Loading...
HomeMy WebLinkAbout04-3094CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Lq, f - 30 cf l- IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CAROL B. LAYTON, Plaintiff vs. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C `9- IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, CAROL B. LAYTON, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is CAROL B. LAYTON, an adult individual who currently resides at 7 Ascot Lane in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is WILLIAM A. LAYTON, an adult individual who currently resides at 7 Ascot Lane in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 7 October 1995 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. (ZZ Sa el L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 2r7 May Paz[ C CAROL B. LAY /? 4 c: C\ I CAROL B. LAYTON, Plaintiff V. WILLIAM A. LAYTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 3094 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned action on behalf of the Defendant, William A. Layton. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: August 23 , 2004 Michael A. Scherer, Esquire Supreme Court ID # 61974 19 West South Street Carlisle, PA 17013 (7'17) 249-6873 Attorney for Defendant CAROL B. LAYTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW WILLIAM A. LAYTON NO. 2004 - 3094 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the aD day of August, 2004, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, hereby accept service of the Complaint in Divorce filed in the above action pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. 144 6 Michael A. Scherer, Esquire Supreme Court ID #61974 19 West South Street Carlisle, Pennsylvania 17013 (7'17) 249-6873 Attorney for Defendant { 1 h> ?,_ l '? ',, ' CAROL B. LAYTON, Plaintiff vs. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE '//?''XX?? ORDER OF COURT AND NOW this ? day of 2005, the hearing previously scheduled in this matter to be held on April 22, 2005 is hereby canceled and the matter will be held before the undersigned, in Court Room 2 of the Cumberland County Courthouse at 1:30 p.m. on July 18, 2005. Distribution: Xmuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12`h Street, Lemoyne, PA 17043 ,Xichael A. Scherer, Esquire (Attorney for Defendant) 19 West South Street, Carlisle, PA 17013 4"Vr j I 01 /9 0.5 Cf CAROL B. LAYTON, Plaintiff V. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA No. 04-3094 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, William A. Layton, in the above captioned case. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date -!:: 2?)-? - - Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Defendant, William A. Layton, in the above captioned case. Respectfully Submitted, Date: /V/V&&4- -it Michael A. Scherer., Esquire ? o . , c °? ? .?, ?? ?. ? ?? ? ? O t ? , , ._ -n - ? ?- G: ???, - .? ?_.. •• ? ,-- :,c ?? ? CAROL B. LAYTON, Plaintiff vs. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3094 CIVIL TERM IN CUSTODY PLAINTIFF'S MOTION FOR ACCESS TO HOME FOR APPRAISAL AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for an order granting her and her representatives access to the marital residence for purposes of inspecting and appraising it, all based upon the following: 1. The moving party herein is the Plaintiff. The Respondent herein is the Defendant. 2. During the marriage the parties purchased a residence at 7 Ascot Lane in Carlisle, Cumberland County, Pennsylvania, and that residence is the primary marital asset of the parties. 3. Plaintiff has attempted to have the residence appraised to determine its value for purposes of negotiating or litigation of the economic claims in this case. Defendant has not cooperated in that process and has, on at least one occasion, prohibited the appraiser selected by Plaintiff from inspecting the home. 4. Plaintiff believes it may be necessary for more than one inspection of the property, both to appraise the residence and, perhaps, to determine the cost of repairs or maintenance and, perhaps, to appraise the contents of the house. 5. Plaintiff believes it will be necessary for this court to issue an order granting her and her appraiser or other representatives access to the home to determine its reasonable market value. WHEREFORE, Plaintiff moves this court to enter an order in the form attached granting her and her representatives reasonable access to the marital residence for purposes of inspection and appraisal. