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HomeMy WebLinkAbout10-1762TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 FILED-X01-FiCE THE P!' ? i-;ONOTARY 2010 PAIR I 1 N1 3:21 P r 1 PHILLIP LOY, § Plaintiff § V. § CAROLINE LOY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Io -17(va &%Vi t-Ferw CIVIL ACTION - 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 will proceed without you and a decree in divorce or annulment may 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 ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 3q 1, 50 Q b A'rtf 717-249-3166 zO a4o4 R, a38$l?f ???? TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § § NO. CAROLINE LOY, § Defendant § CIVIL ACTION - DIVORCE AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se la avisa que si no defiende, el caso puede proceder sin usted y decreto de divorcio o anulmiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantas para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en First Floor, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE ORNO PUEDE PAGAR UN ABOGADO, VAYA O LLAME ALA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 PHILLIP LOY, § Plaintiff § V. § CAROLINE LOY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /D_ /-7 6-Z c,'vJl CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3341(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Phillip Loy, by and through his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Phillip Loy, an adult individual currently residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Caroline Loy, an adult individual currently residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 20, 1986 in Bethlehem, Pennsylvania. Plaintiff and Defendant have lived separate and apart since February 4, 2008, and continue to live separate and apart as of the date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety (90) days from the date of the filing of this Complaint, consent to this divorce. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff is not a member of the Armed Forces of the United States of America or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff prays that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(A) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 11. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 12. Plaintiff requests that this Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that this Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, By: Z" 4, /2s ?c Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. 3 Date Philp Loy, Pl ntiff Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 ttanner@tanner-law. com ,~ fiiL~G t ; = `~~, ` ~~?c ~~, ' ° ~ y ~..~:q ZOID J~'~ - ! F~ 12~ ! CUI~~~~ ~::; ., : . .rl~~J7Y ,.~ PHILLIP LOY, § Plaintiff § v. § CAROLINE LOY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1762 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 11, 2010. 2. The marriage of the 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 Divorce. 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. Date: ~`" ~ ~ ~~ hillip Loy, laintiff Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717)731-8114 ttanner@tanner-law. com t-~CE~ ..,.~ ~~ "FT~ a,. ~. I~ ~. ~P~L rJ^~r r r L :~?.''~Y 1010JJL ~1 F~12: l~ ~~~5i 1 \ r ~~ t ~ t.. 4~`.a\l ~E~!'~t~.4 ~fi PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. 10-1762 CIVIL TERM CAROLINE LOY, § CIVIL ACTION - IN DIVORCE Defendant § WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 L) 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 made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: C3 `" ~~ ~~ v Phillip L y, Plaintiff TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 t`,_LrEDE -tl i HOC (" PROTHONOTAR'' 7.011 UG -3 AM13:30 '"UMBERLAND COUNTY PENNSYLVANIA PHILLIP LOY, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 10-1762 CIVIL TERM CAROLINE LOY, § CIVIL ACTION - IN DIVORCE Defendant § NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on February 4, 2008 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 7-22-11 hillip Loy q -t tit C1 PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner § CUMBERLAND COUNTY, PENNSYLVANIA V. § § NO. 10-1762 CIVIL TERM CAROLINE LOY, § Defendant/Respondent § CIVIL ACTION - IN DIVORCE ORDER APPOINTING MASTER AND NOW, 2011,a? Esquire is appointed master with respect to the following claims: Divorce Distribution of Property BY THE COURT: .c 9,sG. MOVING PARTY ?,pie-s Name: Phillip Loy, Defendant 10 ? Attorney's Name: Tabetha A. Tanner, Esquire NON-MOVING PARTY Name: Caroline Loy, Plaintiff, Pro Se Attorney's Address: 3507 Market Street, #303 Camp Hill, PA 17011 Attorney's Phone #: (717) 731-8114 Defendant's Address: 120 Bosler Ave Lemoyne, PA 17043 Attorney's E-Mail: ttannern tanner-law.com FILED-OFFICE OF i I'F PiROTHCNOT'ARY TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 its 11 N-Y - I PIS 2: 2 3 CUM6E- ;LA,140 COU I•d1Y PENNSYLVANIA PHILLIP LOY, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 10-1762 CIVIL TERM CAROLINE LOY, § CIVIL ACTION - IN DIVORCE Defendant § PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: Date of Separation: Divorce Complaint Filing Date: September 20, 1986 February 4, 2008 March 11, 2010 I. ASSETS A. Marital Property Description Value Date of Is any portion Lien Valuation non-marital 1. Real Property Marital Residence $75,000 120 Bosler Ave Lemoyne, PA 17043 Estimation by No $29,448 Plaintiff Page 1 of 6 Description Value Date of Is any portion Lien Valuation non-marital 2. Motor Vehicles N/A 3. Stocks, bonds, securities $118.44 10/31/2011 N/A 4 shares PPL 4. Certificates of Deposit. None N/A N/A 5. Checking accounts, cash. DOS balances. a) PSECU checking Account No N/A 6. Savings accounts, money market an d savings certificates. a) PSECU Savings Account No N/A 7. Contents of safe deposit boxes. None. 8. Trusts. None. 9. Life Insurance Policies a) No N/A b) No N/A 10. Annuities. None. N/A N/A 11. Gifts. None. N/A N/A 12. Inheritances. None. N/A N/A 13. Patents, copyrights, None. N/A N/A Page 2 of 6 inventions, royalties. 14. Personal Property outside home. 15. Business. 16. Employment termination Benefits IT Profit sharing plans. 18. Pension plans $56,583 (SERS - Defined Benefit) 19. Retirement Plans 20. Disability Payments. 21. Litigation Claims. 22. Military/VA benefits. 23. Education benefits. 24. Debts due from third parties. None. N/A None. N/A None. N/A None. N/A 12/31/2007 Post-separation Value None. N/A None. N/A None. N/A None. N/A None. N/A None 25. Household Furnishings and Personalty. TBD 26. Other. None. B. Non-marital Property of Wife 1. None. C. Non-marital Property of Husband N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Page 3 of 6 I . Post-separation value of pension II EXPERT WITNESSES N/A Husband reserves the right to supplement this response. Husband also reserves the right to call an appraiser regarding the value of the parties' retirement accounts should it be deemed necessary. III. SUMMARY OF TESTIMONY OF NON-PARTY WITNESSES None. Husband reserves the right to supplement this response and provide reasonable notice in advance of trial. IV. EXHIBITS Exhibits supporting assets/debts as indicated on this Pre-Trial Statement. Husband reserves the right to supplement this response. Husband also reserves the right to call an appraiser regarding the value of the parties' retirement accounts should it be deemed necessary. V. NET INCOME A. Plaintiff/Husband - Husband is employed by PHEAA and he works part time at Giant. His net income from PHEAA is $862.00 bi-weekly. He work hours vary at Giant and his average net income from his part time work is $540.00 per month. B. Defendant/Wife - To be provided by Wife. VI. EXPENSES A. Plaintiff/Husband Please see Expense Statement previously filed in this matter, a Page 4 of 6 copy of which is attached hereto. VII. PENSIONS/RETIREMENT A. Plaintiff/Husband - Husband maintains a retirement benefit in the nature of a Retirement Account through his employer. Such benefit has been referenced under Marital Assets. B. Defendant/Wife - N/A VIII. COUNSEL FEES A. Plaintiff/Wife - Wife has made a claim for counsel fees. IX. PERSONAL PROPERTY DISPUTE A. Plaintiff