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HomeMy WebLinkAbout10-2363IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers r Plaintiff - vs. i_3 b 3 No. Q s ' Eric A Layman - ( _ - - Defendant _ 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, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for Cumberland County: Z CDUr7//4[1SP ynr?r? 10,4 / 30/3 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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: Cumberland County Bar Association Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Allegheny Co., Pittsburgh: (412) 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver: (412) 728-4888 Bedford Co., Bedford: 814-623-4833 Berks Co., Reading: (610) 375-4591 Blair Co., Hollidaysburg: (814) 693-3090 Bradford Co., Towanda: (570) 265-1705 Bucks Co., Doylestown: (215) 348-9413 Lackawanna Co., Scranton: (570) 969-9600 Lancaster Co., Lancaster: (717) 393-0737 Lawrence Co., New Castle: (724) 656-2143 Lebanon Co., Lebanon: (717) 274-2801 Lehigh Co., Allentown: (610) 433-7094 Luzerne Co., Wilkes-Barre: (717) 822-6712 Lycoming Co., Williamsport: (570) 327-2251 McKean Co., Smethport: (814) 887-3270 Mercer Co., Mercer: (724) 342-3111 4 3Sd?. 40 Pal P? ?y sh /1???a03 Butler Co., Butler: (724) 284-5214 Cambria Co., Ebensburg: (814) 472-1636 Cameron Co., Emporium: (814) 468-3355 Carbon Co., Jim Thorpe: (570) 325-2481 Centre Co., Bellefonte: (814) 355-6796 Chester Co., West Chester: (610) 429-1500 Clarion Co., Clarion: (814) 226-1119 Clearfield Co., Clearfield: (814) 765-2641 Clinton Co., Loch Haven: (570) 893-4007 Columbia Co., Bloomsburg: (570) 389-5600 Crawford Co., Media: (814) 333-7324 Cumberland Co., Carlisle: (717) 249-3166 Dauphin Co., Harrisburg,: (717) 232-7536 Delaware Co., Media: (610) 566-6625 Elk Co., Ridgway: (814) 776-5344 Erie Co., Erie: (814) 459-4411 Fayette Co., Uniontown: (724) 430-1272 Forest Co., Tionesta: (814) 755-3526 Franklin Co., Chambersburg: (717) 261-3858 Fulton Co., McConnellsburg: (717) 485-4212 Greene Co., Waynesburg: (724) 852-5289 Huntingdon Co., Huntingdon: (814) 643-1610 Indiana Co., Indiana: (724) 465-3855 Jefferson Co., Brookville: (814) 849-1606 Juniata Co., Mifflintown: (717) 436-7715 Mifflin Co., Lewistown: (717) 248-8146 Monroe Co., Stroudsburg: (570) 424-7288 Montgomery Co., Norristown: (610) 279-9660 Montour Co., Danville: (570) 271-3010 Northampton Co., Easton: (610) 258-6333 Northumberland Co., Sunbury: (570) 988-4151 Perry Co., New Bloomfield: (717) 582-2131 Philadelphia Co., Philadelphia: (215) 238-1701 Pike Co., Milford: (570) 296-7231 Potter Co., Coudersport: (814) 274-9740 Schuylkill Co., Pottsville: (570) 628-1270 Snyder Co., Middleburg: (570) 837-4202 Somerset Co., Somerset: (814) 445-1428 Sullivan Co., Laporte: (570) 946-7351 Susquehanna Co., Montrose: (570) 278-4600 Tioga Co., Wellsboro: (570) 724-9281 Union Co., Lewisburg: (570) 524-8751 Venango Co., Franklin: (814) 432-9577 Warren Co., Warren: (814) 728-3440 Washington Co., Washington: (724) 225-6710 Wayne Co., Honesdale: (570) 253-5970 Westmoreland Co., Greensburg: (724) 834-8490 Wyoming Co., Tunkhannock: (570) 253-5970 York Co., York: (717) 854-8755 COUNSELING NOTICE UNDER Pa.R.C.P. RULE 1920.45(a)'(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301(a)(6) Indignities Section 3301 (c) Irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Breakdown Two-Year Separation where the court determines that there is not a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the Prothonotary Office of the Cumberland County court. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff vs. No. Eric A Layman Defendant DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Elisabeth Curran Myers, who currently resides at 29 W green Street, Mechanicsburg, Pennsylvania 17055. She has resided at this address at least since May 2006. 2. The Defendant is Eric A Layman, who currently resides at 19 Drexel Place, New Cumberland, Pennsylvania 17070. He has resided at this address at least since July 2009. The Defendant previously resided at 29 W Green Street, Mechanicsburg, Pennsylvania 17055 since May 2006. 3. Both the Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 27, 2006, at Allenberry Resort Inn, Boiling Springs, Pennsylvania, County of Cumberland. 5. Neither the Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemember's Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an affidavit consenting to a divorce. The Plaintiff believes that the Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) and 3323(6) DIVORCE CODE 1. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference as though fully set forth. 2. The Plaintiff and Defendant have reached an agreement on issues including alimony, property division, child support and child custody. WHEREFORE, the Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code. I verify that the statements made in this Complaint 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. 3 - 3v-?Vv Date Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff vs. No. Eric A Layman Defendant DIVORCE VERIFICATION I 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 made herein are subject to the penalties of 18 PA. C.S., §4094, relating to unsworn falsification to authorities. 3-30-2vi o _???