HomeMy WebLinkAbout01-0653STEVEN A. TRAYER,
Plaintiff
TAMMY L. TRAYER,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION ~ LAW
NO. [¥. b-5
IN DIVORCE
CIVIL TERM
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 of divorce or annulment may be entered against you for
any claim or relief requested in these papers by the Plaintiff: You may lose money or property
or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in the
Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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. 1F 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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
STEVEN A. TRAYER,
Plaintiff
TAMMY L. TRAYER,
Defendant
J
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. o l- 6 5~-3 CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
biO FAULT
Plaintiff is Steven A. Trayer an adult individual currently residing at 87 East Yellow
Breeches, Carlisle, Cumberland County, Pennsylvania.
Defendant is Tammy L. Trayer an adult individual currently residing at 141 Trayer
Lane, Carlisle, Cumberland County, Pennsylvania.
Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
Plaintiff and Defendant were married on July 27, 1985, in Carlisle, Cumberland
County, Pennsylvania.
There have been no other prior actions for divorce or annulment between the parties.
Neither the Plaintiff nor the Defendant are members of the United States Armed Forces
or its Allies.
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, Plaintiff does
not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiffrequests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
COUNT 1I - ADULTERY
11. Paragraphs 1 through l 0 are incorporated herein by reference as if set forth in their full
text.
12. Defendant has committed adultery by having sexual relations with a man individual
contrary to her wedding vows and the Plaintiff is the innocent and injured spouse.
WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (a) (2),
Respectfully submitted,
Marylbu Matas, Es'quire
Attorney for Plaintiff
GRIFF1E & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE:
ST~VEN A. TRAYER, Plaf'ntiff
STEVEN A. TRAYER,
Plaintiff
TAMMY L. TRAYER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 01-653 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 8th day of February, 2001, comes Marylou Matas, Esquire, Attorney for
Plaintiff, and states certified and true copy of a Complaint in Divorce, was sent to the Defendant,
Tammy L. Trayer, at 141 Trayer Lane, Carlisle, Pennsylvania, by certified mail, restricted
del/very, return receipt requested. A copy of said receipt is attached hereto indicating that service
was made on February 2, 2001.
i~-(vc,',,ff.'./'ax
Mar,)Ibu(~atas, Esqhire
Attorney foP Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subs%~J~.,_ed to
before me this 4~~ day
of, & taI, v/ ,2OOl
/NOTARY ~BLIC
· Complete items 1, 2, and 3. AJso complete
item 4 if F~estrlcted Delivery is desired.
Print you~name and address on the reve~
so that ~ can return the card to you.
Attach tt'~s card to the back of the mailpiece,
or on thEfront if space permits.
1. Article Acidressed to:
PS Form 381 1, July 1999
Date ef Deth/ery
t from ;tern 17
If YE~ address below: r-I No
Domestic Return Receipt 102595-00-M-Q952
STEVEN A. TRAYER,
Plaintiff
VS.
TAMMY L. TRAYER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO O I - L~'~ CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant, TAMMY L. TRAYER,
in the above captioned case.
SAIDIS
SHUFF, FLOWER
& LINDSF, Y
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
~Car)bl J. Lindsay, Es(~uire
~J:;~ 44693 ]
26 West High Stre~
Carlisle, PA 17013
(717) 243-6222
STEVEN A. TRAYER,
Plaintiff
VS.
TAMMY L. TRAYER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-653 CIVIL TERM
: CIVIL ACTION - LAW
:
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on
January 31, 2001, and served on February 2, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING 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:
STEVEN A. TRAYER, Plaintiff'
STEVEN A. TRAYER,
Plaintiff
VS.
TAMMY L. TRAYER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-653 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER ON NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 divorce 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 files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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:
STEVEN A. TRAYER,
Plaintiff
VS.
TAMMY L. TRAYER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-653 CIVIL TERM
: CIVIL ACTION - LAW
:
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on
January 31, 2001, and served on February 2, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING 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.
TAMMY L. TI~YER, Defendant'
STEVEN A. TRAYER,
Plaintiff
VS.