believes that the parties will be able to agree on the distribution of personal property. X. DEBTS A. Plaintiff/Wife and Defendant/Husband- Creditor Debtor Description 1. Wells Fargo Husband and Wife Mortgage balance of $29,448.24 As of 9-19-2011 XI. INDIGNITIES A. None alleged. Page 5 of 6 XII. PROPOSED RESOLUTION Plaintiff/Husband - Wife retains all equity in the marital residence. Husband retains his PSERS pension. Husband retains the PPL stock. Wife sold her 2003 Chevy Astron in 2010 for $4,500. Husband's car was totaled in 2010. He received $3,500 and gave $500 to Wife. Husband proposes not distribution from these proceeds, but simply assign the pension and the marital residence. Husband proposes that Wife's claim for counsel fees be denied. Respectfully submitted, Date: By: - ? CUIl/I?it Tabetha A. Tanner, Esquire Attorney I.D. #91979 TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Lemoyne, PA 17043 Telephone (717) 731-8114 Page 6 of 6 TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 10-1762 CIVIL TERM CAROLINE LOY, § CIVIL ACTION - IN DIVORCE Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Plaintiff's Pre-Trial Statement filed in the above-captioned matter upon the Defendant's attorney, Benjamin Yoffee, by first class and certified mail, restricted delivery, return receipt requested, addressed as follows: Benjamin Yoffee, Esquire P.O. Box 605 New Bloomfield PA 17068 Respectfully submitted, Date : November 1, 2011 Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 PHILLIP LOY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. IN DIVORCE CAROLINE LOY, Defendant NO. 10-1762 CIVIL TERM C m M XT W - ?, RULE TO SHOW CAUSE r ORDER < AND NOW this '7?40 day of -4V - C? upon consideration of the foregoing foregoing Petition, it is hereby ordered that: eM.otw?a. Loci 1. A Rule is issued upon the respondr t to show cause why the petitioner is not entitled to the ??relli?ie??f requested. 2. T,b?°? gshrall file an answer to the Petition within twenty days; 3. A Hearing or Argument shall be scheduled at the discretion of the Court; and 4. Notice of the entry of this Order shall be provided immediately to all parties by the petitioner. BY J. cc: Benjamin Yoffee, Esquire ? Tabetha Tanner, Esquire >/Caroline Loy, Defendant Thomas A. Placey Common Pleas Judge g/1 C PHILLIP LOY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA V. CIVIL ACTION - LAW CAROLINE LOY, Defendant NO. 10-1762 CIVIL IN DIVORCE ER .1 1 AND NOW, this 7i?? of , 2012, upon consideration 1khJJ of the annexed motion for Rule Absolute it is hereby ORDERED and DECREED that the Petition to Withdraw as Counsel is granted and confirmed as Absolute, wherefore, Benjamin Yoffee, Esquire is permitted to withdraw from this matter. The Cumberland County Prothonotary is directed to remove counsel from attorney of record in this matter. BY THE CO cc: Benjamin Yoffee, Esquire Law Office of Benjamin R. Yoffee 15 East Main Street P.O. Box 605 New Bloomfield, PA 17068 Former Counsel of Defendant ? Caroline Loy 120 Bosler Avenue Liverpool, PA 17043 Defendant ,/Tabetha Tanner, Esquire 3507 Market Street Suite 303 Camp Hill, PA 17011 Thom Common ?. Pladey eas Judge C 1 r--? M C-0 N) . ?3Y a eop-, es Ina. led 31av-1/7 Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 (717) 731-8114 ttanner@tanner-law.com PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYI,YANjA § == V. § NO. 10-1762 CIVIL TERM r i' = -'- § -- CAROLINE LOY, § CIVIL ACTION - IN DIVORCE: N3 Defendant - AFFIDAVIT OF CONSENT M? 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 11, 2010. 2. The marriage of the 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 Divorce. 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 unworn falsification to authorities. Date: 2-1 -12, Caroline Loy, De dant Tanner Law Offices, LLC rv ' 3507 Market Street, Suite 303 -? : -- -' Camp Hill, PA 1701 1- x., (717) 731-8114 ttanner@tanner-law.com PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 10-1762 CIVIL TERM CAROLINE LOY, § CIVIL ACTION - IN DIVORCE Defendant § WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: / 2? t Caroline Loy, Defe d t PHILLIP LOY, Plaintiff V. CAROLINE LOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1762 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this alAt- day of 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 21, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. By the Court, cc:i Tabetha A. Tanner Attorney for Plaintiff t Caroline Loy Pro se Kevin j4. Hess, P.J. 77- r N t In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF PHILLIP LOY, § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff § § V. § CIVIL ACTION - LAW S 0 CAROLINE LOY, § NO. 10-1762 CIVIL TERM -? Defendant § IN DIVORCE MARITAL SETTLEMENT AGREEMENT ^= This Agreement, made and entered into this d) s? day of AS1 , 2012, between PHILLIP LOY, residing at 315 9' Street, New Cumberland, Cumberland County, Pennsylvania 17070, (hereinafter referred to as "Husband,", and collectively with "Wife" as "the parties") and CAROLINE LOY, residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, (hereinafter referred to as "Wife", and collectively with "Husband" as "the parties"). WITNESSETH: WHEREAS, the parties were married on September 20, 1986, and remain married; and WHEREAS, presently irreconcilable differences having arisen between the parties, as a result of which they been living separate and apart since February 4, 2008 and intend to continue living separate and apart; and WHEREAS, 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 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 Page 1 of 13 -6 1 maintenance; and the settling of any and all claims and possible claims by either party against the estate of the other party; and WHEREAS, the parties have disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and income; and WHEREAS, Husband having been represented by the law firm of Tanner Law Offices, LLC with offices located in Camp Hill, Pennsylvania, and Wife having appeared in this action pro se. NOW THEREFORE, in consideration of the mutual promises, covenants, agreements and terms herein contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, the parties hereto intending to be legally bound hereby covenant and agree as follows: ARTICLE I SPOUSAL SUPPORT AND MAINTENANCE 1. WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in 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 and future, for alimony, alimony pendente lite or for any provisions for support and maintenance, except as set forth herein. Page 2 of 13 2. INSURANCE. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, automobile, disability, homeowner's, etc., and neither shall have any obligation to pay any of the other's unreimbursed, uncovered health-related expenses. ARTICLE II EQUITABLE DISTRIBUTION 3. MARITAL HOME. The parties acknowledge that during the marriage, they were vested with title, as tenants by the entirety, to premises located at 120 Bosler Avenue, Lemoyne, Pennsylvania 17043 (hereinafter refereed to as the "marital residence"). Wife shall retain individual possession of the marital residence. Within ten (10) days of the execution of this Agreement, Husband shall sign a quit-claim deed transferring all right, title and interest to the marital home to Wife. Wife shall, within ninety (90) days from the receipt of ten thousand dollars ($10,000) from Husband as described in Paragraph 7 herein, re-finance the home in her individual name to remove Husband's name from the mortgage and all liability associated with the marital residence. Wife shall be solely responsible for all maintenance, liability, taxes, and insurance associated with the marital residence and shall indemnify and Page 3 of 13 hold husband harmless with regard to all costs and liabilities associated with the marital residence. Should Wife be unable to re-finance the marital residence in her own name within ninety (90) days of receipt of the ten thousand dollars ($10,000), Wife shall immediately cooperate in listing the house for sale and shall receive all profits arising therefrom. 