above captioned matter. Dated: _ Jeann6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, Box 779 Meehanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 AMY J. GREER, Plaintiff Vo LOUIS V. GREER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-3980 CIV1L TERM : : CIVIL ACTION - LAW : IN DIVORCE CI~RTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Dated: BY: ,~6 B.~C---'-'--~ ~-~ ostopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 AMY J. GREER VS. LOUIS V. GREER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3980 : : CIVIL ACTION - LAW : DIVORCE MARITAL AGREEMENT BETWEEN AMY J. GREER A_ND LOUIS V. GREER TABLE OF CONTENTS INTRODUCTION SECTION I General Provisions SECTION II Property Distribution Provisions SECTION III Alimony, Spousal Support, Child Custody, Counsel Fees, Health Insurance, and Educational Expenses Provisions SECTION IV Closing Provisions and Execution Child Support, 17 22 26 2 INTRODUCTION THIS AGREEMENT made this day of by and between AMY J. GREER ("WIFE") and LOUIS V. GREER ( "HUSBAND" ) 2003, WHEREAS, the married on July 31, WHEREAS, WITNESSET~: parties hereto are husband and wife, having been 1997 in Hudson, New York. There were two children born of this marriage - Nicolas Aaron Greet (D.O.B. 21-2000). WHEREAS, and difficulties have arisen between of Husband and Wife 6-7-1999) and Alexandra Jordan Greet (D.O.B. 10- diverse unhappy differences, the parties and it is to live separate and apart for the disputes and the intention rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 3 NOW, THEREFOr. E, in consideration promises, covenants and undertakings hereinafter other good and valuable consideration, receipt acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: of the promises and mutual set forth and for of which is hereby (THIS SPACE INTENTIONALLY LEFT BLANK) 4 SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the incorporated herein and made a part the body of the Agreement. Prea~nble of this Agreement are hereof as if fully set forth in 1.02. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS' This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 1.03. DIVORCE DECREE The parties acknowledge that broken and that they will secure a decree in the above captioned divorce this Agreement, or as soon as possible their marriage is irretrievably mutual consent no-fault divorce action. Upon the execution of under the terms of said Divorce Code if said documents cannot be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers including affidavits of consent, If either party fails or refuses necessary to finalize said divorce. to finalize said divorce or execute 5 and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 1.04. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated Divorce Decree which may be entered with respect to them. into any 1.06. NON-MERGER This Agreement shall not merge with the Divorce rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as a result of the aforesaid incorporation or as otherwise provided by law or statute. 1.07. The DATE OF EXECUTION "date of execution", "execution date' or "date of this of execution by the party last Agreement" shall be defined as the date executing this Agreement. 1.08. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be 6 defined as the date of execution of this Agreement unless otherwise specified herein, 1.09. fully explained to the parties by their Yoffe, Esquire for Wife, and Jeanne Husband. The parties acknowledge that ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been respective counsel, Jeffrey N. B. Costopoulos, Esquire, for they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept 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, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. Income and expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of Court. Discovery: The right to have any discovery as may be permitted S o by the Rules of Civil Procedure, a breach of this Agreement, out out of any other proceedings in ordered by the Court. Determination of Marital and Non-Marital have the Court determine which property except discovery arising out of of any child support action, or which discovery is specifically Property: The right to is marital and which is non-marital, and equitably distribute between the property which the Court determines to be marital. Other Rights and Remedies: The right to have the any other rights, remedies, privileges, parties that Court decide or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1.12. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 9 1.13. and forever to come, bo MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband Wife each do hereby mutually remise, release, quitclaim and discharge the other and the estate of the other, for all time and for all purposes whatsoever, of and from the following: Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. Dower, Curtesy, Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower widow's or widower's rights, family exemption allowance, or under the intestate laws, or the against the spouse's will; Life Time Conveyances: The right to treat or curtesy or or similar right to take a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; Marital Rights: Any rights which either party may have or at any time hereafter may have for past, present or future support or l0 maintenance, alimony, equitable distribution, costs or expenses, result of the marital relation or otherwise. alimony pendente lite, counsel fees, whether arising as a Breach exception: The foregoing shall not and agreements and obligations of whatsoever which may arise under this Agreement or provision thereof. It is the intention give to each other by the execution of apply to all rights nature arising or for the breach of any of Husband and Wife to this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement of any provisions thereof. 