TAMMY L. TRAYER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-653 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER ON NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. 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.
3. I understand that I will not be divorce 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 files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOiNG 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:
TAMMY L. TRtYER, Defendaht
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this /Sq'hday o£ ~0~)~ae~ ,2001, by and
between STEVEN .4. TR,4YER, of 87 East Yellow Breeches, Carlisle, Cumberland County,
Pennsylvania, 17013, party of the first part, hereinafter referred to as "Husband,"
AND
TAMMYL. TRAYER, of 141 Trayer Lane, Carlisle, Cumberland County, Pennsylvania,
17013, party of the second part, hereinafter referred to as "Wife,"
WITNESSETH:
WHEREAS, Husband and Wife were married on July 27, 1985, in Cumberland County,
Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division
Pagelofl7
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
L1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other.
Neither party shall molest the other or compel or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes
leading to them living separate and apart.
ARTICLE H
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
Page 2 of 17
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divome, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or
shall be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
part/es to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
Pag¢ 3 of l ?
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; thc age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their marriage; the economic circumstances of
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
Page 4 of 17
3.2
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 marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Personal Property. The parties agree that Husband shall retain the personal property
items listed on the attached list, attached hereto and incorporated herein by reference as "Exhibit
A". All other property not specifically mentioned will remain in Wife's possession. The parties
further acknowledge that they have the cash, accounts, or other tangible and intangible property
in their possession that they wish to have and neither will make any claim whatsoever against the
other party for any other items of personal property or assets that are in the other party's
possession.
3.4
£~fe Insurance, Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party agrees to sign any
documents necessary to waive, relinquish, or transfer any rights on such policies to the
respective party who presently owns such policies.
3,5
Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to
waive and relinquish any right in such property that may arise as a result of the marriage
Page 5of17
relationship.
3.6
Real Estate. The parties are the joint owners of real estate located at 141 Trayer Lane,
Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due
and owing to M&T Bank requiring the monthly payment of approximately FIVE HUNDRED
AND 00/100 ($500.00) DOLLARS. Upon presentation to wife through counsel of a special
warranty, fee simple Deed conveying all of her right, title and interest in the aforesaid property
to Husband, Wife will execute that Deed to be retained by her counsel in escrow until such time
as Husband refinances the aforesaid mortgage, Upon the refinancing of the M&T Bank
mortgage, thereby removing Wife's name as a responsible party on that loan, counsel for Wife
shall immediately release the Deed to Husband contemporaneously with the refinancing
settlement so as to allow for the Deed to be recorded in conjunction with the recording of
Husband's refinanced mortgage.
In addition, Husband shall pay to Wife the sum of FORTY THOUSAND AND 00/100
($40,000.00) DOLLARS in consideration of her interest in the aforesaid real estate. The
aforesaid payment of $40,000.00 shall be held in escrow by Husband's counsel and made
payable to Wife upon the end of the three day rescission period after the refinancing. Wife
agrees to vacate the aforesaid real estate by or before December 1, 2001. If Wife remains in the
property beyond that date, a rental amount shall be due to Husband by Wife in the amount of
TEN AND 00/100 ($10.00) DOLLARS per day, to begin accruing on December 2, 2001 and
continuing to accrue until the day that Wife actually vacates en~i~ly from the aforesaid property,
· ,~id aihvunt tv bc dodueted from tho aforosai~,t$40,OO~)~.OO~yment. Wife agrees that if she has
not vacated the property by January ~0~, Husband shall be entitled to initiate an action for
Page 6 of 17
Exclusion Possession, requesting that Wife be Ordered to vacate immediately, against which
Wife will not defend. Wife further agrees that, in the event such an action by Husband is
necessary, Wife will be responsible for all costs, fees and expenses associated with the
preparation, filing and hearing of such action.
3.7
Taxes. The parties owe real estate taxes for thee property located ~j, 141 Trayer Lane.
Wife agrees to pay to Husband a prorated amount of tb~, calculated from me
start of the tax period to the day that Wife vacates that property, on that day that Wife vacates
the property.