4. AUTOMOBILES. The parties acknowledge that during the marriage, the parties owned a 2003 Chevy Astro Van and a 2003 Ford Focus. The parties acknowledge (? Pj that Wife sold the 2003 Chevy Astro Van in 2010 and received (I Yrom the sale thereof. Wife retained these proceeds and purchased a new vehicle in her individual name. Husband hereby waives all of his right, title and interest in and to the proceeds from the sale of the 2003 Chevy Astro Van and to Wife's newly titled vehicle. The parties acknowledge that the 2003 Ford Focus was totaled in a car accident in 2010. Husband received $3,500 from the insurance company and gave $500 to Wife. Husband purchased a new vehicle in his individual name with said proceeds. Wife agrees to convey all of her right, title and interest in and to the proceeds from the insurance distribution of proceeds from the 2003 Ford Focus and to Husband's newly titled vehicle. Husband waives any right, title and interest to the $500 provided to Wife. Page 4 of 13 The parties understand and acknowledge that each shall continue to be individually responsible for any and all obligations with respect to their respective automobiles including, without limitation, costs of maintenance and repairs, license, registration, insurance and any miscellaneous charges in connection therewith. 5. BANK AND FINANCIAL ACCOUNTS. Husband and Wife acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and each hereby waives any interest in, or claim to, any funds held by the other in any accounts. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, checking, savings, certificates of deposit, money markets and financial investment accounts of whatever kind and nature, and neither shall make any claim against the other's property now or in the future. 6. RETIREMENT PLANS, 401(k)s, IRAs and DEFERRED SAVINGS PLANS. The parties acknowledge that Husband, upon retirement, will be entitled to receive a pension distribution from the State Employees' Retirement System. Upon his retirement, Husband shall provide to Wife, the lump sum of Twenty Thousand Dollars ($20,000) as full and final satisfaction of Wife's marital interest in Husband's retirement account. Except for receipt of $20,000 upon Husband's retirement, Wife Page 5 of 13 hereby waives, releases and relinquishes any and all right, title and interest to Husband's SERS benefit, or any other such retirement benefit of like kind and character. Wife shall be responsible for obtaining and paying for a Qualified Domestic Relations Order in order to effectuate the transfer of the Twenty Thousand Dollars ($20,000) from Husband's SERS pension. 7. STOCKS AND BONDS. The parties acknowledge and that Husband owns four (4) shares of PPL stock , valued at approximately One Hundred Dollars ($100.00). Husband shall retain possession and ownership of said stock. Wife hereby waives, release and relinquish any and all right, title and interest to said stock. 8. FEDERAL INCOME TAX RETURNS. Since the parties' date of separation, they have jointly filed their 2007, 2008 and 2009 Federal Income Tax Returns. The parties acknowledge that Wife received the joint tax refund for the 2007 return in the amount of $5,320.00; the 2008 refund of $9,338; and the 2009 refund of $5,765 and did not provide any portion of these refunds to Husband. Husband hereby forever waives, releases and relinquishes any and all right, title and interest to said income tax refunds. The parties filed individual income tax returns for tax year 2010 and 2011 and shall continue to do so for all future income tax returns. Page 6 of 13 9. PERSONAL AFFECTS. Except as otherwise provided herein, 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. Each parry 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, with the exception of those items listed below, and which shall become the sole and separate property of the other from the date of execution hereof. Within five (5) days of execution of this Agreement, Wife shall provide to Husband the following items, which shall thereafter become Husband's sole and separate property: 1. The bike carrier for the car; V n?10 2. The dining room table and chair; Cl? 3. -4I14 ditting ream ph, ?ej T 4. 50% of all family photos and videos;(. ujk ? t1 4a ll Aosbo?d ors or ??P?Ot?P %*P4frnber "/i anl-) ? c 5. All of the work tools; and e 40 B 3V I -Poor ,)/ Page 7 of 13 10. ASSETS ACQUIRED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT. The parties agree that any asset of whatever kind and nature acquired by any possible means and titled in their individual name or in the name of another shall forever hereafter remain their separate property and shall not be subject to distribution, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE III MARITAL DEBT 11. MARITAL DEBT. Each party shall maintain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that, other than the mortgage debt addressed in Paragraph3 herein, they are aware of no outstanding debt in the joint names of both parties. To the extent that any such joint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. The parry assuming such debt shall indemnify and hold the other party harmless against any liability arising therefrom. 12. CREDIT ACCOUNTS. To the extent that either party may presently have in their possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other, each agrees to immediately refrain from using such Page 8 of 13 cards at any time now or in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. ARTICLE IV INDEPENDENT LEGAL REPRESENTATION 13. INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that each has had the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Husband has been represented by Tanner Law Offices, LLC, with offices in Camp Hill, Pennsylvania and Wife, has appeared in this action pro se. The parties represent and acknowledge that each understands all of the legal and practical effects of this Agreement, and with this understanding, each signs voluntarily, of their own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. ARTICLE V MISCELLANEOUS PROVISIONS 14. NO MOLESTATION OR INTERFERENCE. The parties agree that neither will molest, malign, disturb, or interfere with the other or the other's relatives in any manner whatsoever during the period of their separation. Each shall be free from Page 9 of 13 interference, direct or indirect, by the other, and be entitled to live their life as if single and unmarried to the other. 15. NO BAR TO DIVORCE. This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense which 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 irreconcilable differences between the parties. 16. 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. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) 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 are accepted by each party as full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Page 10 of 13 Should a decree, judgment or order of divorce be obtained by either or 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; and that 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. 17. 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. 18. ENTIRE UNDERSTANDING. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, Page 11 of 13 I covenants or understandings between the parties other than those expressly set forth herein. 19. MODIFICATION OF THIS AGREEMENT. The 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. 20. BREACH. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 21. APPLICABLE LAW. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. 