/ate Date Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff Eric A Layman Defendant vs. No. DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Elisabeth Curran Myers, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her own knowledge that the Defendant Eric A Layman herein is not in the military service as defined in the Servicemembers' Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: At no time have i ever witnessed my spouse report or make contact with military personnel to serve in the military. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. PI stiff IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: NOT Y BLIC NOTARIAL SEAL DON TRAUK Notary Public LEMOYNE BOROUGH, CUMBERLAND COUNTY My Commission Expires Jun 3, 2013 16-X3&3 C" I * f/.- Tt r ^ r 23 i n Hi"it J I J Marital Separation and Property Settlement Agree n ,between Eric A Layman and Elisabeth Curran Myie's AGREEMENT, made this =aj2 day of March, 2010, between Eric A Layman (hereinafter referred to as Husband) and Elisabeth Curran Myers (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were married in Boiling Springs, Pennsylvania, on May 27, 2006, in a religious ceremony. There are presently no minor children born of or adopted by said marriage. There are presently no adult children, born of or adopted by said marriage, who are legally dependant upon the parties for care or support. There are presently no adult children who are over the age of 21 and have mental and/or physical disabilities. Differences have arisen between the parties. They are now, and have been since November 3, 2008, no longer living as Husband and Wife, living separate and apart, voluntarily and by mutual consent, with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c). 2. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this 1 of 11 Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. 3. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. 4. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY. The parties own as tenants by the entirety, in fee simple, the property known as 29 W Green Street, Mechanicsburg, Pennsylvania 17055, which is presently occupied by the Wife. It is the intention of the parties that they presently continue to own the marital home jointly, become tenants-in-common upon being divorced, and to eventually sell the marital home. Therefore, the parties agree as follows: The parties agree that the marital home is valued at approximately One Hundred And Twenty Five Thousand Dollars And Zero Cents ($125,000.00), and that it currently holds one (1) lien, valued at approximately Eighty Nine Thousand Dollars And Zero Cents ($89,000.00). Therefore, the parties agree that the current equity in the marital home is approximately Thirty Six Thousand Dollars And Zero Cents ($36,000.00). The Wife shall be entitled to sole possession of said premises (rent-free). The parties shall cooperate fully to promptly sell the marital home. Expenses associated with the ownership and/or occupancy of the marital real estate shall include the mortgage, taxes, insurance, repair costs and every other cost associated with the maintenance of the property. During such time as the property is jointly-owned by the parties, the Husband's share of said expenses shall be fifty percent (50%) and the Wife's share of said expenses shall be fifty percent (50%). A party's financial responsibility shall end when all of his or her ownership and/or property rights are lawfully transferred to another. In the event the parties cannot agree upon a sale price, they shall choose a licensed real estate agent in the county where the property resides (or an adjacent county), and list the property for sale at a price which is five percent (5%) higher than its fair market value as determined by a licensed real estate appraiser. If the parties cannot agree upon a listing agent, they shall each choose a real estate agent in the county where the property resides (or an adjacent county), and the two said agents shall together choose a third real estate agent. The three (3) real estate agents shall decide upon a listing price which is five percent (5%) higher than the fair market value of the property as determined by the real estate appraiser. In the event the parties cannot obtain the desired sale price within ninety (90) days after listing the property, they shall accept the first offer that is at least ninety percent (90%) of the designated listing price. The parties shall bear equally the cost, if any, of effectuating the sale, including the real estate agents' fees and seller's settlement costs. Neither party shall refuse to execute a contract for sale on the above terms or impose unreasonable conditions for the consummation of a contract of sale. 2of11 Any and all Deeds of Trust, liens, closing costs, including attorney's fees, and real estate commissions shall be paid from the proceeds of sale before any distribution is made therefrom. Upon the sale and settlement of said property, the proceeds of such shall first pay the costs of the transaction and all encumbrances and liens against said property. Following these deductions, the Husband shall receive fifty percent (50%) of all remaining proceeds, and the Wife shall receive fifty percent (50%). Similarly, in the event that such a sale does not result in any net proceeds, that is, where the value of the property as specified within the sale documents does not exceed the costs of the transaction combined with the value of all encumbrances and liens against said property which exist at that time, the parties agree that the financial responsibility for the payment of the remaining costs and balances shall be divided using the same proportions and terms. The responsibilities of the parties pertaining to capital gains taxes related to this property are specifically addressed elsewhere in this Agreement. When applicable, this Agreement acts as an authorization and directive to the settlement attorney to issue separate checks to the Wife and the Husband pursuant to the details of this section of this Agreement. The parties each agree that while they own the said property as tenants-in-common, neither of them may, without the written consent of the other, sell his or her respective half interest in the said property, but, subject to the terms and conditions of this Agreement, either party may force the sale in lieu of partition of the said entire property. