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HomeMy WebLinkAbout08-01870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, Plaintiff NO. C V. : CIVIL ACTION - LAW PATRICIA M. BYERLY, DIVORCE Defendant 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 SCOT P. BYERLY, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -fr- Plaintiff NO. PATRICIA M. BYERLY, Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT Plaintiff, Scot P. Byerly by his attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. 2. 3. 4. 5. 6. 7. The Plaintiff is Scot P. Byerly, an adult individual who currently resides 1352 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania 17013. The Defendant is Patricia M. Byerly, an adult individual residing at 9 Earl Street, Boiling Springs, Cumberland County, Pennsylvania 17007. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on August 22, 1998 at Newville, Cumberland County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Defendant is not a member of the Armed Services of the United States or any of its Allies. -2- 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; 6. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from August 24, 1998, the date of their marriage, until the present, all of which are "marital property" or "marital debts". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. -3- WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. Respectfully submitted, jANE G. DCLIFF, ESQUIR 3448 Trindle Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -4- VERIFICATION SCOT P. BYERLY verifies that the statements made in this Complaint are true and correct. SCOT P. BYERLY understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. SCOT P. BYERLY Date: 112 Z-2-12 -5- `1 V I" W D` W SA VV [\ Q ` VV 1 ?J G b p. P g4 C c r-7 46 SCOT P. BYERLY, Plaintiff VS. PATRICIA M. BYERLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 0187 CIVIL CIVIL ACTION - LAW IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Patricia M. Byerly , in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: J a V LINDA A. CLO ELTER, ES( 4 A mey I.D. 72963 1 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile I' .w. SCOT P. BYERLY, VS. Plaintiff PATRICIA M. BYERLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 0187 CIVIL CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE 14 AND NOW, this hh day of January, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER LINDA A. CLOTFELTER, ESQ ttrney I.D. 72963 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ?, ?? _._ ?.? _?? .. . ? T ?? ? . . ? ?' ' r.? < t_?. °, . :. ?- - :.?: c:,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, V. PATRICIA M. Plaintiff Y, Defendant NO. 08-0187 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on January 1 , 2008, 1 served a true and correct copy of the Complaint in Divorce upon Patricia M. B erly, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Patricia M. Byerly 9 Earl Street Boiling Springs, PA 17007 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. Sworn to and subsc ibed before me a Notary Public in and for Cumberland Count, Pennsylvania thisA day of , 2009 . mow. j" NOTARY PUBLIC My commission expires: .t ap cCOmyMMpNWEAL p gy?,VAN t WNW Saw DeUKah L. Do". NOWY r? ?p Hl Wo, cumber 23,2111 Association of Noterles Member. penn nta oc Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff A 11*t ¦ Corn a " 2, and 3. Also complete item 4 i Delivery is desired. Print yr name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. Article Addressed to: {PfFT2?cli Am . ?yEP-Ly q ?A-Rc. 5 r, boding 5pi'f?r1 s PA v / 700-7 A. Si _ X ; ? ; Received by (Printed &Kme) ', G. C" of D. Is delivery address d If YES li t d d t , en er e very ad ress bolo Re 01 3. Service Type XCeMed Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail O C.O.D. 1 Ay" 2. Article Number 7007 0710 0003 9223 9097 (Transfer ffpm service Ish PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" RETURN RECEIPT CARD C'1 r ??°? t}_ ` ? ? ` -'~ --,- ? ?? c i? ? ? ? f?r? - . , h, ? ? , ? t • r-`-- ,?'.. ? , _ ? t'- .,, ? ? y n ti ?. tt - - SCOT P. BYERLY, Plaintiff/Respondent VS. PATRICIA M. BYERLY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0187 : CIVIL ACTION - LAW : IN CHILD CUSTODY COMPLAINT IN CHILD CUSTODY AND NOW, comes Defendant, Patricia M. Byerly, by and through her counsel, Linda A. Clotfelter, who files this Complaint in Child Custody and in support thereof states the following: 1. Defendant is Patricia M. Byerly, (hereinafter "Mother"), an adult individual who resides at 9 Earl Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Plaintiff is Scot P. Byerly, (hereinafter "Father"), an adult individual who resides at 1352 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of two (2) Children namely Cody R. Byerly, born February 9, 1994, age (14) years and Caitlin M. Byerly , born Decemberl5, 2000, age (7) years. Cody R. Byerly was born out of wedlock and Caitlin M. Byerly was not born out of wedlock. During the children's lives they have resided as follows: WITH WHOM ADDRESS FROM / TO Mother 9 Earl Street 12/07 to present Boiling Springs, PA 17007 Mother 1 Earl Street 8/06 to 12/07 Boiling Springs, PA 17007 Father 1352 Zimmerman Road 10/97 to present Carlisle, PA 17013 Mother & Father 1352 Zimmerman Road 10/97 to 8/06 Carlisle, PA 17013 Mother, Father 66 Cherry Lane 6/93 to 10/97 Carlisle, PA 17013 The mother of the children is Patricia M. Byerly, currently residing at 9 Earl Street, Boiling Springs, Cumberland County, Pennsylvania 17007. She is married. The father of the children is Scot P. Byerly, currently residing at 1352 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania, 17013. He is married. 