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. Page 12 of 13 IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year written below their respective names. ), t - Phip Loy, H' sband -21-1 2,, Date: L? 1a niluaA, Signature of Witness Printed Name of Witness Caroline Loy, Wife Date: F-21- 12. Signature of Witness u ra f . -44 g hA( Printed Name of Witness Page 13 of 13 I 2012 SEP --7 PM I : 27 '_'MSE.RLAND COUNTY PENNSYLVANIA PHILLIP LOY, § Plaintiff § V. § CAROLINE LOY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1762 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Complaint, filed in the above-captioned matter, upon the Defendant, via (1) certified mail, restricted delivery, return receipt requested, sent March 15, 2010, as well as (2) first class U.S. mail to the following person at the following address: Ms. Caroline Loy 120 Bosler Avenue Lemoyne, PA 17043 Defendant refused to accept the certified mail and the first class U.S. mail was delivered on March 16, 2010. The first class U.S. mail was not returned to my office within fifteen (15) days or at any time thereafter. Thus Defendant was served on March 31, 2010 pursuant to Pa.R.CP. 1930.4(c)(1) Respectfully submitted, Date: q l(v Ila Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff I TCPC 4 Page 1 of 1 UNITED STATES P77J]i' SEji'VlCEHome I Help I Sign In Track __&_ Confirm FAQS Trek & Confirm Search Results Label/Receipt Number: 0308 0730 0001 3796 1055 Class: Priority Mail Service(s): Delivery Confirmation'" Status: Delivered Your item was delivered at 3:12 PM on March 16, 2010 in LEMOYNE, PA 17043. Tracts & Confirm Enter Label/Receipt Number. Go.). Detailed Result's: • Delivered, March 16, 2010, 3:12 pm, LEMOYNE, PA 17043 • Processed through Sort Facility, March 16, 2010, 12:57 am, HARRISBURG, PA 17107 • Processed through Sort Facility, March 15, 2010, 9:49 pm, HARRISBURG, PA 17107 • Acceptance, March 15, 2010, 5:26 pm, CAMP HILL, PA 17011 Nu- fig,'Ttloil 0i3tfons Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go > M"3 C'w,lorru r Servic4F oan", Gov't Services C I("ers Copfyrighv 2010 LISPS, All Rights Reserved. Nc; FE=AR Act EE.0 Data MI U.S. Postal Service Delivery Confiiimiiation Receipt ur Postage and Delivery Confirmation fees must be paid before mailing. C3 Article W To: 00 be completed by metier) Lo [7 r-i r .? D #14- A" 04-* L-tmoyc,rw?\ 170`13 W ? POSTAL CUSTOMER: Cc ° Keep this receipt For Inquiries: c, ° Access internet web site at cc ° www.usps.com M or call 1-800-222-1811 s` p ° CHICK AL USE OHL14 7 lty Mali-service C3 m ?Flrowlie"Mairparcel []Facings Services parcel PS Form 152, MAy 2002 (See ) Plivacy policy Terms_of Use Business Cuslorrier_Galeway http://t:rkcnfrm I.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 4/5/2010 PHILLIP LOY ':_ ?- u - a E L 2912 SEP - 7 PM 1; 2 .•1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ? I MBERLAND COVATY r ENNSYLVANIA CIVIL DIVISION CAROLINE LOY NO. 10-1762 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: CIVIL TERM Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce Irretrievable breakdown under § (3301(c))vm& (Strike out inapplicable section.) 2. Date and manner of service of the complaint: First class mail not returned within 15 days pursuant to Pa.R.C.P. 1930.4(c)(1) 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff July 22, 2011 ; by defendant August 21, 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None. All claims resolved by the August 21, 2012 Marital Settlement Agreement, to be incorporated, but not merged with the Divorce Decree. 5. 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 plaintiffs Waiver of Notice was filed with the Prothonotary: August 3, 2011 Date defendant's Waiver of Notice was filed with the Prothonotary: August 21, 2012 Attorney for Plaintiff/Defendant In Re: The marriage of § IN THE COURT OF COMMON PLEAS OFD PHILLIP LOY, § CUMBERLAND COUNTY, PENNS&LVAN(� Plaintiff § A- 7-1 § V. § CIVIL ACTION -LAW --4 c7a § 3> CD 2n- CAROLINE LOY, § NO. 10-1762 CIVIL TERM F-3 CD Defendant § IN DIVORCE PETITION TO ENFORCE TERMS OF MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Petitioner/Plaintiff,Phillip Loy,by and through his attorney,Tanner Law Offices, LLC, and hereby petitions this Court to enforce the terms of the parties' Marital Settlement Agreement dated August 21, 2012 and in support thereof, Petitioner, respectfully represents as follows: I Petitioner is Phillip Loy, an adult individual currently residing at 315 9' Street,New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Caroline Loy, an adult individual currently residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 3. The parties hereto are formerly husband and wife,having been married on September 20, 1986. 4. On or about August 21, 2012, the parties executed a Marital. Settlement Agreement, the terms of which were incorporated,but not merged into the final Divorce Decree. A copy of the parties' Marital Settlement Agreement is attached hereto and incorporated herein as Exhibit "A". Page 1 of 9 5. Pursuant to Article 111, paragraph 3 of this Agreement, Wife was required to "re- finance the home in her individual name to remove Husband's name from the mortgage and all liability associated with the marital residence. Wife shall be solely responsible for all maintenance, liability, taxes, and insurance associated with the marital residence and shall indemnify and hold Husband harmless with regard to all costs and liabilities associated with the marital residence." 6. Pursuant to Article 111,paragraph 3 of this Agreement, "should wife be unable to re- finance the marital residence in her own name within ninety(90) days ..., Wife shall immediately cooperate in listing the house for sale ..." 7. In violation of the terms of this Agreement, Wife has not made a mortgage payment since approximately October 2012. 8. In violation of the terms of this Agreement,Wife has not listed the property for sale. 9. Petitioner has recently learned that the mortgage company, Wells Fargo Bank, has now initiated foreclosure proceedings due to Respondent Wife's failure to pay the mortgage. 10. Due to Respondent Wife's failure to abide by the terms of the agreement in either re- financing the house or selling the house, Petitioner Husband's name is still on the mortgage. Page 2 of 9 11. As a result of Petitioner Husband's name remaining on the mortgage,the foreclosure action is filed against Petitioner as a co-Defendant. 12. Petitioner's credit is being hanned as a result of Respondent's breach of the terms of the August 21, 2012 Marital Settlement Agreement. 13. Pursuant to paragraph 20, of said Agreement,"In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. If the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek other and additional remedies as may be available to him or her." WHEREFORE, Petitioner respectfully requests that this Honorable Court: a. Find the Defendant, Caroline Loy, has breached the terms of the parties' August 21, 2012 Marital Settlement Agreement, b. Order the Respondent to immediately list the house for sale; C. Order that Respondent to immediately pay the past due mortgage payments; d. Order any other relief that the court deems reasonable and just to remove Petitioner's obligation for the mortgage; and e. Award Petitioner his attorneys' fees and costs incurred in the filing of this Petition to Enforce Terms of Marital Settlement Agreement. Page 3 of 9 Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 1704311 (717) 731-8114 Page 4 of 9 VERIFICATION I verify that the statements made in this Petition to Enforce Terms of Marital Settlement Agreement are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ✓ 3 Ph/1p Loy, PetA loner Page 5 of 9 In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF PHILLIP LOY, § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff § V. § CIVIL ACTION - LAW CAROLINE LOY, § NO. 10-1762 CIVIL TERM Defendant § IN DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Petition to Enforce Terms of Marital Settlement Agreement, filed in the above-captioned matter upon the following person(s),by first- class U.S. mail, postage prepaid addressed as follows: Ms. Caroline Loy 129 Bosler Avenue Lemoyne, PA 17043 Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Page 6 of 9 In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF PHILLIP LOY, § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff § V. § CIVIL ACTION -LAW CAROLINE LOY, § NO. 10-1762 CIVIL TERM Defendant § IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this d ) -5� day of Aipi 2012, between PHILLIP LOY, residing at 315 9' Street, New Cumberland, Cumberland County, Pennsylvania 17070, (hereinafter referred to as "Husband,", and collectively with "Wife" as "the parties") and CAROLINE LOY, residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, (hereinafter referred to as "Wife", and collectively with "Husband" as "the