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: The 1979 Ford F100, Vehicle Identification Number F10GREJ4529, shall become the property of the Wife. The Wife shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Husband harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The 2004 Volkswagen New Beetle GIs CV, Vehicle Identification Number 3VWCM21Y94M311489, shall become the property of the Wife. The Wife shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Husband harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The 2001 Jeep Wrangler Sahara, Vehicle Identification Number 1J4FA59S31P323101, shall become the property of the Husband, and, contemporaneously with the execution of this Agreement, the Wife will execute all documents necessary and appropriate to convey title of said automobile to the Husband. The Husband shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Wife harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage. The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage. Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. COMMON FINANCIAL ASSETS. Except where otherwise specified in this Agreement, the parties shall divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other common financial assets which are legally marital property, 3 of 11 whether titled in one or both parties' names. Once divided to the satisfaction of both parties, neither party shall make any claims on the other party's common financial assets, unless such claim can be reasonably considered appropriate compensation for the breach of some other clause of this Agreement, or unless such claim is proper pursuant to a separate amendment, contract, or legal action. OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 5. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policies. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. 6. RETIREMENT BENEFITS The Wife agrees to waive and release any rights or claims she may now have to any retirement pay, benefits or privileges earned by the Husband before or during this marriage. The Husband agrees to waive and release any rights or claims he may now have to any retirement pay, benefits or privileges earned by the Wife before or during this marriage. The Husband hereby waives all right to claim interest or share in the Wife's Individual Retirement Accounts, which shall become her sole property. 7. ESTATE PLANNING INHERITANCE. The parties each forever waive all rights to inherit from the other party and rights to receive any property on the death of the other party, except by reason of a will, codicil, or republication of will by the other party executed subsequent to this date. The parties each recognize that this waiver includes rights that they otherwise might have or acquire under 20 Pennsylvania Statutes 2203 et seq., any amendment thereof, or any successor statute. The foregoing, however, shall not bar a claim on the part of either party for any cause arising out of a breach of this Agreement during the lifetime of the deceased party against whose estate such claim may be made. ADMINISTRATION. The parties forever waive all rights to act as administrator of the other party's estate and all rights to request or petition for the appointment of any person to serve as such representative or to act as the executor of the other party's will, unless expressly named in a will, codicil, or republication of will by the other party, executed subsequent to this date or by reason of an insurance policy if specified within this Agreement. 8. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make 4of11 purchases on the credit of the other. CREDIT-CARD DEBT. Each party agrees to retire the following joint credit-card debt in full and to hold the other harmless for same, as follows: Visa, approximate balance Six Thousand Five Hundred Dollars And Zero Cents ($6,500.00), to be paid off within six months from the date of this Agreement. The Husband is to pay Three Thousand Two Hundred And Fifty Dollars And Zero Cents ($3,250.00) toward the retirement of this balance, and the Wife is to pay Three Thousand Two Hundred And Fifty Dollars And Zero Cents ($3,250.00). The parties shall share detailed records of the payments made by each other to eliminate this debt. The parties agree that each shall be separately responsible for the interest which accrues on his or her unpaid portion of the divided balance, as agreed to herein. OTHER JOINTLY-HELD DEBT. Each party agrees to retire the following jointly-held debt in full and to hold the other harmless for same, as follows: PSECU, approximate balance Nine Thousand Dollars And Zero Cents ($9,000.00), to be paid off within six months from the date of this Agreement. The Husband is to pay Four Thousand Five Hundred Dollars And Zero Cents ($4,500.00) toward