3.8
Pension. ~Retiretnent, Profit-Sharing. Except as hereinafter set forth, Wife agrees to
waive, relinquish or transfer any and all of her right, title and interest she has or may have in
Husband's pension through his present or prior employment. Wife hereby waives, relinquishes
and transfers any and all right, title and interest she has in any present retirement account, as well
as other accounts that Husband may have in his individual name or may have secured through
his present or prior employment.
Except as hereinafter set forth, Husband agrees to waive, relinquish or transfer any and
all of his right, title and interest he has or may have in Wife's pension through her present or
prior employment. Husband hereby waives, relinquishes and transfers any and all fight, title and
interest he has in any present retirement account, as well as other accounts that Wife may have in
her individual name or may have secured through her present or prior employment.
Husband owns a 401(k) account/SPX Savings and Stock Plan with GS Electric Company.
Husband agrees to pay FOUR THOUSAND EIGHT HUNDRED THIRTY-EIGHT AND 50/100
Page 7 of 17
($4,838.50) DOLLARS to Wife for her interest in that account. Counsel for Husband will
prepare a Qualified Domestic Relations Order within fifteen days of the signing of this
agreement to transfer the above referenced sum to Wife. Both parties and counsel shall
promptly execute the document as required, including any addendums.
3.9
Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive
ownership and possession of a certain 1995 Chevrolet Blazer vehicle and a pontoon boat, which
were originally titled in the parties' names jointly. Husband shall execute the title of the vehicles
within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's
name individually, Husband shall make no claim whatsoever relative to access to or use of the
aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid
vehicles from the date of execution of this Agreement forward~
The parties acknowledge that Husband has and shall retain sole and exclusive ownership
and possession of the parties' 1991 Buck Skylark, a Bayliner and a 1986 Dodge pickup truck,
which was originally titled in the parties name jointly. Wife shall execute the title to the truck
vehicle within fifteen (15) days upon request to do so by Husband. Wife shall make no claim
whatsoever relative to access to or use of the aforesaid vehicles and shall make no ownership
claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this
Agreement forward.
3.10
Intan~oible Personal Property. The parties have already transferred or waived rights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Each party agrees to sign any documents necessary to close any joint
Page 8of17
accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim
of any nature whatsoever against the other party relative to the financial accounts or other
investments or intangible personal property that have already been retained by that party as
described herein.
ARTICLEIV
elLIMONE ALIMONY PENDENTE LITE,
SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE
4.1
The parties have each secured and maintained a substantial and adequate fund from
which to provide themselves sufficient resources to provide for their own comfort, maintenance
and support in the station of life in which they are accustom. Husband and Wife do hereby
waive, release and give up any rights they may have, respectively against the other, for alimony,
alimony pendente lite, spousal support or maintenance.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony,
alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations
Code.
4.3
Husband agrees to pay to Wife the amount of FOUR HUNDRED FIFTY AND XX/IO0
($450.00) DOLLARS per month for child support, to begin on November 1, 2001. Eithsr~arty
has the right to Petition the Court to modify this amount, based upon ch~hged circu~a;tanccs.
Page 9of17
ARTICLE V
DEBTS OF THE PARTIES
5.1
The parties acknowledge that they have outstanding debts or liabilities due and owing to
a Lowes account, with an approximate date of separation balance of $3,104.00, and a Members
First Federal Credit Union loan, with an approximate date of separation balance of S8,110.00.
From the date of execution of this Agreement forward, Husband shall retain sole and exclusive
responsibility and obligation for the repayment of the aforesaid debts. Husband shall indemnify
Wife and hold her harmless from and against any and all demands for payment or collection
activity of any nature whatsoever relative to the aforesaid credit card and loan debt.