parties"). WITNESSETH: WHEREAS, the parties were married on September 20, 1986, and remain married; and WHEREAS, presently irreconcilable differences having arisen between the parties, as a result of which they been living separate and apart since February 4, 2008 and intend to continue living separate and apart; and WHEREAS, 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 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 Page I of 13 I Exhibit "V' maintenance; and the settling of any and all claims and possible claims by either party against the estate of the other party; and WHEREAS,the parties have disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and income; and WHEREAS,Husband having been represented by the law finn of Tanner Law Offices,LLC with offices located in Camp Hill, Pennsylvania, and Wife having appeared in this action pro se. NOW THEREFORE, in consideration of the mutual promises, covenants, agreements and teens herein contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, the parties hereto intending to be legally bound hereby covenant and agree as follows: ARTICLE I SPOUSAL SUPPORT AND MAINTENANCE l. WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in 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 and future, for alimony, alimony pendente lite or for any provisions for support and maintenance, except as set forth herein. Page 2 of 13 2. INSURANCE. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, automobile, disability, homeowner's, etc., and neither shall have any obligation to pay any of the other's unreimbursed,uncovered health-related expenses. ARTICLE II EQUITABLE DISTRIBUTION 3. MARITAL HOME. The parties acknowledge that during the marriage, they were vested with title, as tenants by the entirety, to premises located at 120 Bosler Avenue, Lemoyne, Pennsylvania 17043 (hereinafter refereed to as the "marital residence"). Wife shall retain individual possession of the marital residence. Within ten (10) days of the execution of this Agreement, Husband shall sign a quit-claim deed transferring all right, title and interest to the marital home to Wife. Wife shall, within ninety (90) days from the receipt of ten thousand dollars ($10,000) from Husband as described in Paragraph 7 herein, re-finance the home in her individual naive to remove Husband's name from the mortgage and all liability associated with the marital residence. Wife shall be solely responsible for all maintenance, liability, taxes, and insurance associated with the marital residence and shall indemnify and Page 3 of 13 hold husband harmless with regard to all costs and liabilities associated with the marital residence. Should Wife be unable to re-finance the marital residence in her own name within ninety (90) days of receipt of the ten thousand dollars ($10,000), Wife shall inunediately cooperate in listing the house for sale and shall receive all profits arising therefrom. 4. AUTOMOBILES. The parties acknowledge that during the marriage, the parties owned a 2003 Chevy Astro Van and a 2003 Ford Focus. The parties�1ackno wleoge that Wife sold the 2003 Chevy Astro Van in 2010 and received 06 Prom�he sale thereof. Wife retained these proceeds and purchased a new vehicle in her individual naive. Husband hereby waives all of his right,title and interest in and to the proceeds from the sale of the 2003 Chevy Astro Van and to Wife's newly titled vehicle. The parties acknowledge that the 2003 Ford Focus was totaled in a car accident in 2010. Husband received $3,500 from the insurance company and gave $500 to Wife. Husband purchased anew vehicle in his individual name with said proceeds. Wife agrees to convey all of her right, title and interest in and to the proceeds from the insurance distribution of proceeds from the 2003 Ford Focus and to Husband's newly titled vehicle. Husband waives any right,title and interest to the$500 provided to Wife. Page 4 of 13 The parties understand and acknowledge that each shall continue to be individually responsible for any and all obligations with respect to their respective automobiles including, without limitation, costs of maintenance and repairs,license, registration, insurance and any miscellaneous charges in connection therewith. 5. BANK AND FINANCIAL ACCOUNTS. Husband and Wife acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and each hereby waives any interest in, or claim to, any funds held by the other in any accounts. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, checking, savings, certificates of deposit, money markets and financial investment accounts of whatever kind and nature, and neither shall make any claim against the other's property now or in the future. 6. RETIREMENT PLANS, 401(k)s, IRAs and DEFERRED SAVINGS PLANS. The parties acknowledge that Husband, upon retirement, will be entitled to receive a pension distribution from the State Employees' Retirement System. Upon his retirement,Husband shall provide to Wife,the lump sum of Twenty Thousand Dollars ($20,000) as full and final satisfaction of Wife's marital interest in Husband's retirement account. Except for receipt of$20,000 upon Husband's retirement, Wife Page 5 of 13 hereby waives, releases and relinquishes any and all right, title and interest to Husband's SERS benefit, or any other such retirement benefit of like kind and character. Wife shall be responsible for obtaining and paying for a Qualified Domestic Relations Order in order to effectuate the transfer of the Twenty Thousand Dollars ($20,000) from Husband's SERS pension. 7. STOCKS AND BONDS. The parties acknowledge and that Husband owns four (4) shares of PPL stock , valued at approximately One Hundred Dollars ($100.00). Husband shall retain possession and ownership of said stock. Wife hereby waives, release and relinquish any and all right, title and interest to said stock. 8. FEDERAL INCOME TAX RETURNS. Since the parties' date of separation,they have jointly filed their 2007,2008 and 2009 Federal Income Tax Returns. The parties acknowledge that Wife received the joint tax refund for the 2007 return in the amount of$5,320.00; the 2008 refund of$9,338; and the 2009 refund of$5,765 and did not provide any portion of these refunds to Husband. Husband hereby forever waives, releases and relinquishes any and all right, title and interest to said income tax refunds. The parties filed individual income tax returns for tax year 2010 and 2011 and shall continue to do so for all future income tax returns. Page 6 of 13 9. PERSONAL AFFECTS. Except as otherwise provided herein, 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. Each party 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, with the exception of those items listed below, and which shall becoyne the sole and separate property of the other from the date of execution hereof. Within five (5) days of execution of this Agreement, Wife shall provide to Husband the following items, which shall thereafter become Husband's sole and separate property: 1. The bike carrier for the car; 2. The dining room table and chairs; L/ ---The diain g r—eatn ht teh; 4. 50% of all family photos and videos;L vi r�1 5hu�� hP p��'�'Al .A) 5. All of the work tools; and 6. CCo� )v Page 7 of 13 10, ASSETS ACQUIRED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT. The parties agree that any asset of whatever kind and nature acquired by any possible means and titled in their individual name or in the name of another shall forever hereafter remain their separate property and shall not be subject to distribution, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE III MARITAL DEBT MARITAL DEBT. Each party shall maintain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that, other than the mortgage debt addressed in Paragraph3 herein,they are aware of no outstanding debt in the joint names of both parties. To the extent that any such joint debt may exist,said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. The party assuming such debt shall indemnify and hold the other party han-nless against any liability arising therefrom. 