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HomeMy WebLinkAbout01-0546CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-.5~, CIVIL TERM IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other cla'nn or relief requested in these papers by the plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Ctu-nberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; 2001- ~5~'~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) O._~.F THE DIVORCE CODE NOW comes the plainfif, Clayton S. Lynch, by his attorney, Douglas G. Miller, Esquire, and files this complaint in divorce against the defendant, Tracy A. Lynch, representing as follows: 1. The plaintiffis Clayton S. Lynch, an adult individual residing at 195 Horseshoe Road, Carlisle, Pennsylvania 17013. 2. The defendant is Tracy A. Lynch, an adult individual residing at 44 Chestnut Avenue Carlisle, Pennsylvania 17013. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on September 30, 1995 in Mt. Holly Springs, Pennsylvania and separated in March of 2000. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was one (1) child bom to this marriage; namely Ryane E. Lynch, bom September 9, 1997, age three (3) years. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Date: January 26, 2001 Respectfully submitted, IRWIN, McKNIGHT & HUGHES · Mffier, Esquire Attorney for Pla'mtiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 70216 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. CLX. LYNCH Date: January 25th ,2001 CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, : Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 - 5va CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divome decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: January 25th ,2001 C~ ~ ~rr CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-546 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Johnna J. Kopecky, Esquire, attorney for the defendant in the above-captioned divorce action, hereby verify that I accepted service of the Complaint in Divorce filed under Section 3301(c) of the Divorce Code on January 26, 2001. Date: February I~" , 2001 CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-546 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Pmthonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: August ~ ~ ,2001 CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW : 2001-546 C1VIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: August ~ ,2001~~CY~ ~A~ L~~H4- CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-546 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights 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 herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August e.~ a ,2001 CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; 2001-546 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TI~E~ DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately atter it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2001-546 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 26, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. 1 consent to the entry of a final decree in divorce. 4. ! 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: August ,,.~O ,2001 CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-546 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 26, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date.' Augnst ,200I CLAYTON S. LYNCH, Plaintiff TRACY A. LYNCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-546 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit thc record, together with the following information, to the court for entry ora divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint m Divorce was served upon counsel for the defendant, Johnna J. Kopecky, on Febma~ 15, 2001, and is evidenced by the Acceptance of Service signed by her and filed with the Prothonotary's Office on Apti112, 2001. 3. Complete either paragraph (a) or Co). (a) Date of execution of the affidavit of consent required by Section 3301 (e) of the Divorce Code: by plaintiff: August 30, 2001; by defendant: August 29, 2001. CO)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Pmecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 31,2001. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Augnst 31, 2001. DOUGIOkS G. MILLER, ESQUIRE Attorney for PlaIntiff MARRIAGE SETTLEMENT AGREEMENT TRACY A. LYNCH, (hereinafter referred to as "WIFE") and CLAYTON S. LYNCH, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 30, 1995, in Mt. Holly Springs, Pennsylvania; and WHEREAS, the parties are the natural parents of one (1) child, namely Ryane E. Lynch, bom September 9, 1997 (hereinafter referred to as the "child"); and WHEREAS, the parties have been living separate and apart from each other since January of 2000; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property fights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective fights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein comalned is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Douglas G. Miller, Esquire of Irwin, McKnight & Hughes; WIFE is represented by Johrma J. Kopecky of Saidis, Shuff, Flower & Lindsay; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. o It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the fights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. MOBILE HOME: WIFE agrees to transfer all right, title and interest which she may have in that mobile home titled in HUSBAND'S name and presently located at 195 Horseshoe Road, Carlisle, Cumberland County, Pennsylvania to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on said mobile home and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. In fumherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute any and all documents that may be required to convey her interest in said property to ItUSBAND. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to WIFE and that WIFE will not provide any financial support to HUSBAND. The parties also waive any fight they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter. o PERSONAL PROPERTY: . The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all fight, title and interest which she may have in any personal properZ3' of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or fight of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: HUSBAND hereby waives all fight, title and interest in any vehicle that WIFE currently owns or may own in the future, and specifically agrees to execute all documents necessary to lxansfer title in the parties' 1997 Mercury Tracer to WIFE. WIFE shall hold HUSBAND harmless and indemnify him for any and all remaining payment obligations and liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: HUSBAND shall assume all liability for and pay for and indemnify and hold harmless WIFE against the current outstanding balance for the following credit cards and/or loans: 1. GM Mastercard in WIFE'S name alone. WIFE hereby agrees not to use said GM Mastercard or otherwise incur additional obligations on said account and further agrees to permanently cancel or inactivate said credit card within thirty (30) days of execution of this Agreement. It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all other debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to I:IUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on thc life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and clain~ to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND and likewise HUSBAND agrees to waive all right, rifle and interest which he may have in the savings or check'mg or any other bank accounts of WIFE. 14. DAYCARE AND PRIVATE SCHOOL COSTS FOR MINOR CHILD: Currently, WIFE'S employer provides for daycare for the par~ics' re'mot child. In the event that there is an involuntary change in WIFE'S employment, the parties hereby agree to proportionally share all reasonable daycare expenses for their minor child. The parties fin'ther agree to proportionally share all reasonable private school tuition costs for their minor child, should the need for such costs arise. Said expenses shall be proportionally shared in accordance with each party's respective net income. 15. DIVORCE: The parties both agree to cooperate with each other in obta'm'mg a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to hun or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may bc reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respect'~ve counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equ'~table, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertain'rog to failure to comply with an order of court or agreement pertaln'mg to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 20. This Agreement shall be construed under the Laws of the 21. PR/OR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees incurred in the settlement of the divorce and economic issues surrounding this divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in imestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: SrVA. v ! CLA~Y~.~y~LYNC~H ~ (SEAL) lO COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : .~,/~ PERSONALLY APPEARED BEFORE ME, this ~dayr~TAof( ~~, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and C~unty of Cumberland, TRACY A. LYNCIt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agree~nent, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WItEREOF, I have hereunto set m/l~hand and officiaL seal. / (/ COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ~ day of 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, CLAYTON S. LYNCIt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WItEREOF, I have hereunto set my hand and official seal. 11 IN THE COURT OF COMMON PLEAS CLAYTON ~. LYNCH, Plaintiff VERSUS Defendant OF CUMBERLAND COUNTY STATE OF f~ PENNA. 2001-546 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW, DECREED THAT AND DECREE IN DIVORCE CLAYTON S. LYNCH TRACY A. LYNCH , 2001 IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD ,N THIS ACTION FOR WH,CH A F,NAL ORDER HAS NOT YET BEEN ENTERED; OK The Marriage Settlement Agreement dated August 29, 2001 and signed by the parties is hereby incorporated into this Decree,~ot ATTEST: merged. J.