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12m Street Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: 149 January 2006 Oe!!A k- - LAja..c_ k -"r Amy M. arkins Secretary for Samuel L. Andes :. -'y:.? i ri CAROL B. LAYTON, Plaintiff ) VS. ) WILLIAM A. LAYTON, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3094 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this / day of 2006, upon consideration of the attached Motion, a Rule is hereby issued upon the Defendant William A. Layton to show cause, if any he has, why the relief prayed for therein should not be granted. The Rule shall be served upon the Defendant or his attorney of record in this matter and shall be returnable DISTRIBUTION: Zo days from the date of service. Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 N. 12`" Street, Lemoyne, PA 17043 Karl E. Rominger, Esquire (Attorney for Defendant) 155 South Hanover Street, Carlisle, PA 17013 BY THE COURT, LO 5 `;? Z° 03J 9H1 CAROL B. LAYTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA V. No. 04-3094 CIVIL TERM CIVIL ACTION - LAW WILLIAM A. LAYTON, Defendant IN CUSTODY DEFENDANT'S ANSWER TO RULE TO SHOW CAUSE AND NEW MATTER AND NOW comes, William A. Layton, by and through is attorney, Karl E. Rominger, Esquire, and provides the following as Answers to Rule to Show Cause: Admitted. 2. Admitted. Admitted and Denied. It is admitted that Plaintiff has tried to have the marital residence appraised for economic claims. It is Denied, that Defendant has not cooperated in the process of having the marital property appraised. Defendant has agreed to have an appraiser come to the marital property. 4. Admitted. 5. Denied. WHEREFORE, Defendant moves that this court not grant Plaintiff access to the marital residence. NEW MATTER When the appraiser came, his boots were muddy and he refused to remove them before entry. The appraiser was recontacted by defendant and an appraisal took place on Friday, February 10, 2006. 8. This Petition as such is moot. WHEREFORE, Defendant moves that this court not grant Plaintiff access to the marital residence. Date: ' G Z/ Zak / Respectfully submitted, O ROMINGER, BAYLEY & WHARE arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant CAROL B. LAYTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA v. No. 04-3094 CIVIL TERM CIVIL ACTION - LAW WILLIAM A. LAYTON, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the Defendant's Answer to Rule to Show Cause upon the following by first class mail. Samuel L. Andes, Esquire 525 North 12`x' Street Lemoyne, PA 17043 Dated: ?1,G/ Z ZGU? Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant CAROL B. LAYTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA V. No. 04-3094 CIVIL TERM CIVIL ACTION - LAW WILLIAM A. LAYTON, Defendant IN CUSTODY ATTORNEY VERIFICATION Karl E. Rominger, ESQUIRE, states that he is the attorney for William A. Layton, Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: /f C i?j Z oG 6 27 - ( -- Karl E.Rominger, Esquire Attorney for Defendant ?..? ? `a -1 ,. . ?? ?.. CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for special relief, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. Petitioner and Respondent acquired, during their marriage, an interest in a 2004 Chevrolet Malibu. The vehicle was titled in both names and was clearly marital property. The reasonable value of the vehicle in February of 2006 was $10,000.00. 3. The vehicle was encumbered by a debt created by the parties to finance its purchase. The debt was owed by both parties and the balance owed on that debt in February of 2006 was approximately $12,000.00. 4. Petitioner was not able to pay the debt associated with the vehicle and Respondent did not wish to assume the debt or retake possession of the vehicle. As a result, Petitioner offered, through her attorney, to have her parents advance sufficient money to pay off and satisfy the debt which encumbered the title, so that the parties would own the vehicle free of that debt, and then sell the vehicle and use the proceeds to repay her parents the funds they advanced to clear the title to the vehicle. 5. Respondent, through his attorney, accepted Petitioner's proposal and agreed to cooperate in the sale of the vehicle so that Petitioner's parents could recover the money advanced to clear the title to the vehicle. Respondent's agreement to such arrangements was set out in a letter from his attorney to Petitioner's attorney, dated 10 February 2006, a copy of which is attached hereto and marked as EXHIBIT A. 6. In reliance upon the agreement reached by the parties, Petitioner persuaded her parents to advance the funds necessary to satisfy the debt which encumbered the title to the vehicle to obtain clear title to the vehicle so it could be sold. She did that and the debt was paid and satisfied. 