The parties acknowledge that they have outstanding debts for liability due and owing to a
a Fashion Bug account, with an approximate date of separation balance of $241.00, a Master
Card account, with an approximate date of separation balance of $6,084.00, a Circuit City
account, with an approximate date of separation balance of $1,382.00, a JC Penny account, with
an approximate date of separation balance of $1,764.00, a Boscov's account, with an
approximate date of separation balance of $179.00, and a Bon Ton account, with an approximate
date of separation balance of $479.00. From the date of execution of this Agreement forward,
Wife shall retain sole and exclusive responsibility and obligation for the repayment of the
aforesaid debts. Wife shall indemnify Husband and hold him harmless from and against any and
all demands for payment or collection activity of any nature whatsoever relative to the aforesaid
credit card debts.
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding
Page lO of l7
obligations of the parties; that since the separation neither party has contracted or any debts for
which the other will be responsible and each party indemnifies and holds harmless the other for
all obligations separately incurred or assumed under this Agreemem.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
Advice Of Counsel. The parties acknowledge that they have either received independent
legal advice from counsel of their own selection, that they fully understand the facts and have
been fully informed as to their legal fights an obligation or otherwise understand those legal
rights and obligations. They acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having
received such advice and with such knowledge that execution of this Agreement is not the result
of any duress or undue influence, and further that it is not the result of any collusion or improper
or illegal agreement or agreements.
6.2
MutualRelease. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's
Page Il o fl7
rights, family exemption, or similar allowance, or under the intestate laws, or the right to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the
United States, or (c) any other country, or any rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any thereof. It is the
intention of Husband and Wife to give to each other by execution of this Agreement a full,
complete, and general release with respect to any and all property of any k/nd or nature, real or
personal, not mixed, which the other now owns or may hereafter acquire, except and only
except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any thereof.
6.3
Banltrul~tcy. The parties agree that any and all financial obligations assumed herein shall
not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to,
all financial obligations assumed under Paragraph 3.6, 3.7, 3.8 and 4.1 of this Agreement. In the
event either party attempts to avoid financial obligations described herein through bankruptcy
proceedings the other party shall have an independent claim against the party claiming
bankruptcy for any and all sums that the other party assumes or is required to pay due to the
actions of the party claiming bankruptcy. Further, all rights available to the other party
provided for in Paragraph 5.13 hereinafter shall be available to the party not filing bankruptcy.
Page 12of17
6.4
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible
or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or
hold the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.5
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.6
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper implementation of this Agreement, and as their
respective counsel shall mutually agree should be so executed in order to carry fi~lly and
effectively the terms of this Agreement.
Page 13ofl7
6.7
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania, which are in effect as of the date of the execution of this Agreement.
6.8
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.9
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
6.10
Severability. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under any one or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
6.11
It is specifically understood arid agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
Page 14of17
6.12
1)isclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party
has an interest, of the sources, and amount of the income of such party of every type whatsoever,
and al/other facts relating to the subject matter of this Agreement.
6.13
EnforceabiliO~ and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits 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 contained is stipulated, confessed, and
admitted by the parties, and the parties intend to be legally bound hereby. In the event either
party breaches the aforesaid Agreement and it is determined through appropr/ate legal action that
the alleged party has so breached the Agreement, the breaching party shall be responsible for any
and all attorney's fees as well as costs and expenses associated with litigation incurred by the
non-breaching party to enforce this Agreement against the breaching party. In the event of
breach, the non-breaching 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
including equitable enforcement of this Agreement.
Page 15ofl7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
Date
Page 16 of 17
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF :
On this day of
, 2001, before me, the undersigned
officer, personally appeared STEVENA. TRAYER, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this day of
, 2001, before me, the undersigned
officer, personally appeared TAMMY £. TRA YER, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
1N WITNESS WHEREOF, I hereunto set my hand and official seal.
Page 17 o./'17
HOUSEHOLD ITEMS TO BE RETAINED
BY
HUSBAND, STEVEN A. TRAYER
2.
3.
4.
5.
6.
7.
8.
9.
I0.