12. CREDIT ACCOUNTS. To the extent that either party may presently have in their possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other,each agrees to immediately refrain from using such Page 8 of 13 cards at any time now or in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. ARTICLE IV INDEPENDENT LEGAL REPRESENTATION 13. INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that each has had the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Husband has been represented by Tanner Law Offices, LLC, with offices in Camp Hill, Pennsylvania and Wife,has appeared in this action pro se. The parties represent and acknowledge that each understands all of the legal and practical effects of this Agreement,and with this understanding, each signs voluntarily, of their own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. ARTICLE V MISCELLANEOUS PROVISIONS 14. NO MOLESTATION OR INTERFERENCE. The parties agree that neither will molest, malign, disturb, or interfere with the other or the other's relatives in any manner whatsoever during the period of their separation. Each shall be free from Page 9 of 13 interference, direct or indirect, by the other, and be entitled to live their life as if single and unmarried to the other, 15. NO BAR TO DIVORCE. This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense which 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 irreconcilable differences between the parties. 16. 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. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) 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 are accepted by each party as full and final settlement for all purposes whatsoever,as contemplated by the Pennsylvania Divorce Code. Page 10 of 13 Should a decree,judgment or order of divorce be obtained by either or 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; and that 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. 17. 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. 18. ENTIRE UNDERSTANDING. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, Page 11 of 13 covenants or understandings between the parties other than those expressly set forth herein. 19. MODIFICATION OF THIS AGREEMENT. The 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. 20. BREACH. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terns hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 21. APPLICABLE LAW. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in detennining the rights or obligations of the parties. Page 12 of 13 IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year written below their respective naives. Phi ip Loy, I1 sband Caroline Loy, Wife Date: `�'2- 1 j ?i Date: Signature of Witness Signature of Witness 11 r -�6� i1 C((-e w Printed Name of Witness Printed Naive of Witness Page 13 of 13 PHILLIP LOY, � Plaintiff (gelp V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2010-01762 CIVIL TERM CAROLINE LOY, Defendant IN DIVORCE IN RE: PETITION TO ENFORCE TERMS OF MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 16th day of May 2013, upon review of the Petition to Enforce Terms of Marital Settlement Agreement, a RULE is issued upon Defendant Caroline Loy to show cause, if any, why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Rule upon Defendant. Proof of service must be filed prior to the court entertaining a motion to make rule absolute. RULE RETURNABLE twenty (20) days from the date of service by Plaintiff. BY THE COURT, Thomas A. Placey P.J. Distribution: 7 _ �abetha A. Tanner, Esq. j Caroline Loy cn � nn ,_2 r3 c Xi;' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F!L E -0FI=t'(3 Sheriff 0 THEE PROTHONO'FA RY, Jody S Smith fi, t �fa�r C,� Chief Deputy 2013 JUN 28 AM 10. 17 Richard W Stewart CUMBERLAND COUINTY Solicitor _ OFTK-$4-RIFF PENNSYLVANIA Philip Loy Case Number vs. Caroline C. Loy 2010-1762 SHERIFF'S RETURN OF SERVICE 06/19/2013 07:09 PM- Deputy Tim Black, being duly sworn according to law, served the requested Court Order by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Caroline C. Loy at 120 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17043. TIM i-A K, DEPUTY SHERIFF COST: $46.54 SO ANSWERS, June 21, 2013 RbNW R ANDERSON, SHERIFF {ct countysuito Sheriff,Teleosoft,Inc. PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § �`1 l02 v. §NO. 2010-O7t 2 rri CAROLINE LOY, § CIVIL ACTION - IN DIVORCE Defendant § yrc_ PETITIONER'S PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Phillip Loy, by and through his attorney, Tanner Law Offices, LLC and moves this Honorable Court to grant his Petition to Enforce Terms of Marital Settlement Agreement, and in support thereof, presents the following: 1. On May 6, 2013, Petitioner filed a Petition To Enforce Terms of Marital Settlement Agreement (attached hereto as "Exhibit A"). 2. On May 16, 2013, in response to the Petition, this Honorable Court issued a Rule upon Defendant to show cause why Petitioner's relief should not be granted,returnable 20 days from the date of service on the Defendant(attached hereto as ("Exhibit B"). 3. On June 19, 2013, the Cumberland County Sheriff Deputy, Tim Black served Defendant with a copy of the Rule to Show Cause (Exhibit "C"). 4. More than twenty days has elapsed between the June 19, 2013 service of the Rule to Show Cause and the filing of this Petition to Make Rule Absolute and Defendant has not shown cause as to why the Petition to Enforce Terms of Marital Settlement Agreement should not be granted. WHEREFORE, Petitioner respectfully requests this Honorable Court grant the Petition to Enforce Terms of Marital Settlement Agreement and enter the proposed order attached hereto. Respectfully submitted, 4- Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner In Re: The marriage of § IN THE COURT OF COMMON PLF,,AS.9F ; PHILLIP LOY, § CUMBERLAND COUNTY, PEN1 L. NIE Plaintiff § rn Cnr 1 7i C.:) v. § CIVIL ACTION - LAW CAROLINE LOY, § NO. 10-1762 CIVIL TERM <"= Defendant § IN DIVORCE C { PETITION TO ENFORCE TERMS OF MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Petitioner/Plaintiff, Phillip Loy, by and through his attorney, Tanner Law Offices, LLC, and hereby petitions this Court to enforce the terms of the parties' Marital Settlement Agreement dated August 21, 2012 and in support thereof, Petitioner, respectfully represents as follows: 1. Petitioner is Phillip Loy, an adult individual currently residing at 315 9th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Caroline Loy, an adult individual currently residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 3. The parties hereto are formerly husband and wife,having been married on September 20, 1986. 4. On or about August 21, 2012, the parties executed a Marital Settlement Agreement, the terms of which were incorporated,but not merged into the final Divorce Decree. A copy of the parties' Marital Settlement Agreement is attached hereto and incorporated herein as Exhibit "A". Exhibit "A" 5. Pursuant to Article III, paragraph 3 of this Agreement, Wife was required to "re- finance the home in her individual name to remove Husband's name from the mortgage and all liability associated with the marital residence. Wife shall be solely responsible for all maintenance, liability, taxes, and insurance associated with the marital residence and shall indemnify and hold Husband harmless with regard to all costs and liabilities associated with the marital residence." 6. Pursuant to Article III, paragraph 3 of this Agreement, "should wife be unable to re- finance the marital residence in her own name within ninety(90) days ..., Wife shall immediately cooperate in listing the house for sale ..." 7. In violation of the terms of this Agreement, Wife has not made a mortgage payment since approximately October 2012. 8. In violation of the terms of this Agreement, Wife has not listed the property for sale. 9. Petitioner has recently learned that the mortgage company, Wells Fargo Bank, has now initiated foreclosure proceedings due to Respondent Wife's failure to pay the mortgage. 10. Due to Respondent Wife's failure to abide by the terms of the agreement in either re- financing the house or selling the house, Petitioner Husband's name is still on the mortgage. Page 2 of 9 11. As a result of Petitioner Husband's name remaining on the mortgage,the foreclosure action is filed against Petitioner as a co-Defendant. 