7. After Petitioner's parents advanced the money and Petitioner satisfied the debt which encumbered the vehicle, Respondent refused to honor his prior agreement and cooperate in the sale of the vehicle, transfer the title of the vehicle to Petitioner or her family so they could sell it, or repay the money to Petitioner's parents which they advanced to clear the title. 8. As a result of the Respondent's failure to keep his promise regarding the vehicle, the vehicle cannot be sold and Petitioner cannot repay her parents the money they advanced to clear the title to the vehicle for its sale. WHEREFORE, Petitioner asks this court to order and direct as follows: A. Direct Respondent to execute the title to the vehicle so that Petitioner can take title and arrange sale of the vehicle; and B. Authorize Petitioner or her representatives to sell the vehicle and pay the entire proceeds of such sale to her parents to be applied to the debt which Petitioner and Respondent owe her parents on account of the money they advanced to clear the title to the vehicle; and C. Require Respondent to pay one half of any deficit between the funds received from the sale of the vehicle and the total amount, with interest, then owed to Petitioner's parents; and D. Award Petitioner her reasonable attorneys fees incurred in this process; and E. Order and direct such other action as the court deems appropriate or necessary. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ObA,j CAROL B. LAYT EXHIBIT A ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger Mark F. Bayley Michael J. Whare February 10, 2006 L 1 James I. Nelson Michael O. Palermo, Jr Leslie A. Tomeo Samuel L. Andes, Esquire 525 N. Twelfth Street P. O. Box 168, Lemoyne, PA 17043 Via First Class Mail and Fax: 761-1435 RE: William A. Layton Dear Sam: I have spoken with Mr. Layton this Friday afternoon. He has endeavored to meet with the appraiser, and the two of them have exchanged several phone messages. My understanding is the appraiser was able to contact Mr. Layton but he was at work and unable to speak with him, Mr. Layton will endeavor over this coming weekend to speak with the appraiser and schedule the appraisal as soon as possible. Obviously once the appraisal is completed we would expect that you could quickly make a decision as to how you feel about Mr. Layton's offer to settle. I note that under separate cover you had addressed a 2004 Chevy Malibu. My client informs me at least as of today the total debt owed on the vehicle is in the neighborhood of ten thousand dollars. If the twelve thousand dollar value is correct, it may be possible to sell it with either surplus or minimum money owed by either party. My client informs me that your client's parents own an automobile dealership. Perhaps they could sell the vehicle for the Layton's at the twelve thousand dollar value. Obviously we would not agree to the sell the vehicle for any amount which is substantially less then the current blue book value. However, if your client would prefer Mr. Layton would be happy to take the vehicle back and execute a private sale of his own with parties to be responsible for any short fall on an equal basis. Additionally, we have thought that if her parents could sell the car for at least what was owed on it, we would allow them, as a commission, to keep any surplus. 155 South Hanover Street; Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241.6878 www.romingerlaw.com ADVOCACY - ADVICE - ANSWERS Let me know your thoughts on the vehicle, and hopefully by Monday or Tuesday we will have an appraisal on the way. Thank you for your time and attention to this matter. Sincerely, Karl E. Rominger, Esquire KER/bab cc: William Layton r... _ L? CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant ORDER OF COURT JUN LF ?Y:__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE AND NOW this z o r day of JL? , 2006, a Rule is hereby issued upon the Respondent, William A. Layton, to show cause, if any he has, why the relief requested in the attached Petition should not be granted. The Rule shall be served upon Respondent's counsel of record and shall be returnable z O days from service. J. Distribution: /muel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 ,Karl E. Rominger, Esquire (Attorney for Defendant) v 155 South Hanover Street, Carlisle, PA 17013 k \D1 D BY THE COURT, ? " '>> ?? ;? i'{! ! ? ,''f" ".ill _? ?J?'