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HomeMy WebLinkAbout08-1016w TRENT TYSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . NO. Q$ _ 1 Dlly Cbvi ( le-t'r'i. CATHY TYSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS 1S AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r TRENT TYSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. , NO. 0 P- /o/6 ' t( T CATHY TYSON, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER 43301(c) or $3301(d) OF THE DIVORCE CODE I . Plaintiff is Trent Tyson, who currently resides at 1540 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Cathy Tyson, who currently resides at 1540 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 12, 2004 in Boiling Springs, Pennsylvania. 5. The parties have no minor children. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. do, r' 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Dated: Z /t o Fs Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Thomas A Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. #85211 TRENT TYSON, Plaintiff vs. CATHY TYSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, 'T'rent Tyson, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date: Cl r t TRENT TYSO Plaintiff -69- n 4 W O 00 00 ? v n ? - `= -n -lit -? - ? r I-) C-0 0 TRENT TYSON, Plaintiff VS. CATHY TYSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE RETURN OF SERVICE On the 11 "" day of February, 2008, I, David Rudy, Process Server, served CATHY TYSON, with the Divorce Complaint filed on February 13, 2008 by WAMAt1J6 T C,4.--N./ %ySo.J (manner of service) at IS40 G,c*.v oyi u-.) Ave, A-eff , at '15" Pm. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: CXI.N ` i e CA) c-n v JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant TRENT TYSON, Plaintiff vs. CATHY TYSON, Defendant To the Prothonotary: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1016 CIVIL ACTION - AT LAW DIVORCE Please enter the appearance of Jeannd B. Costopoulos, Esquire, as attorney for the Defendant, Cathy Tyson. Dated: /Zol o By: ANNE B. COSTOPOUL ,-ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant V I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA. 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: ?120/ C' _ r n l JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant TRENT TYSON, Plaintiff VS. CATHY TYSON, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1016 CIVIL ACTION - AT LAW DIVORCE STIPULATION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, come Plaintiff, Trent Tyson, by and through his attorney, Thomas Clark, Esquire, and Defendant, Cathy Tyson, by and through her attorney, Jeanne B. Costopoulos, Esquire, and hereby enter the following Stipulation for Exclusive Possession of the Marital Residence as follows: 1. Plaintiff is Trent Tyson (hereinafter "Husband"). 2. Defendant is Cathy Tyson (hereinafter "Wife"). 3. Husband filed a Complaint in Divorce on February 13, 2008 at the above term and number. 4. Husband is the owner of record of a house and real estate situated at 1540 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (" the Marital Residence"). 5. The parties agree that exclusive possession of the Marital Residence shall be granted solely to Wife through May 10, 2008. Husband shall not enter the Marital Residence absent the express consent of Wife during Wife's period of exclusive possession. 6. The parties agree that exclusive possession of the Marital Residence shall be granted solely to Husband beginning May 11, 2008 at 12:00 a.m. After that time, Wife shall not enter the Marital Residence absent the express consent of Husband pending final resolution of all claims between the parties. 7. Wife shall be solely responsible for all utilities associated with the Marital Residence between February 14, 2008 and May 11, 2008. 8. Husband shall be solely responsible for all utilities associated with the Marital Residence subsequent to May 11, 2008. 9. This Stipulation in no way divides or distributes any of Husband's or Wife's real or personal property, nor any marital asset subject to Equitable Distribution. It is understood and agreed that this Agreement is preliminary in nature. The parties agree that this Stipulation shall not, in any way, prejudice either party with regard to final distribution of the marital estate. 10. The provisions of this Stipulation and their legal effects have been fully explained to the parties by their respective counsel. Each party acknowledges that they have received independent legal advice from counsel of his or her selection, and, as to the terms of this Stipulation, that each fully understands the facts relative thereto and has been fully informed as to his or her legal rights and obligations, and that this Stipulation is being h' entered into freely and voluntarily after having received such advice from counsel. The parties further acknowledge that the execution of this Stipulation 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. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals. Dat 2i dY Da (e (41 1 d'1. Cathy Tyson Defendant Je B. Costopoulos, Esquire Attorney for Defendant /// Date Date Thomas Clark, Esquire Attorney for Plaintiff n `'' cTI -TI co 7 -7.7 . ?,.? ....... RAJ MAY 2 72008 p+/ TRENT TYSON, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-1016 CATHY TYSON, CIVIL ACTION - AT LAW Defendant DIVORCE ORDER OF COURT AND NOW, TO WIT, this 2 9 ` day of ?