4. The relationship of the plaintiff to the Children is that of Father. The plaintiff currently resides with the Children. 5. The relationship of the defendant to the Children is that of Mother. Defendant currently resides with the Children and no other individuals. 6. Mother has not participated in any other litigation concerning these children in this or any other state. There are no other proceedings pending involving custody of these children in this or any other state. 7. It is in the best interest of the Children to grant Mother primary physical custody of Caitlin and shared physical custody of Cody for the following reasons: a. Mother has always provided primary care for the children since birth and she wishes to continue to do so as much as possible. b. Mother has also been very active in both children's education and she initiated counselling to help them with divorce and other issues. It very recently became apparent that Cody needs consistent weekday time with Mother because he is barely passing the first marking period. Due to this predicament Mother is determined to become even more involved in Cody's education and she has scheduled conferences with his teachers to address his needs. C. Mother believes that the terms of the Order she seeks will permit Caitlin to have the structure she so desperately needs and it will eliminate a significant change in Cody's educational experience. Caitlin attends school in Mother's school district and Cody attends in the school district of the marital home where Father lives. In the interest of continuity without conflict, Mother seeks to have Caitlin in her home during the school days, which Mother truly believes is in Caitlin's best interests and she wishes to confirm her shared custody arrangement for Cody which has permitted him to continue to attend school in the district in which the marital home is located. To that end, Mother has purposely agreed to permit Father to retain the marital home for Cody's school attendance, only to have Father fight Mother unreasonably on details related to the distribution of the home and similar issues. d. Father has repeatedly and consistently alienated the children from their Mother which is not in their best interest. More specifically, while at their daughter's football games (for cheerleading) Father has repeatedly and publicly refused to permit the children to hug their Mother. In those instances Father has demanded that Mother remove herself from the immediate area and due to Father's treatment and conduct, the children have refused to show Mother any consideration because of their fear of their Father's response to same. Father's conduct has clearly shown to Mother that the children are conflicted when forced to witness Father's hostile behavior toward Mother. e. Father has continued to act in ways that are not in the best interests of the children by refusing to keep counselling appointments set by Mother despite correspondence from Father's counsel indicating that he would agree to permit the children to attend counselling sessions. Most recently, Father has repeatedly demanded that sessions be rescheduled because they are to happen during his custody times. The sessions were scheduled per the limited availability of the counsellor that is experienced with the family and were not intended to minimize Father's time with the children. Mother is truly concerned with the children's need for continuing counselling, especially for Cody, who seems to be having some negative experiences with children at school. f. The children, through statements and otherwise, have indicated that they fear Father's reaction to them showing care and concern for their Mother and Mother fears the retaliation against the children by Father when he sees the allegations of this complaint. g. It is in the best interest of the children to minimize their time in Father's household as, upon information and belief, Father and his girlfriend drink regularly and, given the many empty containers seen by Mother at his house, excessively. On the contrary, Mother rarely drinks and she never drinks in the presence of the children. Mother is also concerned with the children's safety because Father has consumed alcohol and then transported the children. h. The children had repeatedly shown a significant fear of their Father's reaction to activities and events that occur while with their Mother and Mother has witnessed a very positive transformation of the children while in her care. More specifically, while Mother has the children, they seem to become very happy, relaxed, warm and caring, only to have them revert to very cold and uncaring attitudes when they return from Father's custody periods. i. Father has consistently and regularly used the children as pawns in coercing Mother to agree to a divorce