Loading...
HomeMy WebLinkAbout03-6345SEAN C. TAYLOR, Plaintiff JODI L. HILLMAN-TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A D1VORCE 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 VOtERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 Tdephone: (717) 249-3166 SEAN C. TAYLOR, Plaintiff V. JODI L. HILLMAN-TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Sean Taylor, by and through his attorney, Jeann6 B, Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. The Plaintiff, Scan C. Taylor, is an adult individual who currently resides at 156 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Jodi L. Hillman-Taylor, is an adult individual who currently resides at 62 Pleasant View Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 19, 1998 in Mechanicsburg, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) are incorporated herein by reference as if set forth specifically below. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiffhas been advised that counseling is available and that the Plaintiffmay have the right to request that the court require the parties to participate in counseling. 9. There is one (1) dependant child from this marriage, namely Dustin Taylor, bom May 11, 1995. 10. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the Plaintiff relief from the bonds of matrimony and order a Decree in Divorce. DATED: BY: Respec/..~t~~itted, Jeann~ B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 SEAN C. TAYLOR, Plaintiff JOD1 L. HILLMAN-TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - LAW : DIVORCE VERIFICATION I, Sean C. Taylor, hereby verify that the statements made in the foregoing Complaint in Divorce are tree 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. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this t..J7 day of_ ,2004, by and between SEAN TAYLOR and JODI TAYLOR: WITNESSETH: WFfEREAS, SEAN TAYLOR 01erefuafter referred to as "Husband") and JODI TAYLOR (hereinafter referred to as "Wife") are Husband and Wife, having been lawfully married on September 19, 1999, in Cumberland County, Pennsylvania. WHEREAS, the parties hereto are desirous of settling fully and fmally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance ofnne another and, in general, the settling of any and all claims and 13ossible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and andemakings hereinafter set forth, and for other good and valuabJte consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has been provided ample opportunity to receive independent legal adviice fi.om counsel of his or her selection, and that each fully understands the facts and fully understands his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily and that 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. In addition, each party hereto acknowledges that he or she understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente~ lite, equitable distribution of all marital property or property owned or possessed individually or jointly, counsel fees and costs of litigation and, fully knowing the same Initials: ~ 1 Inifialsi~) / and being fully advised of his or her fights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and condkions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affi,~cting the respective parties' rights to alimony, alimony pendente ~ support and mairttenance, equitable distribution, counsel fees and costs of litigation. DISCLOSIJRE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documants, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil ][¥ocedure. Each of the parties further acknowledges that he or she undemtunds the concept of marital property under Pennsylvania law and each is aware of his or her right to have the mai and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competant jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any ri~tt to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any farther enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and hemelf and his or her heirs, executors, administrators or assigns in any action o:['contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 2 lnitials:~ PERSONAL RIGHTS. Husband and Wife ma3,, at all times hereafter, live separate and apart. Each shall be flee from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such pl[aee or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or 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. Neither party will interfere with the use, ownership, enjoyment or dispositinn of any property now owned by or hereinafter acquired by the other. FULL RESOLUTION OF ECONOMIC ISSUES. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce unly. EQUITABLE DISTRIBUTION. (a) Cash to Wife. Beginning on the first PaY date subsequent to the execution date of this Agreement, Husband agrees to pay Wife the sum of $1000.00 in ten (10) equal bi-weekly installments. Husband fhrther agrees to pay $800.00 directly to Husband's parents on behalf of Wife to be put towards the $1600.00 debt owed to them for the downpayment they provided for the 1994 VW Golf which Wife shall retain pursuant to the terms of this Agreement. (b) Marital Residence. The parties acknowledge that they own a mobile home, specifically a 1983 single-wide Shultz, located at 156 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, 17013 (hereinal:ter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: The parties agree that on or before January 1, 2006, at a time to be determined by Husband, but no later than January 1, 2006, Husband shall sell the marital 3 Initials: ~ (1) Initials: Initials.~ residence. The parties each agree to couperate fully with any realtor or other party involved with the sale of the Marital Residence. (2) Husband shall be solely responsible to pay off all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, any existing loans secured by the marital residence, taxes, insurance premiums, utilities, maintenance and repairs. (3) Wife agrees that Husband shall be permi~Ied to exclusively reside in the Marital Residence until such time as it is sold provided he keeps current all existing loans secured by the marital residence, takes, insurance premiums, utilities, maintenance and repairs. (4) At the time of sale of the Marital Residence, Husband and Wife shall cooperate fully with the execution and deliverance of an appropriate title, conveying to the Buyer(s) all of the parties' right, title, claim and interest in the Marital Residence. Any proceeds from the sale of the Marital Residence shall belong solely to Husband, free of any and all right, title, claim or interest of Wife. In the event a check is issued in joim names, Wife agrees to endorse the check promptly on demand of Husband. (5) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as owner thereof and Husband shall be solely entitled to receive any payments now or hereafter due under any such insurance policy. (c) Motor Vehicles Husband agrees that Wifi.