?"? ??" 1_jil:? CAROL B. LAYTON, Plaintiff vs. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3094 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT Ii - COUNSEL FEES AND EXPENSES 2. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 3. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 4. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Samue L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: ?L? • CIO CAROL B. LAY i` -n y Nh CAROL B. LAYTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW WILLIAM A. LAYTON, NO: 043094 CIVIL TERM Defendant IN DIVORCE ANSWER TO RULE TO SHOW CAUSE AND NEW MATTER AND NOW, comes William A. Layton, by his counsel, Karl E. Rominger, Esquire, in response to Plaintiffs Petition for Special Relief avers as follows: 1. Admitted. 2. Admitted in part and Denied in part. Strict proof of the value of the car is demanded. By way of further answer Defendant/Respondent believes the value of the car may have been as high as $12,000.00 or $13,000.00. 3. Admitted. 4. Admitted in part and Denied in part. It is Denied that Petitioner was not able to pay the debt associated with the vehicle. It is Denied that the Respondent did not wish to retake possession of the vehicle. 5. Denied. Strict proof of the same is demanded at trial. By way of finther answer the letter speaks for itself. Further said letter had multiple possible settlement proposals none of which were every agreed upon. 6. Denied. Strict proof of the same is demanded at trial. By way of further answer, there was no agreement reached. Further this paragraph is a partial conclusion of law and as such no answer is required. 7. Denied strict proof of the same is demanded at trial. 8. Answering petitioner is without sufficient information to admit or deny this paragraph, thus strict proof is demanded at trial. WHEREFORE, Respondent asks this Court to deny Petitioner relief. NEW MATTER 9. Previous paragraphs are incorporated by reference. 10. Respondent offered to sell the car privately and satisfy the debt with said money and to split the surplus, Petitioner refused to agree. 11. Petitioner has sufficient assets to pay her parents back. 12. This matter is not proper for special relief, as there is no evidence that the immediate repayment of the parents is necessary, and further the values of any martial loans satisfied can be properly addressed before the Master. Date: July 11, 2006 Respectfully Submitted, Rominger & Whare K E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Defendant CAROL B. LAYTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILLIAM A. LAYTON, : NO: 04-3094 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, Attorney for Defendant, do hereby certify that I this day served a copy of the within Answer to Rule to Show Cause and New Matter upon the following by facsimile and United States First Class mail, Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pennsylvania 17043 Facsimile (717) 761-1435 Respectfully Submitted, Rominger & Whare Date: July 11, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant /N CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3094 CIVIL TERM IN DIVORCE 1 1 1 ' 1 _?I AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for a hearing on her Petition for Emergency Relief, representing to the court that the pleadings have been closed and the matter is now ripe for a hearing on the Petition. Ala"5 lop Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: 25 July 2006 aw"?M. ' Amy M kins Secretary for Samuel L. Andes 6 r CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3094 CIVIL TERM IN DIVORCE PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Reply to the Defendant's New Matter in response to her Petition for Emergency Relief regarding the sale of the motor vehicle: 9. No answer required. To the extent an answer is appropriate, Plaintiff incorporates herein, by reference, the averments in her original petition. 10. Denied as stated. The parties agreed that Plaintiff or her family would sell the vehicle to satisfy the debt. Defendant has now refused to cooperate with that arrangement. 11. Denied. Plaintiff does not have sufficient funds to pay the amount owed her parents for their generous assistance in paying off the car loan. 12. Denied. Each month that passes reduces the value of the vehicle as it ages and it is imperative that the vehicle be sold as promptly as possible to avoid that loss in value. Moreover, Plaintiff s parents have been without the funds they advanced to pay this loan and should be repaid without delay. WHEREFORE, Plaintiff prays this court to grant the relief requested in her Petition. 