1.14. ~4AIVER OR MODIFICATION TO BE INWRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of or for the breach any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.15. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.16. the administrators, AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of parties hereto and their respective heirs, executors, successors and assigns. parties between 1.17. INTEGRATION This Agreement constitutes the entire understanding of the and supersedes any and all prior agreements and negotiations them. There are no representations or warranties other than those expressly set forth herein. 1.18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) execute any and all written instruments, assignments releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for and/er as their respective executed in order Agreement. the proper effectuation of this Agreement, counsel shall mutually agree, should be so to carry out fully and effectively the terms of this 1.19, NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce the same. The waiver of any ]2 default of any of the provisions of this agreement shall not be construed as a waiver of strict performance of any other obligations herein. 1.20. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the shall have the following deemed to be cumulative cumulative terms of this Agreement, then the other party rights and remedies, all of which shall be and not in the alternative, unless said effect would have an inconsistent result or would result in a windfall of the other party: Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. $502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. Other Remedies: Any other remedies provided for in law or in equity. 1.21. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the the Commonwealth of Pennsylvania. laws of 1.22. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 1.23. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 1.24. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: Prior Returns: and state deficiency The parties have heretofore filed joint federal returns. Both parties agree that in the event any 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 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 failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Current Returns: The parties shall file separate individual federal and state Income tax returns for the calendar year 2003. Income Tax Deduction: For all years that they are available, Wife shall be able to take the income tax deduction for Alexandra O° Jordan Greet {D.O.B. 10-21-2000) and Husband shall be able to take the deduction for Nicolas Aaron Greer (D.O.B. 6-7-1999). Upon request of the other, Husband and Wife agree to promptly sign and return to the other any Internal Revenue Service documents to this effect. 1.25. PP~ESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.26. bLa-NNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at his or her last known address, or such other address as that party may from time to time designate. 1.27. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. (THIS SPACE INTENTIONALLY LEFT BLANK} SECTION II PROPERTY DISTRIBUTION PROVISIONS 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACOUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since October 7, 2002, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 17 2.03. WAI%-ER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 2.05. VEHICLES, BOATS AND THE LIKE Vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties have as of the date of this agreement been divided to the satisfaction of both Husband and Wife. 2.06. REAL ESTATE The parties do not currently own any real estate. The real estate which the parties previously owned has been sold and divided to the satisfaction of both Husband and Wife. 2.07. BETI~]24ENT ~ PENSION PI~NS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party whether acquired through said party's employment or otherwise. 2.08. BANK ACCOUNTS/STOCK/LIFE INS~CE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance. Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 2.09. TAX PROVISIONS The parties believe and agree that the division of property made pursuant to the terms of this Agreement is a non-taxable division of property between coowners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this paragraph on his or her applicable federal or state income tax returns. 2.10 marital separation she has not contracted or liability for which Husband or his estate might further represents and warrants to Husband that or incur any debt for which Husband indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' incurred any debt or be responsible. Wife she will not contract or liability after the execution of this Agreement or his estate might be responsible. Wife shall 2.11. parties' marital separation he has or liability for which Wife or HUSB~ND'S DEBTS Husband represents and warrants to Wife that since the not contracted or inourred any debt her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband 2O 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. 