the retirement of this balance, and the Wife is to pay Four Thousand Five Hundred Dollars And Zero Cents ($4,500.00). The parties shall share detailed records of the payments made by each other to eliminate this debt. The parties agree that each shall be separately responsible for the interest which accrues on his or her unpaid portion of the divided balance, as agreed to herein. Private Party Personal Loan, approximate balance Three Thousand Dollars And Zero Cents ($3,000.00), to be paid off within six months from the date of this Agreement. The Husband is to pay One Thousand Five Hundred Dollars And Zero Cents ($1,500.00) toward the retirement of this balance, and the Wife is to pay One Thousand Five Hundred Dollars And Zero Cents ($1,500.00). The parties shall share detailed records of the payments made by each other to eliminate this debt. The parties agree that each shall be separately responsible for the interest which accrues on his or her unpaid portion of the divided balance, as agreed to herein. CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. INDEMNIFICATION. Except as otherwise specified herein, the parties agree that each will be responsible for his or her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wife against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. 5of11 MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts or obligations of any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. 9. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. LEGAL REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have decided not to do so. The parties fully understand the facts and terms of this Agreement. Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. TAX RETURNS AND REFUNDS The parties shall file joint Federal and state income tax returns for the taxable year 2009. Any overpayment of taxes resulting from these tax returns shall be allocated as follows: the Wife shall receive fifty percent (50%) and the Husband shall receive fifty percent (50%). Similarly, in the event that such a return does not results in additional taxes needing to be paid, the parties agree that the financial responsibility for the payment of the remaining taxes shall be divided using the same proportions and terms. If the parties agree to a joint filing for any taxable year, the Husband shall indemnify and hold harmless the Wife against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax returns with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. 6of11 INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive fifty percent (50%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive fifty percent (50%) of the interest and depreciation attendant thereto. CAPITAL GAINS. The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law. Other than any capital gains tax implications and responsibilities identified in Section 4 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay fifty percent (50%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay fifty percent (50%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year 2008 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and thereafter, with no contribution required from the other party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver of either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, 7 of 11 executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed hearing. RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any financial statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data regarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure. SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into the final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependant for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. 8 of 11 RELIGIOUS DIVORCE If requested by either party, the parties shall cooperate fully in obtaining a religious divorce. Each party shall cooperate in executing all documents reasonably necessary to obtain such a divorce. The parties shall be equally responsible for any additional costs which are a direct result of additional fees or processing, associated with any existing, reasonable religious divorce requirements. RECONCILIATION The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein. DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All written notices and demands that either of the parties gives to the other party in connection with this Agreement, or any to personal service, shall be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 19 Drexel Place, New Cumberland, Pennsylvania 17070, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 29 W Green Street, Mechanicsburg, Pennsylvania 17055, or another address designated by her in writing to the Husband. 9 of 11 IN WITNESS WHEREOF, the parties hereto have set their hands and seals. to tyro counterparts of t?hip Agreement, each of which will constitute an original, this CJ day of Eric A Layman, Husband Witness Elisabeth Curran Myers, Wife Witness 10 of 11 COMMONWEALTH OF PENNSYLVANIA, COUNTY OFC"`^'Gtin? , SS.: On the day of Yyy-4-r\,n? , 20 10 , before me, a notary public within and for the County and State aforesaid, personally appeared Eric A Layman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. NOTARIAL SEAL DON TRAUBE Notary Public Notary Public EMOYNE BOROUGH, CUMBERLAND COUNTY My commission expires on My Commission Expires Jun 3, 2013 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF cQ--3-SS.: On the day of 20_x, before me, , a notary public within and for the County and State aforesaid, personally appeared Elisabeth Curran Myers, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. DON TRAUBE FLEIMtOYNE OTARIAL SEAL Notary blic Notary PuM UGH, CUMBE RLAND COUMy commission expires on sion Expires Jun 3, 2013 11 of 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff vs. No. 10-2363 Eric A Layman c- , Defendant DIVORCE ACCEPTANCE OF SERVICE 1, Eric A Layman, hereby state that I have accepted service of a true correct Lopy of the, _ ?e,v /s EMIT u v,#,* rimwav 330 t Ce) sf a, term ?