· shall retain possession of and receive as her sole and separate property the 1994 VW Golf, as well as any other vehicle(s) currently in her possession, free of any and all right, title, claim or interest of Husband, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness 4 Initials: ~ (d) pertain'rog thereto and insurance thereon, including the $1,600.00 owed to Husband's parents for the down-payment they provided to purchase the 1994 VW Golf, except that Husband shall pay $800.00 to his parents on behalf of Wife regarding said debt. Wife shall indamnify and hold Husband and his property harmless fi'om any and all liability, cost or expense, including actual attorneys fees, incurred in connection with such vehicle(s). Wife further agrees that within 90 days fi.om the date of this Agreement she shall refinance or otherwise remove Husband as a co-debtor from all debt associated with the 1994 VW Golf, except that Husband shall be mspnnsible to pay his parents $800.00 as referenced above. Wife agrees that Husband shall retain possession of and receive as his sole and separate proper~, any vehicle(s) currently in his possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any ontstanding indeb~dness pertaining thereto and insurance thereon, flee of any and all fight, title, clffnn or interest of Wife. Husband shall indemnify and hold Wife and her property harmless fi.om any and all liability, cost or expense, including actual attorneys fees, incurred in connections with such vehicle(s). Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rags, carpets, household appliances and equipment. Any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement, shall be and remain Husband's sole and separate property, flee of any and all right, title, claim or interest of Wife. Any personalty or furnishings now located in Wife's current residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, flee of any and all right, title, claim or interest of Husband. Initials:~ Initials: (0 (g) (1) (2) (3) lnitials:~ Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or intarest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation therean&,~r. Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, defen'ed compensation plans, 401(k) plans, employee savings and thrifi plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or baneflci:~xy designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be requh'ed from time to time to accomplish the purposes of this subparagraph. Cash Accounts~ Stoeks and Investments. Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checl(mg accounts, mutual funds, stock accounts, or any other assets ofa simila~r nature which now are titled in Husband's name alone. Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in sawings or checking accounts, mutual funds, stock accounts, or any other assets of a ~;imilar nature which now are titled in Wife's name alone. Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. AIl joim f'mancial accounts 6 Initials: ~ (h) (i) Initials:~ have been closed and distributed between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such properly from each to the other. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the tern of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. ProperB' to Husband. The parties agree that Husband shall own, possess, and enjoy, flee from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims., assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that properly, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. Assumption of Encumbrances. Initials: (i) (m) (n) Initials:~ (1) Commencing on the execution date of this Agreemem, Wife agrees to assume the balances owed on aay debt held solely in her own name and Husband agrees to assume the balances owed on any debt held solely in his own name. (2) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property eanh will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. Liability Not Listed. Each party represants and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indanmify and hold the other party and his or her property harmless from any and aJ[1 such debts, obligations and liabilities. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Hnsband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife trader this Agreement, Wife will, at her sole expense, defend Husband 8 Initials: .~ against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefi.om, including, but not limited to, costs of court and actual atXomey's fees incurred by Husband in connection therewith. (o) Warranty as to Future Obligationn. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may l~e responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accoants which provide for jotht liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless fi.om any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. ALIMONY/SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. CHILD EARNED INCOME TAX CREDIT FOR 2004 TAX YEAR. The parties agree that they will be filing their tax returns separately for the 2004 tax year. ?he parties agree that Wife shall be entitled to apply for the child earned income tax credit for 2004. However, any credit received by Wife shall be equally divided with Husband. COUNSEL FEES~ COSTS AND EXPENSE~_ Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their 9 Initials: ~ 10. 11. Initials: separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. WAIVER OF INHERITANCE RIGItTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any addkional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divome Code. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other parly continues to be named as beneficiary and no alternate bennficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution ofthelr assets and liabilities pursuant to {}3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, 10 Initials: '% (b) Initials:~ (c) except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert a~ay claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereal%r own and enjoy independently of any claim or right of the other, all items of persmml property, tangible or intangible, acquired by him or her from the execution chute of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereaiter has for past, present or future support or maintenance, alimony p_endente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its pro visions. Neither party shall have any obligation to the other not expressly set forth herein. Except as set forth in this Agreement, each p~my hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administratom, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, 11 Initials: 12. 