2.12. MARITAL DEBT There is no debt which is in the name of both Husband and Wife. Wife shall be responsible for any marital debt in her name alone. Husband shall be responsible for any marital debt in his name alone. 2.13 INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. (THIS SPACE INTENTIONALLY LEFT BLANK) 2! SECTION III ALIMONY, SPOUSAL SUPPORT, CHILD CUSTODY, CHILD SUPPORT, COUNSEL FEES, HEALTH INSURANCE, AND EDUCATIONAL EXPENSES 3.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. claim they may have, both now and in for alimony, alimony pendente maintenance. ALIMONY AND SUPPORT The parties hereto agree and do hereby waive any right and/or the future, against the other lite, spousal support and 3.03 CHILD CUSTODY The parties will share legal and physical custody of the two children, Nicolas Aaron Greet (D.O.B. 6-7-1999) and Alexandra Jordan Greer (D.0.B. 10-21-2000). The children shall go the daycare of Wife's choosing. 3.04 CHILD SUPPORT, HEALTH INSURANCE AND EDUCATIONAL EXPENSES Husband agrees to provide Medical (as distinguished from Dental and Vision Insurance) insurance on both children. For Dental and Vision, Husband agrees to either purchase Dental and 22 Vision Insurance for the children, or be responsible to pay 100% of Dental and Vision expenses of the children. Husband shall be responsible to pay 50% of unreimbursed (unreimbursed expenses are those expenses not paid by the insurance company) Medical expenses of the children. Wife shall be responsible to pay 50% of unreimbursed Medical expenses of the children. If Husband does not purchase Dental or Vision Insurance for the Children then Husband shall be responsible to pay 100% of the unreimbursed Dental and Vision expenses of the children, if Husband does purchase Dental or Vision Insurance for the Children, Husband shall be responsible to pay 50% of the unreimbursed Dental and Vision expenses and Wife shall be responsible to pay 50% of the unreimbursed Dental and Vision expenses. Each month, beginning immediately, Husband agrees to pay Wife $730.00 ($730.00 being the monetary amount of child support) plus 100% of any daycare expenses plus 100% of any private school expenses. On or before April 15 of every year until and including such year as the youngest child turns 18 years old or graduates high school, whichever is later, Husband shall turn over to Wife his Federal income tax return for the previous year. Upon signing of this agreement Husband shall turn over to Wife's possession his 2002 Federal income tax return. In the event Husband's gross income (not adjusted gross income) for years subsequent to 2002, increases by a certain percentage as evidenced by Husband's Federal income tax return, Wife, upon written request to Husband, shall be entitled to an increase in her then existing monetary amount of child support by that same percentage. In the event 23 Husband's gross income (not adjusted gross income) decreases by a certain percentage as evidenced by Husband's Federal income tax return, Husband, upon written request to Wife, shall be entitled to a decrease in the amount of child support he owes by that same percentage. In no event shall Husband pay less then $730.00 per month in child support, plus 100% of any daycare expenses plus 100% of any private school expenses. When Nioolas turns 18 years old or graduates high school, whichever is later, Husband's child support obligation shall be calculated as set forth above and then divided by 2. When Alexandra turns 18 years old or graduates High School, whichever is later, Husband's obligation to pay child support ceases. An illustration of the above described child support obligation is as follows: Husband's gross 2002 income was $100,000.00~. His 2003 gross income increases 10% to $110,000.00. Husband's monthly monetary child support obligation increases 10% to $803.002. Then, Husband's 2004 gross income decreases 5% to $104,500.00. Husband's monthly monetary child support obligation decreases 5% to $762.853. The entire contents of this paragraph (3.04) may be modified by a Court of proper Jurisdiction at any time upon receiving a properly filed request from either Husband or Wife for modification. Husband and Wife agree that the standard the Court should use in issuing a new child support Order is that the Court (or Domestic Relations) should issue a child support Order To simplify the example, the round number of $100,000.00 is being used. Plus 100% of any daycare expenses plus 100% of any private school expenses. 24 consistent with the law (support guidelines) in place at the time and the amount of Child Support should be calculated as if this property settlement agreement were never entered into. Plus 100% of any daycare expenses plus 100% of any private school expenses. 25 SECTION IV CLOSING PROVISIONS AND EXECUTION BY SIGNING UNDERSTOOD PROVISIONS THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE OF THIS AGREF/4ENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement. WITNESS: '~-~/ny J. Greer [ kou/i s~S EAL ) 26 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : on the of . 