1l,
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Guns
Dining table and chairs
Antique table in dining room
Gun cabinet
All tools in garage
Shed
Log Splitter
Antique clock
Flowered Sofa
Flowered Chair
End tables (downstairs)
Coffee table (downstairs)
Two lamps (downstairs)
l 9" Magnavox television
Magnavox VCR
Television cart
Two dressers in master bedroom
His grandmother's china set
His grandmother's depression glass
Antique Blanket Chest
Hurricane Lamp
Corningware Dishes
Meyers Cookware
Weight Bench
Pressure washer
Large oak dresser in Megan's bedroom
20bp Craftsman garden tractor
8hp Troybilt rototiller
"Exhibit A"
STEV~N A. TRAYER,
Plaintiff
VS.
TAF[MY L. TRAYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 01-653 CIVIL TERM
PRAEClPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under §3301 (c)
~ of the Divorce Code.
(Strike out inapplicable section).
Date and manner of service of the complaint: Certified/restricted mail on 2/2/01.
Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divome Code:
by plaintiff 12/15/01 ; by defendant 17/1~/nl
(b) (1) Date of execution of the affidavit required by §3301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending:
None
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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: 12/31/01
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: 12/31/01
Marylou Ma~ Attorney fo~ Plaintiff
IN THE COURT Of COMMON PLEAS
OFCUMBERLANDCOUNTY
St/~ YE Of PENNA.
S~ A. TRAYRRt
PI ~ i nt-i ff
No. 01-653 Civil Term
VERSUS
T/h~4Y L. TRAYER,
Defendant
DECREE IN
DIVORCE
AND NOW, December 31
, ~J~!__, IT IS ORDERED AND
DECREED THAT Stev~n A. Tr'ay~-
AND Tanm%; L. Trayer
__, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; I ~
The parties' Separation and ProDert¥ Settlement Aqreement dated October
15, 2001 is incorporated herein but not merged.
BY TH~
ATTEST: ~ ~/ j.
PROTHONOTARY
COMM(~NWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND :
On th~s the ~_ day of tJ~/[~._ , 2002, before me, the undersigned officer,
person~, y appeared Steven A. Trayer, know*n to me (or satisfactorily proven) to be the person
whose na~ is subscribed to the within Agreement and acknowledged that he executed the
same for the purposes therein contained.
12q WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal ]
COIV[MON~ALTH OF PF_.Iq'NS¥'LVAJ~A,. Karisa J. Lehman, Notary Public
. o Carlisle Sore, Cumberland County
rwy [;omm ssion Expires Aug. 25, 2003
COUNTY OF CUMBERLAND
·
On thi~ thee>)'c~ day of ~ ,2002, before me, the undersigned omcer,
personally appeared Tammy L. Trayer, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement and acknowledged that she executed the
same for the purposes therein contained.
IN' WITNESS WHEREOF, I hereunto set my hand and official seal.
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STEVEN A. TRAYER,
Plaintiff'
VS.
TAMMY L. TKAYEK,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIAjIJ[ 0/5
CIVIL ACTION - LAW
NO. 01-653 CIVIL TERM
IN DIVORCE
OUALIFIED DOMESTIC RELATIONS ORDER
The parties having reached an agreement as to the division of a private 401 (k) benefit
plan in which Steven A. Trayer is a Participant;
IT IS I:[EREBY ORDERED, ADJUDGED AND DECREED that a division and
disposition of the 401(k) benefit plan identified below shall be and is made according to the
provisions of the domestic relations law of the Commonwealth of Pennsylvania and of Sections
401(a)(13) and 414(p) of the Internal Revenue Code of 1986, es amended (hereinafter the
"Code"), ~elating to Qualified Domestic Relations Order as follows:
1. Steven A. Trayer (hereina.~er the "Participant") is a Participant and has an interest in an
account with Ametek 401(k) Plan for Acquired Businesses known as a 401(k) retirement
plan (hereinafter the "Plan").
2. Tam_my L. Trayer (hereina_~er the "Alternate Payee") is the spouse of the Participant in a
pending divorce action to the above-docketed action and is hereby designated as the
Alternate Payee of Participant's interest in an account under the Plan pursuant to Sections
401(a)(13) and 414(p) of the Code, to the extent provided in this Qualified Domestic
Relations Order.