settlement that is more favorable to Father. Moreover, Father has actually called the police to have Mother physically removed from the marital residence, which she jointly owns with Father - all while the children were present. Father's repeated conduct in arguing with Mother in the children's presence over personal and real property is not in their best interests. Also, in one instance, Father's girlfriend, while wearing only a towel, became intertwined in one of these arguments at the home in the children's presence. During that incident Mother had to obtain from the marital home Caitlin's items for day care that Father forgot. Mother always gives prior notice by telephone or text message of her trips to the marital home and on this occasion Father ignored Mother's text and numerous telephone calls. 8. Mother knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 9. 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, Defendant, Patricia M. Byerly, respectfully requests that, the Court enter an Order of Court granting the parties shared legal custody; Mother primary custody of Caitlin M. Byerly; the parties shared physical of Cody R. Byerly; and granting such other relief as this Court deems just and proper Respectfully submitted, Date: I ?L © U LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire ttorney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff SCOT P. BYERLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-0187 PATRICIA M. BYERLY, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY VERIFICATION I, PATRICIA M. BYERLY, verify that the statements in the foregoing COMPLAINT IN CHILD CUSTODY are true and correct to the best of my knowledge, information and belief understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date:( c? 7 PATRICIA M. BYERL fe ?? ""??.., ~?? ? ? G'^?, ?? -?,,, 4?? _?? _:? F ??? _ti .....f ?°?.?J co tom, .?`"`s r- ??"° F? '??-- ._.c: C"°, Q fit- . c. ?,+, !' ??4 ?cy1 ? ?: ?. i::;:% C«.=:' ,-?s'n ,;*..? SCOT P. BYERLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA M. BYERLY DEFENDANT 2008-0187 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 04, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac uelrne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 D, DEUC 112 M 6 SCOT P. BYERLY, Plaintiff V. PATRICIA M. BYERLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0187 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this (Z-day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Patricia M. Byerly and the Father, Scot P. Byerly, shall have shared legal custody of Cody R. Byerly, born February 9, 1994 and Caitlin M. Byerly, born December 15, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody of the children on the following schedule: A. Father shall have physical custody of the children every Monday and Tuesday overnight from after school on Monday to Wednesday after school. B. Mother shall have physical custody of the children every Wednesday and Thursday overnight from after school to Friday after school. C. The parties shall alternate the weekends, Friday after school to Monday after school. I In the event that the custodial parent is away from home overnight, they shall contact the non-custodial parent and offer said time to the non-custodial parent. 4. The parties shall cooperate with counseling for the children. 5. Neither party may consume alcohol to the point of intoxication immediately before or during their custodial periods. 6. Holidays/Vacations: A. Christmas shall be divided into two blocks. Block A shall be from 11:00 a.m. on Christmas Eve to 11:00 a.m. on Christmas Day. Block B shall be from 11:00 a.m. Christmas Day to 11:00 a.m. on December 26. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. New Year's Eve shall be divided into two blocks. Block A shall be from New Year's Eve at 11:00 a.m. to New Year's Day at 11:00 a.m. Block B shall be from New Year's Day at 11:00 a.m. to January 2 at 11:00 a.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Thanksgiving shall be alternated from year to year from 9:00 a.m. to 8:00 p.m. Father shall have odd numbered years and Mother shall have even numbered years. D. Mother's Day/Father's Day. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 8:00 p.m. and Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 8:00 p.m. E. Father shall always have physical custody of the children on Memorial Day and Labor Dy. Mother shall always have physical custody of the children on July 4t . F. Each parent shall be entitled to one full week, including their weekend, in the summer for vacation, provided they give the other party 30 days prior notice of the location and a telephone number where the children may be reached. 7. Transportation shall be shared such that the receiving party shall transport. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for March 9, 2009 at 8:30 a.m. cc/f inda A. Clotfelter, Esquire, Counsel for Mother „ Kiane G. Radcliff, Esquire, Counsel for Father J n .r l Tr. CV L ' t? ? ? Ct`? t.u ?.?...t SCOT P. BYERLY, Plaintiff V. PATRICIA M. BYERLY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0187 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody R. Byerly February 9, 1994 shared Caitlin M. Byerly December 15, 2000 shared 2. A Conciliation Conference was held in this matter on December 10, 2008, with the following in attendance: The Mother, Patricia M. Byerly, with her counsel, Linda A. Clotfelter, Esquire, and the Father, Scot P. Byerly, with his counsel, Diane G. Radcliff, Esquire. The parties agreed to an Order in the form as attached. 