+-.? , 2008, it is hereby ORDERED AND DECREED that the attached Stipulation for Exclusive Possession of the Marital Residence is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: RLED-r:"lug {??/ OF THE F;,t,, _ . 2003 MAY 29 AN 131: 58 p B, s/24/off - ?I J, kc l Amy --r ??k I TRENT TYSON, : THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-1016 CATHY TYSON, CIVIL ACTION - AT LAW Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 13, 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. r/-C; o?oo? ? Date a?cicuucuu 10 F TFFr ; ' "'`' '')?,,Ry 2909 J' f - 2 l.;' I' r5 ,1 , 1 TRENT TYSON, Plaintiff VS. CATHY TYSON, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1016 CIVIL ACTION - AT LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. . I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. S a ? a©oy' Date OF THE 2099 JUA ...2 'I # : 1: TRENT TYSON, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-1016 CATHY TYSON, : CIVIL ACTION - AT LAW Defendant : DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 29-t"'day of YKhy , 2009, by and between TRENT TYSON of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and, CATHY TYSON of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on June 12, 2004 in Boiling Springs, Pennsylvania; WHEREAS, there are no minor children of this marriage; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, 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 in relation to the ownership and equitable distribution of real and personal property; 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 either party against the estate of the other party. NOW, THEREFORE, in consideration of the 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute an Affidavit of Consent and Waiver of Notice under Section 3301(c) of the Divorce Code. Additionally, the parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any Affidavit or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(d) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, T costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: HUSBAND has been represented by Thomas M. Clark, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. WIFE has been represented by Jeann6 B. Costopoulos, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. I 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. RESIDENCE LOCATED AT 1544 GRANDVIEW AVENUE: HUSBAND shall retain as his sole and separate residence located at 1540 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. As of May 16, 2008, the appraised value of the real estate was $181,000.00 This real estate is subject to an existing mortgage through CitiMortgage. Additionally, there is a PSECU home equity loan that is associated with the real estate. WIFE specifically waives her right to claim any equity which may exist in this property in consideration of the various covenants and promises made herein. HUSBAND shall be responsible for all expenses associated with the property and shall indemnify and hold WIFE harmless as to same. 12. CASH PAYMENT: As part of equitable distribution in this case, Wife is to receive from Husband the total of $12,500.00. The $12,500.00 shall be paid to Wife no later than May 31, 2009. Such payment shall be in full and final satisfaction of all claims by WIFE arising out of the martial relationship, equitable distribution of marital property, and/or any other rights accruing to WIFE under any applicable law. The parties agree that the above-mentioned payment is fixed, non- contingent and absolute, made as and for an additional property settlement in equitable distribution of marital property. The payments are not alimony or maintenance. It is the intention of the parties that the aforesaid payments are non-deductible to HUSBAND, and free of any and all taxes to WIFE. That is to say that, HUSBAND agrees the he will not deduct said sum or any part thereof on his income tax returns, and the intent of the parties is that WIFE shall not be obligated to include the same in her taxable income on her returns. t 13. PENSIONS/RETIREMENT ACCOUNTS: The below listed accounts shall be divided as follows: a. HUSBAND is the owner of a SERS retirement account through his employment with the Commonwealth of Pennsylvania. WIFE waives all right, title and interest in and to said account. b. HUSBAND is the owner of a Roth IRA through Ameriprise with an account number ending in 5002. HUSBAND shall become the sole and exclusive owner of this account. WIFE waives all right, title and interest in and to said account. c. HUSBAND is the owner of an IRA through Ameriprise with an account number ending in 0002. HUSBAND shall become the sole and exclusive owner of this account. WIFE waives all right, title and interest in and to said account. d. HUSBAND is the owner of a Roth IRA through Vanguard with an account number ending in 1482. HUSBAND shall become the sole and exclusive owner of this account. WIFE waives all right, title and interest in and to said account. e. HUSABAND is the owner of a Commonwealth of Pennsylvania Deferred Compensation Plan with the plan number 98978-01. HUSBAND shall become the sole and exclusive owner of this account. WIFE waives all right, title and interest in and to said account. f. WIFE is the owner of a SERS retirement account through her employment with the Commonwealth of Pennsylvania. HUSBAND waives all right, title and interest in and to said account. g. WIFE is the owner of a Commonwealth of Pennsylvania Deferred Compensation Plan. WIFE shall become the sole and exclusive owner of this account. HUSBAND waives all right, title and interest in and to said account. Both parties hereby waive any right, title or interest they may have in any other retirement account or pension plan owned by the other party. f 14. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 15. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become the sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 16. MOTOR VEHICLES: WIFE shall retain sole and exclusive possession of the 1992 Pontiac Bonneville. WIFE is responsible for the vehicles distributed to her, including the payment of any lien, insurance, registration and maintenance and WIFE agrees to indemnify and hold HUSBAND harmless for failure to make payments thereon. Further, HUSBAND agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of WIFE. HUSBAND shall retain sole and exclusive possession of the 2007 Toyota Corolla. HUSBAND is responsible for the vehicle distributed to him, including the payment of any lien, insurance, registration and maintenance and HUSBAND agrees to indemnify and hold WIFE harmless for failure to make payments thereon. Further, WIFE agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of HUSBAND. 17. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name. 18. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage. 19. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 21. INCOME TAX: HUSBAND and WIFE filed separate tax returns beginning with the tax year 2008. Prior to the tax year 2008, the parties filed joint Federal, State and/or local income tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. v, 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action. However, the parties acknowledge that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WI Thomas M. Clark nk B. Costopoulos TRENT TYSON ee,4 /-?? ? CATHY Troll FILLD- ) 1 i. !7 L 09 "E ,,, ? ? -- 2 t9! ? ? 1 4- TRENT TYSON, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-1016 CATHY TYSON, CIVIL ACTION - AT LAW Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 13, 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 12-- In 9 Date Trent Tyson Plaintiff HLED-fl rICE OF THE PROTHON TARP 1009 JUN -4 FM 2.4 5 Et t ti vU G"(DUNTY PENNMVANIA. TRENT TYSON, Plaintiff vs. CATHY TYSON, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1016 CIVIL ACTION - AT LAW DIVORCE 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. 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Da e iit Tyson Plaintiff RLEID-fit ICE OF THE PPt?THONK)TARY 1009 JUN - 4 PM 2: 4 5 CUyv QTY PENWtVANtA TRENT TYSON, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-1016 CATHY TYSON, CIVIL ACTION - AT LAW Defendant DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was personally served with the Complaint on February 17, 2008, said Return of Service was filed with this Honorable Court on February 28, 2008. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: June 2, 2009 ; By Defendant: May 28, 2009. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated May 29, 2009, and filed with this Honorable Court on June 2. 2009. •./' .1% Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 4, 2009; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 2. 2009. Respectfully submitted, By: Dated: __&8 Loi COLGAN MARZZACCO LLC Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 F•M. -_" OF THE PR,771 HiON! ?TARY 2009 JON 10 Ph 1: 2 8 CUMB ' f i `f TRENT TYSON, V. CATHY TYSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1016 DIVORCE DECREE AND NOW, z?of , it is ordered and decreed that TRENT TYSON, , plaintiff, and CATHY TYSON, , 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 t6this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms and provisions of the Marital Settlement Agreement signed by the parties and dated May 29, 2009 are hereby incorporated but not merged in: the Decree of Divorce and remain bind upon the parties. By the Court, i -ifs ? o? ?'?- ?? ? ? ? G? ?. _.?, ?. ?a?''?Y ? ? e 1" ?, y ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNCVT .V ANT s _ rew?" / Sow, Plaintiff Vs U-2 Defendant File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decre in Divorce dated l6 09 hereby elects to resume the prior surname of 7G`? S• L./ f , and gives this written notice avowing his / her intention pursuant t e rovisio of ?4 P.S. 704. Date: Z? Q Signs o name be• ed COMMONWE TH OF PENNSYLVANIA ) COUNTY OF ?l1?8r1a1? On the Lei- day of 5j k j , 200_1,t before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand here o set my hand and official seal. COMMONWLALTFi OF PENNSYLVANIA NOTARIAL SEAL CHRISTOPHER A. NOBLE, Notary Public Notary Public City of Harrisburg, Dauphin County My Commission Expires Jan. 17, 2010 r ,r LED 1 '..z :fir THE P-'? NOTARY 2009 JUL 27 AM 11:4 9 CUM :, f:,+;i STY PET- NNS'AYANA epfh 00 A;SySy