12. Petitioner's credit is being harmed as a result of Respondent's breach of the terms of the August 21, 2012 Marital Settlement Agreement. 13. Pursuant to paragraph 20, of said Agreement, "In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. If the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek other and additional remedies as may be available to him or her." WHEREFORE, Petitioner respectfully requests that this Honorable Court: a. Find the Defendant, Caroline Loy, has breached the terms of the parties' August 21, 2012 Marital Settlement Agreement; b. Order the Respondent to immediately list the house for sale; c. Order that Respondent to immediately pay the past due mortgage payments; d. Order any other relief that the court deems reasonable and just to remove Petitioner's obligation for the mortgage; and e. Award Petitioner his attorneys' fees and costs incurred in the filing of this Petition to Enforce Terms of Marital Settlement Agreement. Page 3 of 9 Respectfully submitted, �h /41,4,— Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 1704311 (717) 731-8114 Page 4 of 9 VERIFICATION I verify that the statements made in this Petition to Enforce Terms of Marital Settlement Agreement are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3-/3 Phi ip Loy, Pe tioner Page 5 of 9 In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF PHILLIP LOY, § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff § v. § CIVIL ACTION - LAW CAROLINE LOY, § NO. 10-1762 CIVIL TERM Defendant § IN DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Petition to Enforce Terms of Marital Settlement Agreement, filed in the above-captioned matter upon the following person(s), by first- class U.S. mail, postage prepaid addressed as follows: Ms. Caroline Loy 129 Bosler Avenue Lemoyne, PA 17043 Respectfully submitted, 53I3 � � a 1 _ Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Page 6 of 9 In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF PHILLIP LOY, § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff § v. § CIVIL ACTION - LAW CAROLINE LOY, § NO. 10-1762 CIVIL TERM Defendant § IN DIVORCE MARITAL SETTLEMENT AGREEMENT A f This Agreement, made and entered into this a I day of kJ() 3f , 2012, between PHILLIP LOY, residing at 315 9th Street, New Cumberland, Cumberland County, Pennsylvania 17070, (hereinafter referred to as "Husband,", and collectively with "Wife" as "the parties") and CAROLINE LOY, residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, (hereinafter referred to as "Wife", and collectively with "Husband" as "the parties"). WITNESSETH: WHEREAS, the parties were married on September 20, 1986, and remain married; and WHEREAS, presently irreconcilable differences having arisen between the parties, as a result of which they been living separate and apart since February 4, 2008 and intend to continue living separate and apart; and WHEREAS, 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 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 Page 1 of 13 I'vhihit "A" maintenance; and the settling of any and all claims and possible claims by either party against the estate of the other party; and WHEREAS,the parties have disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and income; and WIIEREAS, Husband having been represented by the law firm of Tanner Law Offices, LLC with offices located in Camp Hill, Pennsylvania, and Wife having appeared in this action pro se. NOW THEREFORE, in consideration of the mutual promises, covenants, agreements and terms herein contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, the parties hereto intending to be legally bound hereby covenant and agree as follows: ARTICLE I SPOUSAL SUPPORT AND MAINTENANCE 1 . WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in 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 and future, for alimony, alimony pendente lite or for any provisions for support and maintenance, except as set forth herein. Page 2 of 13 2. INSURANCE. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, automobile, disability, homeowner's, etc., and neither shall have any obligation to pay any of the other's unreimbursed,uncovered health-related expenses. ARTICLE II EQUITABLE DISTRIBUTION 3. MARITAL HOME. The parties acknowledge that during the marriage, they were vested with title, as tenants by the entirety, to premises located at 120 Bosler Avenue, Lemoyne, Pennsylvania 17043 (hereinafter refereed to as the "marital residence"). Wife shall retain individual possession of the marital residence. Within ten (10) days of the execution of this Agreement, Husband shall sign a quit-claim deed transferring all right, title and interest to the marital home to Wife. Wife shall, within ninety (90) days from the receipt of ten thousand dollars ($10,000) from Husband as described in Paragraph 7 herein, re-finance the home in her individual name to remove Husband's name from the mortgage and all liability associated with the marital residence. Wife shall be solely responsible for all maintenance, liability, taxes, and insurance associated with the marital residence and shall indemnify and Page 3 of 13 hold husband harmless with regard to all costs and liabilities associated with the marital residence. Should Wife be unable to re-finance the marital residence in her own name within ninety (90) days of receipt of the ten thousand dollars ($10,000), Wife shall immediately cooperate in listing the house for sale and shall receive all profits arising therefrom. 4. AUTOMOBILES. The parties acknowledge that during the marriage, the parties owned a 2003 Chevy Astro Van and a 2003 Ford Focus. The parties acknowledge (1(/, that Wife sold the 2003 Chevy Astro Van in 2010 and received O00-from he sale thereof. Wife retained these proceeds and purchased a new vehicle in her individual name. Husband hereby waives all of his right,title and interest in and to the proceeds from the sale of the 2003 Chevy Astro Van and to Wife's newly titled vehicle. The parties acknowledge that the 2003 Ford Focus was totaled in a car accident in 2010. Husband received $3,500 from the insurance company and gave $500 to Wife. Husband purchased a new vehicle in his individual name with said proceeds. Wife agrees to convey all of her right, title and interest in and to the proceeds from the insurance distribution of proceeds from the 2003 Ford Focus and to Husband's newly titled vehicle. Husband waives any right,title and interest to the$500 provided to Wife. Page 4 of 13 The parties understand and acknowledge that each shall continue to be individually responsible for any and all obligations with respect to their respective automobiles including, without limitation, costs of maintenance and repairs, license, registration, insurance and any miscellaneous charges in connection therewith. 5. BANK AND FINANCIAL ACCOUNTS. Husband and Wife acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and each hereby waives any interest in, or claim to, any funds held by the other in any accounts. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, checking, savings, certificates of deposit, money markets and financial investment accounts of whatever kind and nature, and neither shall make any claim against the other's property now or in the future. 6. RETIREMENT PLANS, 401(k)s, IRAs and DEFERRED SAVINGS PLANS. The parties acknowledge that Husband, upon retirement, will be entitled to receive a pension distribution from the State Employees' Retirement System. Upon his retirement,Husband shall provide to Wife,the lump sum of Twenty Thousand Dollars ($20,000) as full and final satisfaction of Wife's marital interest in Husband's retirement account. Except for receipt of$20,000 upon Husband's retirement, Wife Page 5 of 13 • hereby waives, releases and relinquishes any and all right, title and interest to Husband's SERS benefit, or any other such retirement benefit of like kind and character. Wife shall be responsible for obtaining and paying for a Qualified Domestic Relations Order in order to effectuate the transfer of the Twenty Thousand Dollars ($20,000) from Husband's SERS pension. 