13. 14. 15. contracts, engagements or liabilities of the o~ther or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, t~he remaining provisions hereof shall nevertheless survive and continue in full force and[ effect without being impaired or invalidated in any way. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. Initials¢ 12 Initials: 16. 17. 18. 19. 20. 21. 22. Initials:~ WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. EFFECT OF RECONCILIATION~ COHABITATION OR DIVORCE, This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of 13 Initials: reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEII~. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any ink,crest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other docmnents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choJ[ce, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each pagy shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or dasirahle to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that patty shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This/agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement trader the Divorce Code of 1980, as amended, and in additiola, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowled~ Initials: ~ ft~ 14 Initials: WITNESS ' / ' Initials: 15 Initials: COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ~.~ ).~. l~qd2.~ ~D ) BEFOKE ME, the undersigned authority, on this day personally appeared SEAN TAYLOR, known to me to be the person who executed the foregoing instnmaent, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE ~tis L~D I ~ ,2004. COMMONWEALTH OF PENNSYLVANIA ~ Ma~y j. Gouffer, ~ pul~c { ~ MyCommissi~ex~Ims~v. , . / ~q ~ dayof Typed or printed name of Notaw: My commission expires: COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF {2~O/~6~{~k10~ ) BEFORE ME, the undersigned authority, on this day personally appeared JODI TAYLOR, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE fi.ds ~-O ~ ~., ,2004. / COMMONWEALTH OF PENNSYLVANIA F ' / c,o . Member, Pennsylvania Association Of N~I~H~ · ::~q/~ dayof Commonweal'th oY~Pennsylvania Typed or printed name of Notary: My commission expires: Initials.'~ 16 lnitials:~/~ SEAN C. TAYLOR, Plaintiff JODI L. HILLMAN-TAYLOR, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-6345 CIVIL : : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE ..AND WAIVER OF COUNSELINC 1. A Complalm in Divorce under Section 3301(c) oflLhe Divorce Code was filed on December 5, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. ~'/~n/C. Taylor SEAN C. TAYLOR, Plaintiff Vo JODI L. HILLMAN-TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-6345 ,CIVIL : : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE ~AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December $, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree ofdivome 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 unswom falsification to authorities. '~od~'L. Hillman-Taylor · ~] SEAN C. TAYLOR, Plaintiff JODI L. HILLMAN-TAYLOR, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERL/LND COUNTY, PENNSYLVANIA : : No. 03-6345 CIVIL : : CIVIL ACTION - LAW : DIVORCE PLAINTIFF,S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI 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 thc 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 penalt~ies of ! 8 Pa.C.S. §4904 relating to unswom falsification to authorities. Signature.'~~ S~(~/C./Taylor - __ SEAN C. TAYLOR, Plaintiff JODI L. HILLMAN-TAYLOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-6345 CIVIL CIVIL ACTION - LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE .UNDER SECTION 3301(c) OF TI-IF. DIVORCE COD E 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a diworec 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 scm to me immedia~Iely after it is filed with the Prothonotary. I verify that the statements made m 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 unswom falsification to authorities. Dated: '7/~"//Dr'4- Signature Jodi L. Hfllman-Taylor ~f SEAN C. TAYLOR, Plaintiff JODI L. HILLMAN-TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-6345 CIVIL : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Jeann~ B. Costopoulos, Esquire, verify that the Complaim in Divorce was served upon the Defendant indicated above on December 29, 2003, by first cl~s, Certified Mail No. 7000 1530 0001 6001 7889, postage prepaid, return receipt requested, reslxicted delivery, pursuant to the requirements of Pa.R.C.P. § 1930.4. By: Dated: Jeanne B. Costopoulos, Esquire Attorney for Plaintiff 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S.Ct. ID No. 68735 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. -Ps Form 3811, August 2001 ' Name) D. Isde~M~ry~ !f/omiteml? i"l ye~ O Registered [] Return Receipt for Mm'c~ [] Insured Mail r"l C.O.D. 4. Restricted Delivery? (Ex/rs Fee) ~ Domestic Return Receipt SEAN C. TAYLOR, Plaintiff JODI L. HILLMAN-TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-6345 CIVIL : : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORI~ To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. nDfnt,e .an~d~.M_~a~n?r of service of the Complaint: SelMce by certified mail no. 7000 1530 ,,,,m OOOl 7889 on 12/29/20003. See attached Affidavit of Service. 3. Date °f execution of the Affidavit of Consent reauh:ed b Code: by the Plaintiff: ~~vf~ff; ~, ,. \ . l by §330_1(c) of the Divorce .... ,, Y me oexenoantt: ~alltt:~Z~ 4. Related claims pending: None. 5. Date Plaintiff's Waiver °f Notice in §3301 (c) divon:e was filed with the prothonotary: filed simultaneously with this Pmecipe to Transmit Record. Date Defendant's Waiver &Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with th/s Praecipe to Transmit Record. Respectfully Submi~ed: Jea~ B. Costope,ulos, Esquire Attorney for Plaimfff 5000 Ritter Road, ;Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S.Ct. 1D No. 68735 IN THE COURT Of COMIVION PLEAS OF CUMBERLAND COUNTY STATE Of~ ~~ PENNA. SEAN C. TAYLOR, Plaintiff VERSUS JODI L. HILLMAN-TAYLOR, Defendant NO. 03-6345 CIVIL AND NOW, DECREED THAT DECREE lIN ~7.1~/~ DIVORCE S ORDERED AND SEAN C. TAYLOR , PLAINTIFF, AND JODI L. HILLMAN-TAYLOR , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURiSDiCTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD iN THIS ACTION FOR ~fHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; None. IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain property and marital settlement agreement dated July 27, 2004, and attached reference as though fully set forth herein at length. Said agreement shall not merge with, but shall survive this Decree.