- (document) in the ; gbov captioned matter on Arg to, 20 to (date) by (a) Certified Mail sent to the following address: (b) ?Peerssoon+al Service. This document was hand-delivered by: 42,1pagi,* A"&"Cna4 whose age is S1 and address is .Z/ /?uw`? ? tYcZC? ,7 ev go?i Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers N Plaintiff vs. No. 10-2363 cv, Eric A Layman Defendant DIVORCE s, ACCEPTANCE OF SERVICE I, Eric A Layman, hereby state that I have accepted service of a true cgrrect copy of the _ IYorle-0 7v O 4/O -A*W 'e-l6AIU _ (document) in the above captioned matter on R?/'? ?T 84/D (date) by (a) Certified Mail sent to the following address: (b) Personal Service. This document was hand-delivered by: a.--t whose age is 3 / and address is Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff VS. No. 10-2363 DIVORCE Eric A Layman Defendant AFFIDAVIT OF CONSENT 1.:A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and served on _4 Cola (date). 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. '> 3/ - 2'0'0 Date SWORN and SUBSCRIBED to before me this day of t/'(l1 Notary Pu c -AMMINNIE aintiff r NOTARIAL SEAL DON TRAUBE Notary Pme LEMOYNE BOROUGH, CUMBERLAND COUNTY My Ccaanls" Ex N Jun 3, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff VS. Eric A Layman Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and served on _ 00f9 to (date). 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 7-3/- / 0 Date Defendant SWORN and SUBSCRIBED to NOTARIAL SEAL before me this _/ day DON TRAM of TLL ?/ , ?SLL Notary Public LEMOYNE BOROUGH, CUMBERLAND COUNTY Notary is My Commission Expires Jon 3, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLY FAMILY DIVISION Elisabeth Curran Myers Plaintiff vs. No. 10-2363 Eric A Layman , Defendant A • DIVORCE WAIVER OF NOTICE OF INTENTION T0- REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 (C) AND 83301 j(D) To the Prothonotary: 1. 1 consent to the entry of a final decree without notice. 2. 1 understand that I may lose rights concerning alimony, division of property. Lawyer's fee or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary; I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unswom falsification to authorities. 2-3?--?a 9AY 2 Date Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff VS. No. 10-2363 Eric A Layman , Defendant - DIVORCE WAIVER OF NOTICE„ OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 (C) AND 43301 'I(D) To the Prothonotary: 1. 1 consent to the entry of a final decree without notice. 2. 1 understand that I may lose rights concerning alimony, division of property. Lawyer's fee or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotay, I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unswom falsification to authorities. 73/- an 9: Date Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Elisabeth Curran Myers Plaintiff Eric A Layman Defendant To the Prothonotary: VS. No. 10-2363 DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Mutual Consent, plus 90 days under §3301(c) of the Divorce Code. 2. (a) Date complaint filed: April 08, 2010 (b) Date and manner of service of the complaint: April 10, 2010 Certified mail, restricted delivery to and return receipt signed by Defendant. First-class mail - not returned, certified mail refused, 15 days have elapsed. Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff X Personal service by competent adult other than Sheriff (Affidavit attached) X Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached). 3. Complete (a) or (b) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by Plaintiff: July 31, 2010 Date of filing and service of the affidavit of consent required by § 3301(c) of the Divorce Code by Plaintiff: 7 ai o 111 1014 Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by Defendant: July 31, 2010 Date of filing and service of the affidavit of consent required by § 3301(c) of the Divorce Code by Defendant: _, 2 a o (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: Defendant: Date of filing and service of affidavit required by § 3301(d) of the Divorce Code upon the 4. Related claims pending: (a) X A written property settlement agreement resolving all economic and property issues between these parties was executed on March 30, 2010 (b) A property settlement agreement was not written or executed as there are no economic or property issues raised by either party. 5. (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: A?? a.s 2 t o/ O viii (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: A, ?f Zoi -U Date Defendant's Waiver of Notice was filed with Prothonotary: Al 7-0 O/ 1-j I Verification I verify that the statements made in this statement are true and correct to the blest of my knowledge, information and belief. I understand that false statements made herein are subject'to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to authorities. A ,?ZD/o Date iris Plaintiff ??