7. STOCKS AND BONDS. The parties acknowledge and that Husband owns four (4) shares of PPL stock , valued at approximately One Hundred Dollars ($100.00). Husband shall retain possession and ownership of said stock. Wife hereby waives, release and relinquish any and all right, title and interest to said stock. 8. FEDERAL INCOME TAX RETURNS. Since the parties' date of separation, they have jointly filed their 2007,2008 and 2009 Federal Income Tax Returns. The parties acknowledge that Wife received the joint tax refund for the 2007 return in the amount of$5,320.00; the 2008 refund of$9,338; and the 2009 refund of$5,765 and did not provide any portion of these refunds to Husband. Husband hereby forever waives, releases and relinquishes any and all right, title and interest to said income tax refunds. The parties filed individual income tax returns for tax year 2010 and 2011 and shall continue to do so for all future income tax returns. Page 6 of 13 9. PERSONAL AFFECTS. Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Each party hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, with the exception of those items listed below, and which shall become the sole and separate property of the other from the date of execution hereof. Within five (5) days of execution of this Agreement, Wife shall provide to Husband the following items, which shall thereafter become Husband's sole and separate property: 1. The bike carrier for the car; 2. The dining room table and chair$; G(°,d ''1 ' ,t1,,\17- - Cy 4. 50% of all family photos and videos,L <1(1 a 1/ be �I�s1p��Rc� on C) b -(oce Sep 4er er 5. All of the work tools; and • • , _ , , c/a i,)`/ Page7of 13 10. ASSETS ACQUIRED SUBSEQUENT TO TIIE EXECUTION OF THIS AGREEMENT. The parties agree that any asset of whatever kind and nature acquired by any possible means and titled in their individual name or in the name of another shall forever hereafter remain their separate property and shall not be subject to distribution, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE III MARITAL DEBT 1 I. MARITAL DEBT. Each party shall maintain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that, other than the mortgage debt addressed in Paragraph3 herein, they are aware of no outstanding debt in the joint names of both parties. To the extent that any such joint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. The party assuming such debt shall indemnify and hold the other party harmless against any liability arising therefrom. 12. CREDIT ACCOUNTS. To the extent that either party may presently have in their possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other, each agrees to immediately refrain from using such Page 8 of 13 cards at any time now or in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. ARTICLE IV INDEPENDENT LEGAL REPRESENTATION 13. INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that each has had the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Husband has been represented by Tanner Law Offices, LLC, with offices in Camp Hill, Pennsylvania and Wife, has appeared in this action pro se. The parties represent and acknowledge that each understands all of the legal and practical effects of this Agreement,and with this understanding, each signs voluntarily, of their own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. ARTICLE V MISCELLANEOUS PROVISIONS 14. NO MOLESTATION OR INTERFERENCE. The parties agree that neither will molest, malign, disturb, or interfere with the other or the other's relatives in any manner whatsoever during the period of their separation. Each shall be free from Page9of 13 interference, direct or indirect, by the other, and be entitled to live their life as if single and unmarried to the other. 15. NO BAR TO DIVORCE. This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense which 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 irreconcilable differences between the parties. 16. 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. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) 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 are accepted by each party as full and final settlement for all purposes whatsoever,as contemplated by the Pennsylvania Divorce Code. Page 10 of 13 Should a decree, judgment or order of divorce be obtained by either or 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; and that 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. 17. 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. 18. ENTIRE UNDERSTANDING. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, Page 11 of 13 • covenants or understandings between the parties other than those expressly set forth herein. 19. MODIFICATION OF THIS AGREEMENT. The 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. 20. BREACH. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 21. APPLICABLE LAW. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. 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. Page 12 of 13 IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year written below their respective names. i ✓ 6 / d li Phi/yip Loy, H sband Caroline Loy, Wife Date: �> 1 Date: F 2 / - / -Z. // -,<,e-e/.,/,(0, f /a m1v4. (�r E - I (62_ r l .. Signature of Witness Signature of Witness ----7- 1- '0,A OA 1. ‘ OCOM -1(‘- y Printed Name of Witness Printed Name of Witness Page 13 of 13 PHILLIP LOY Plaintiffu1ii iici I g11� , iu v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2010-01762 CIVIL TERM CAROLINE LOY, Defendant IN DIVORCE IN RE: PETITION TO ENFORCE TERMS OF MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 16t" day of May 2013, upon review of the Petition to Enforce Terms of Marital Settlement Agreement, a RULE is issued upon Defendant Caroline Loy to show cause, if any, why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Rule upon Defendant. Proof of service must be filed prior to the court entertaining a motion to make rule absolute. RULE RETURNABLE twenty (20) days from the date of service by Plaintiff. BY THE COURT, Thomas A. Placey = pc Distribution: Tabetha A. Tanner, Esq. f- Caroline Loy <C `7 cy Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ■„ti,1' u. t ,i�rttaerYrr, Jody S Smith Chief Deputy Richard W Stewart Solicitor Philip Loy Case Number vs. Caroline C. Loy 2010-1762 SHERIFF'S RETURN OF SERVICE 06/19/2013 07:09 PM- Deputy Tim Black, being duly sworn according to law, served the requested Court Order by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Caroline C. Loy at 120 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17043. TIM LACK, DEPUTY SHERIFF COST: $46.54 SO ANSWERS, June 21, 2013 RONNY R ANDERSON, SHERIFF Exhibit "C" VERIFICATION I verify that the statements made in Petitioner's Petition to Make Rule Absolute are true and correct to the best of my knowledge and belief. I understand that false statements made herein may subject me to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Theo//,3 G,IGu Date Tabetha A. Tanner, Esquire Attorney for Petitioner AT PHILLIP LOY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § 174A V. §NO. 2010-0;4-Cr2 CAROLINE LOY, § CIVIL ACTION- IN DIVORCE Defendant § ORDER OF COURT - AND NOW,this �� day of ,2013,upon consideration of the Petitioner's Petition To Enforce Terms of Marital Settlement Agreement, and having found that Defendant has failed to show cause why the Petition should not be granted, and upon further consideration of the Petitioner's Petition to Make Rule Absolute, it is hereby ORDERED and DECREED that said Petition is GRANTED. It is further ordered as follows: I. Respondent shall list the house for sale within five (5) days of this Order of Court. 2. Respondent shall pay the outstanding mortgage obligation within fourteen (14) days of this Order. 3. Respondent shall assume full responsibility for the mortgage obligation and shall execute any and all documents necessary to indemnify Petitioner with the mortgage company. 4. Respondent shall, within fourteen (14) days of this Order, pay Petitioner the sum of$1,500 as his attorneys fees and costs incurred in filing this Petition to Enforce Terms of Marital Settlement Agreement. BY T Thomas A.Placey J. Gammon Pleas Judge �3 0� cx7 C. t 3 rq