12 - 16 -o S' Date A V? acq ine M. Verney, Esquire Custody Conciliator APR n Q 20(Iq SCOT P. BYERLY, Plaintiff V. PATRICIA M. BYE Y, AND NOW, consideration of the follows: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0187 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW 1-1 day of )*it- 1 , 2009, upon d Custody Conciliation "Report, it is ordered and directed as 1. The prior? Order of Court dated December 12, 2008 shall remain in full force and effect with th following modifications and additions. 2. Easter sh 1 be shared such that Mother shall always have physical custody of the children from 9:0 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:0 p.m. to 9:00 p.m. 3. Mother s all always have physical custody of the children for July 4t' overnight to a time agreed by the parties on July 51`. Father shall always have physical custody of the children r Memorial Day overnight to a time agreed by the parties on the next day. The parties shill alternate Labor Day with Mother having odd numbered years and Father having even umbered years, overnight to a time agreed by the parties. 4. In the ev nt that either party is in need of a babysitter for more than 3 hours, the custodial parent shall contact the non-custodial parent and offer said time to the non-custodial parent except when a blood relative is the designated caregiver. 5. The parents shall have reasonable telephone contact with the children. 6. Neither p may do or say anything, nor permit a third party from doing or saying anything that may estrange the children from the other parent, or injure the opinion of the of the chil en as to the other parent, or may hamper the free and natural development of the children's love or affection for the other party. 7. This Ord r is entered pursuant to an agreement of the parties at a Custody Conciliation Conference The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ccatricia A Byerly, I 9 Earl Street Boiling Springs, cot P. Byerly, pro s 1352 Zimmerma o se A 17007 Road Carlisle, PA 1703 4 r?? - 4'N' SCOT P. BYERLY, V. PATRICIA M. PRIOR JUDGE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0187 CIVIL ACTION - LAW Y, It : IN CUSTODY B. Bayley, P.J. IN ACCORDA CE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3- , the undersigned Custody Conciliator submits the following report: 1. The perti this litigation is as folio, NAME Cody R. Byerly Caitlin M. Byerly 2. A the following in P. Byerly, pro se. 3. The ] dated December 12, 4. The q-9 Date information concerning the Children who are the subject of DATE OF BIRTH CURRENTLY IN CUSTODY OF February 9, 1994 shared December 15, 2000 shared on Conference was held in this matter on April 7, 2009, with : The Mother, Patricia M. Byerly, pro se and the Father, Scot able Edgar B. Bayley, P.J. previously entered an Order of Court providing for shared legal and shared physical custody. agreed to an Order in the form as attached. ac eline M. Verney, Esquire Custody Conciliator N cn CW) Cl= - N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, Plaintiff NO. 08-0187 V. PATRICIA M. BYERLY, Defendant : CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 10, 2008. 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: G?aalaoo9- "Y:?' SCOT P. BYERLY 1 /?V???1 X14/ OF THE 2004 JU - I PH 1: 10 ?t"J Ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, Plaintiff NO. 08-0187 V. PATRICIA M. BYERLY, Defendant : CIVIL ACTION - LAW DIVORCE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: SCUT P. BYERLY FjLEL ii 20+09 JUL - l PM 1: 10 cure..:, ,•<? E :??? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, Plaintiff NO. 08-0187 V. CIVIL ACTION - LAW PATRICIA M. BYERLY, DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 10, 2008. 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Co ??I C? 9V PATRICIA M. BYERLY RI-Ei oc 0, TA 2009 JUL - I PM 1: 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, Plaintiff V. PATRICIA M. BYERLY, Defendant : NO. 08-0187 CIVIL ACTION - LAW : DIVORCE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: PATRICIA M. BYERLY C. ?`'i 'LtA(? 2009 JUL - I Pfd 1: ? 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, Plaintiff V. PATRICIA M. BYERLY, Defendant NO. 08-0187 CIVIL ACTION - LAW DIVORCE MARITAL AGREEMENT BETWEEN SCOT P. BYERLY AND PATRICIA M. BYERLY MARITAL AGREEMENT THIS AGREEMENT made thiday 2009, by and between PATRICIA M. BYERLY, ("Wife") of 9 Earl Street, Boiling Springs, PA 17007, and SCOT P. BYERLY, ("Husband") of 1352 Zimmerman Road, Carlisle, PA 17013. PREAMBLE AND RECITALS WHEREAS, the parties hereto are husband and wife, having been married on August 22, 1998 in Cumberland County, Pennsylvania, and were separated on August 31, 2006. WHEREAS, The parties are the parents of two children: Cody R. Byerly, born on 2/9/1994 and Caitlin M. Byerly, born on 12/15/2000, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the 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. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall - 1 - execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice. Within a reasonable time after receipt of those Affidavits and Waiver, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband and Linda A. Clotfelter, Esquire for Wife. The parties acknowledge that 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. 1.06. FINANCIAL DISCLOSURE. The parties acknowledges that each has had the opportunity to conduct discovery and investigation as to the incomes of the parties, the parties' marital assets and debts and their respective separate assets, debts and monthly expenses with the exception of the personalty in the marital residence to be determined after a joint walk through by the parties as more fully described in paragraph 2.04.(G). The parties further acknowledge that there has been a full and fair disclosure of the -2- identity and value of the parties' marital assets and debt, their separate estates and their respective incomes. The parties hereby waive any further discovery and/or disclosure of the parties' marital assets and debt, their respective separate estates and incomes and expenses, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) 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; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the following: A. Estate Rights: Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this agreement. B. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony - 3 - pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. 1.10. 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. 1.11. 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 terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(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. B. Damages: The right to damages arising out of breach of the terms of this Agreement, C. Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. F. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: -4- A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment 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. B. Current Returns: The parties shall file individual tax returns for the current 2009 tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) 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. D. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. 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. E. Dependency Exemption(s) and Children's Expenses: For as long as the parties have an equally shared physical custody schedule, Wife shalt be entitled to claim the tax deduction for the dependency exemption for Caitlin M. Byerly on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended, and Husband agrees that he will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration; and Husband shall be entitled to claim the tax deduction for the dependency exemption for Cody R. Byerly on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended, and Wife agrees that she will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Husband within ten (10) days of a request to sign such form or declaration. Once the dependency exemption for the Child, Cody R. Byerly cannot be claimed, - 5 - then the parties will alternate annually the right to claim the federal income tax dependency exemption for the Child, Caitlin M. Byerly. Wife will claim that dependency exemption for even numbered years and Husband will claim that dependency exception in odd numbered years. If the party claiming the child is not remarried, that party will also be able to claim the head of household status for the same year that he or she claims the dependency exemption for the child. Otherwise the right to claim that head of household status will go to the other party, unless he or she is also remarried. If for some reason the physical custody schedule is no longer shared equally by the parties, then this paragraph shall no longer be effective. 1. The parties acknowledge that due to their custody arrangements, they had agreed that pending the resolution of this proceeding, Wife would not seek contribution from Husband for the cost of daycare and in exchange Husband would be solely responsible for the monthly payment for the secured line of credit through Members 1S` Federal Credit Union. The parties agree to vacate this prior arrangement. Now see Paragraph 1.12(E)(2), below. 2. It is agreed that the parties shall share equally the costs of medical insurance; out-of-pocket medical expenses; and daycare expenses incurred for the children. The effective date for the medically related expenses is the date of the policy which is January 1, 2009, and the effective date for the daycare expense is the date of execution of this Agreement. It is further agreed that Wife shall continue to provide the medical insurance coverage for the children provided that it continues to be available to her through her employer for a reasonable fee. Wife shall also be responsible for any out-of-pocket medical expenses when they are incurred with Husband paying his fifty percent (50%) on a monthly basis within fifteen (15) days of Wife providing an accounting of the expenses to him. 3. The parties acknowledge the need for the Children to have telephone access to both parties. Thus, it is specifically agreed that Mother shall continue to provide Cody with a cellular telephone to be used while he is in either party's custody and she will obtain one for Caitlin when the parties mutually agree that she has a need for one. Furthermore, effective upon the date of execution of this Agreement, the parties agree to share equally the costs of cellular telephone service for the children. This wilt be accomplished by Wife providing to Husband an accounting of the costs to be paid on a monthly basis. 