2003 undersigned officer, personally appeared, g2ny J. (or satisfactorily proven) to be the person whose to the within Agreement, and acknowledged that she for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. before me the Greet, known to me name is subscribed executed the same COIv~4ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND My Commission Expires: On this the~"~-0-~ of ~/~,'a~8/ , 2003 before me the undersigned officer, Greet, known to me (or satisfactorily proven) name is subscribed to the within Agreement, he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto personally appeared, Louis V. to be the person whose and acknowledged that set my hand and notarial seal. 27 A/~Y J. GREER vs. LOUIS V. GREER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3980 : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 1. An amended Complaint in Divorce under ~3301(c) of the Divorce Code was filed on September 3, 2003. 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 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 to the penalties of ' 18 Pa. C.S. falsification to authorities. statements herein are made subject ~4904 relating to unsworn ~ er AMY J. GREER vs. LOUIS V. GREER, Plaintiff Defendant IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3980 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT Code was filed on September 2. The marriage broken and ninety (90) service of the Complaint. 3. I consent to the An amended Complaint in Divorce under ~3301(c) 3, 2003. of Plaintiff and Defendant is days have elapsed from the date of of the Divorce irretrievably filing and 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 correct. I understand that false statements herein are to the penalties of 18 Pa. C.S. §4904 relating falsification to authorities. true and made subject to unsworn Y/MY J. GREER LOgIS V. GREER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3980 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject 18 Pa.C.S. ~4904 relating to unsworn falsification to the penalties of to authorities. AMY J. GREER vs. LOUIS V. GREER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3980 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I notice. 2. I consent to the entry of a final Decree in Divorce without division of property, lawyer's fees or expenses if I before a divorce is granted. 3. I understand that I will not be divorced Decree is entered by the Court and that a copy of the Decree sent to me i~nediately after it is filed with the Prothonotary. understand that I may lose rights concerning alimony, do not claim them until a Divorce will be I verify that the statements made correct. I understand that false statements herein are to the penalties of 18 Pa.C.S. ~4904 relating to unsworn to authorities. Date: in this Affidavit are true and made subject falsification Louis V. Greet AMY J. GREER vs. LOUIS V. GREER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA NO. 03-3980 CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVICE I accept service of the amended complaint filed in the above captioned action. Date: September 9, 2003 40 Mallard Court Mechanicsburg, PA 17055 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY J. GREER LOUIS V. GltlglgR VS. ) Plaintiff ) ) ) ) ) Defendant ) COUNTY BRANCH CIVIL ACTION - LAW NO, 03-3980 PRAECI?E TO TRANSMIT THE RECORD Grounds for divorce: x Section 3301(c) of the Divorce Code Section 3301(d) of the Divorce Code Amended (a) Date complaint filed: September 3, 2003 (b) Date of service of thc complaint: September 9, 2003 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the reinstated complaint: __ Certified mail, restricted delivery to and remm receipt signed by defendant. First-class mail - not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused Personal service by Sheriff and/or Deputy Sheriff __ Personal service by competent adult other than Sheriff (Affidavit attached) Acceptance of service (copy attached) By publication pursuant to Order of Court (Copy of Order attached) (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: (b) DateofexecUtion: Plaintiff 12-20-2003 Defendant 1.2-20-2003 Date of filing: Plaintiff Defendant ( herewi th ) ( herewi th) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: Date of execution: N/A Date of service upon defendant: Related claims pending: None (a) Date of service of the notice of intention to request entry of divorce decree, copy of which is attached: N/A Manner of service of notice of intention: Certified mail First-class mail Personal service Acceptance of service Publication pursuant to Order of Court Other (-b:)ate waiver of notice of intention to request entry of divorce decree was led with the Prothonotary: ,laintiff: Herewith 'efendant: Herewi th VERIFICATION that [alse statestatements made in this praecipe are true and correct. I understand re~ating t~ein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 falsification to authorities.  Yoffe i goffe, P.C. Attorney for Plaintiff IN THE COURT OF COMMON Amy J. Greer OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. 03-3980 NO. PLEAS VERSUS Louis V. Greer DECREE IN DIVORCE AND NOW, DECREED THAT Amy J. Greer 2004 , IT I$ ORDERED AND , PLAINTIFF, AND Louis V. Greer , DEFENDANT~ ARE DIVORCED FROM THE BONDS OF MATRIMONY. The Marital Agreement filed of record is incorporated herein. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: , ////2/ ATTj:r~/C/~//'///~ ~ ~:'~ ~/~ - / J.  ///~~PROTHONOTArY