3. It is hereby ordered that Alternate Payee shall have and receive, and the Plan Administrator
and/or trustee of the Plan are directed to pay to the Alternate Payee from the Participant's
200Z
account under the Plan, promptly after receipt and acceptance of this Qualified Domestic
Relations Order, the sum of FOLYR THOUSAND EIGHT HUNDRED TI-ffRTY-EIGHT
AND 50/100 ($4838.50) DOLLARS (hereinafter the "Single Sum Payment"). If directed
by Alternate Payee, the Plan Administrator and/or trustee of the Plan are hereby authorized
and directed to pay the Single Sum Payment to Alternate Payee's Individual Retirement
Account, an account under Alternate Payee's employer's qualified plan, or designate the
payment as a separate account under the Plan, as applicable and permitted under current
law and the terms of the Plan. This Single Sum Payment paid from the Participant's
account and deposited to the account of Alternate Payee, or segregate within the Plan in
Alternate Payee's name, is non-taxable as an authorized rollover fi.om one qualified
retirement plan to another qualified retirement plan. This amount designated in this
paragraph as a Single Sum Payment shall accrue pro rata interest or gain from the time of
acceptance of this Order by the Court pursuant to any gain that the account of Participant
had experienced as a whole.
In the event of Participant's death prior to the Alternate Payee's receipt of the Single Sum
Payment pursuant to Paragraph 3 above, Alternate Payee shall continue to be treated, in
accordance with Section 414(pX5) of the Code, as the Alternate Payee of Participant for
the purposes of and under the Plan with regard only to the unpaid amount, if any, of the
Single Sum Payment. Ln the event of the Alternate Payee's death prior to the receipt of the
Single Sum Payment pursuant to paragraph 3 above, the Single Sum Payment shall be paid
to Alternate Payee's estate or her designated beneficiary as permitted by the Plan and
pursuant to documentation in effect at that time.
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5. The name, last known mailing address, mad date of birth of the Participant is as follows:
Steven A. Trayer
:141 Trayer Lane
Carlisle, PA 17013
Participant's social security number is 196-48-3881 and date of birth is July 21, 1961~
6. The name, mailing a'd~li'ess, and'date of birth of Alternate Payee is as.~llows:
Tmmuy L. Trayer
112 Marbeth Avenue
Carlisle, PA 17C, 13
Alternate Payee's social security number is 210 ~a..6394 and date of birth is June 2, 1962.
7. The Plan to which this Qualified Domestic Relations Order relates is the Ametek 401(k)
Plan for Acquired Businesses, Account Number 196-48-3881.
8. Nothing in this Order shall be constme~ to require the Plan to provide any type or form of
benefit, or any option, not otherwise provided under the Plan or to provide benefits to
Alternate Payee in an amount that exceeds the amount of benefits that the Plan would be
required to pay with respect to Participant if the Order did not apply. Except for the
interest awarded herein to Alternate Payee as an Alternate Payee, this Qualified Domestic
Relations Order shall have no effect on Participant's remaining interest in the account
under the Plan or on his/her future interests in an account under the Plan. Alternate Payee
shall not be entitled to Participant's interests in the Plan that are already required to be paid
to another Alternate Payee under another domestic relations order previously determined
to be a Qualified Domestic Relations Order; however, Participant has represented that no
Initials
Relations Order shall be binding on the Plan Administrator and the trustee according to the
laws of the Commonwealth of Pennsylvania, the Code and ERISA. Participant and
Alternate Payee are ordered to comply with the terms of and spirit of this Qualified
Domestic Relations Order.
14. The Co. urt further retains jurisdiction to supervise the implementation of this Qualified
Domestic Relations Order and those provisions of the parties' Decree of Divorce regarding
division and disposition of Particip~t~t's interest in and account under the Plan, and to enter
such other orders hereafter as may be required to implement fully this Order and any
)-
so day of ~ ,2002. .~
APPROVED:
TAMMY L. TRAYER, Defendafi~dAltemate Payee
Initials