4. It is acknowledged that certain medical expenses of the Children were paid -6- by Wife during the pendency of the divorce litigation as more particularly described in Exhibit "B" attached hereto and incorporated herein. Although Wife has paid some of the expenses, the sum of $1,000.00 remains outstanding. Accordingly, the parties hereby stipulate and agree that Husband shall pay to Wife the sum of $500.00 within sixty (60) days of the date of execution of this Agreement to meet his obligation for those medical expenses. 1.13. WAIVER OR MODIFICATION. 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 any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE 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-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, -7- real, personal or mixed, acquired by him or her, since 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. 2.03. 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 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate: The jointly owned real estate known and numbered as 1352 Zimmerman Road, ("the Real Estate"), encumbered with a mortgage owed to Sovereign Bank and a secured line of credit with Member's 1St Federal Credit Union, (collectively "the Mortgages"), shall be divided and distributed in accordance with the following: I. Conveyance: Husband shall prepare and shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's 's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Wife upon Wife's signing of this Agreement and held in escrow by Wife's attorney pending the refinance /assumption of the Mortgage or sale and upon the payment of the sum of $33,000 set forth below, at which time the deed shall be delivered to Husband to record. 2. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien(s) of the Mortgages, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the Mortgages, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save harmless therefrom. 3. Refinance: Husband shall apply for refinancing/assumption of the Mortgages within fifteen (15) business days of the date of this Agreement and shall complete that refinance /assumption within sixty (60) days of the date of this Agreement so as to release from further liability thereunder. -8- The costs of refinancing /assumption shall be paid by Husband. 4. Sale: In the event Husband has not obtained the refinancing/assumption of the Mortgages within the 60 day period aforesaid, then the parties shall list the real estate for sale with a qualified real estate broker and shall market and sell the Real Estate, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be divided equally between the parties. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith ("Vehicle Loan"), shall be divided and distributed as follows: 1. To Wife: Wife's non-marital 1994 Chevrolet Cavalier, titled in her sole name and unencumbered, and Wife's non-marital 1967 Chevrolet Camero, titled in her sole name and unencumbered. 2. To Husband: Husband's previously owned 2001 Ford Mini Van traded in by Husband on his 2004 Jeep Cherokee and Husband's 1994 Ford Bronco, titled in Husband's sole name and unencumbered. C. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any Investments in Wife's sole name. 2. To Husband: Any Investments in Husband's sole name including, but not limited to, the 156 shares of Thermal Fisher Scientific stock titled in Husband's sole name. D. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: Wife's Member's 1St Account(s). 2. To Husband: Husband's Member's 1 st Account(s). E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: Any Life Insurance Polices in owned in the sole name of Wife. -9- 2. To Husband: Any Life Insurance Polices owned in the sole name of Husband. F. Retirement Plans: The parties' 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 any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Any Retirements Plans held in the sole name of Wife or established for her sole benefit including, but not limited to, Wife's Highmark 401 K plan and her Highmark Pension Plan. 2. To Husband: Any Retirements Plans held in the sole name of Husband or established for his sole benefit including, but not limited to Husband's Prudential R/0 IRA. 3. Waiver: Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. G. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. Walk Through. The parties have agreed that they will jointly walk through the marital residence to resolve the household personalty issues within seven (7) days of the date of execution of this Agreement. It is the specific intent of the parties to distribute the household personalty and to have husband disclose to wife the identity of any personalty he sold or otherwise conveyed since the date of separation of the parties. It is agreed that either party may have a third party present with them for the walk through, although it is specifically agreed that neither Wife's boyfriend nor Husband's girlfriend may be present at the marital residence at that time. 2. To Wife: All items of personal property in the possession of Wife, not -10- otherwise distributed to Husband herein, and the items of personal property set forth on the list attached hereto as Exhibit "A", and made a part hereof, to be removed by Wife from the marital residence within twenty-one (21) days of the date of this Agreement. 3. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein, excepting the items of personal property set forth on the list attached hereto as Exhibit "A", and made a part hereof. H. Monetary Payment: Husband shall pay Wife the amount of $33,000 within sixty (60) days of the date of this Agreement. Upon said payment and the refinance/assumption of the Mortgages set forth in above, Wife's attorney shall release the deed of conveyance for the Real Estate to Husband to record as required above. It is acknowledged that from time to time mortgage lenders require the deed to be recorded or released to them prior to the date of settlement. If that occurs husband will take the steps necessary to protest wife's interest in the real Estate if the refinance/assumption is not completed, including but not limited to he execution of a quit claim deed transferring the property into the joint names of Husband and Wife to be recorded by Wife in the event of the failure to complete the refinance/assumption after the deed has been released. 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: (a) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: (a) Husband's Member's 1't Visa account. (b) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 3. Home Depot Account: Husband shall close the Home Depot credit card account -11- 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. B. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. -12- G. 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 all 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. H. After Acquired Debts: Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. 1. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY CHILD SUPPORT AND TAX _PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. 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 alimony, alimony pendente lite, spousal support and maintenance. - 13 - 3.03. CUSTODY. This Agreement does not govern the parties' custodial arrangements with their children. All custody matters are governed by the court order entered custody action previously filed by Wife as that order may be hereafter amended. 3.04. CHILD SUPPORT. This Agreement does not govern child support. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shalt be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement 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 the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: .( C ty (SEAL) SCOT P. BYERLY Date: co Ali (SEAL) PATRICIA M. BYERLY Date: -14- COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this the Y4'?- day of 2009, before me the undersigned officer, personally appeared, SCOT P. BYEER Y, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seat. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYL\AANIA Notarial Seal Deborah L. Donley, Notary Public Camp Hill Soro, Cumberland County My Commission E)ires Sept 23, 2011 Member, Pennsylvania Association of Notaries On this the day of , 2009, before me the undersigned officer, personally appeared, PATRICIA M. B ERLY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. CAVAA 0A CAA VdDtA NOTARY PU My Commission Expires: ift MOMl?llll MAl MINAO -A t111A/1? l CI 1110RA p Ci01"? t'?IMMIM0111 !ice I& us$ - 15 - EXHIBIT "A" PERSONAL PROPERTY TO BE RECEIVED BY WIFE FROM HUSBAND 1. Patio Furniture 2. Any items remaining in the Shed including the crib; -16- F? OF 11-E 20P,9 JUL -1 P, F 1: ! 0 cuW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOT P. BYERLY, Plaintiff : NO. 08-0187 : CIVIL ACTION - LAW : DIVORCE V. PATRICIA M. BYERLY, Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 1/10/2008 b. Manner of Service of Complaint: Certified Mail Restricted Delivery C. Date of Service of Complaint: 1/19/2008 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 6/29/2009 b. Defendant: 6/24/2009 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated June 24, 2009, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C)" DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 07/01/2009 b. Defendant's Waiver: 07/01/2009 DIANE LIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 OF 71Fl?r r? SCOT P. BYERLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA M. BYERLY NO. 08-0187 CIVIL TERM DIVORCE DECREE AND NOW, •3 , :, 2?- Z o 6 , it is ordered and decreed that SCOT P. BYERLY plaintiff, and PATRICIA M. BYERLY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All claims have been resolved by the parties' Marital Agreement dated June 24, 2009, and filed of record in this case, the terms of which Agreement are incorporated by not merged with this decree. 0 By the Court, J. Prothonotary % • .27 • 9 ?'