5? S el L. An es Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 7 /a 5 IQLg - SL. ANDES CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: `7? ?.5 0(o ?XVI.? ?` YYI, ?4.?11JL t _f1A Amy M. rkins Secretary for Samuel L. Andes JULZ8Z"y CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3094 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this 14t day of 2006, a hearing is hereby scheduled, to be held before the undersign , in Court Room No. drl' of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at o'clock'`- m. on . C.lii?fiJC?A.G? the A?' day of , 2006 on the Plaintiff s Petition for Emergency Relief relating to the dispositi n of a motor vehicle. Distribution: /Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168. Lemoyne, PA 17043 ,ka'd E. Rominger, Esquire (Attorney for Defendant) 155 South Hanover Street, Carlisle, PA 17013 4 BY THE COURT, A ` _. '. f.,{ ? ? (??i] ?p". {??? J .a . , , t ??'I ??? I `. f?,CF_ - - }: ? Ir -'% CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this z 7! day of ,d,'y , 2006, upon the stipulation of the parties, we resolved the matters raised in the Plaintiff's Petition for Special Relief which was scheduled for a hearing before the undersigned on August 16, 2006, as follows: The Defendant William A. Layton shall execute and acknowledge the title to the 2004 Chevrolet Malibu automobile which was the subject of the Petition. He shall execute and acknowledge the title and return it to the possession of the Plaintiff Carol B. Layton immediately upon her presentation of the title to him. io 2. Plaintiff, herself or by her representatives, are authorized sell the vehicle and pay to the parents of the Plaintiff from the proceeds the amount owed to them on account of the monies they previously advanced to pay the debt which encumbered the title to the vehicle. If the net proceeds of the sale of the vehicle are not sufficient to pay the full balance owed to Plaintiff's parents, all of the net proceeds shall be paid to them and they shall continue to have a claim against the parties for any unpaid balance. 3. Plaintiff shall provide Defendant or his attorney copies of the documents generated from the sale of the vehicle and the payment of the monies to Plaintiff's parents.. The value of the vehicle and the debts against it, including any debt owed to Plaintiff s parents, will be determined by the parties later as part of the equitable distribution claims in this matter. BY THE COURT, Distribuy'on: ,/Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12"' Street, Lemoyne, PA 17043 *frO ,iarl E. Rominger, Esquire (Attorney for Defendant) 155 South Hanover Street, Carlisle, PA 17013 25 lfl wv U SAV 90oz JkbIV10i',!u)Hi0dd 3HI 30 30!,-' O-CTIJ t CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE AND NOW come the above-named parties, by their attorneys who expressly represent to the court that they are authorized to make this stipulation on behalf of their clients, and stipulate and agree that the court shall enter the attached order to resolve the matters raised by Plaintiffs Petition for Special Relief which was scheduled for a hearing on August 16, 2006. Sam Pt 4 L. Ande , squire Attorney for Plaintiff 1?2 1 ------------ Karl E. Rominger, Esquire Attorney for Defendant Commonwealth of Pennsylvania County of Cumberland, ss: CAROL. B. LAYTON, Plaintiff ) vs. ) WILLIAM A. LAYTON, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2004-3094 CIVIL TERM Motion for Appointment of Master CAROL B. LAYTON, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (xxx) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Karl E. Rominger. 3. The statutory ground(s) for divorce islare: 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day or less. 7. Additional information, if any, relevant to the motion: it 0 C-)X [0 3? 2cob 'L Date Samuel L. A es Attorney for Plaintiff AND NOW, 2006, , Esquire, is appointed Master with respect to the following claims: divorce. BY THE COURT, J. ? ? ? ;a c ,._ ??_? -?ri ?._. ' `r, ?? . ? '"F" ?,F i r? - i ..... . ? `_ ?.?. ?? ; - ? ? t ?, . _ ?i.9-J ? -4r? T ? f ?W .. ip CAROL B. LAYTON, Plaintiff vs. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AMY M. HARKINS, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Plaintiff herein. 2. That on 31 August 2006, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. 7004 0750 0002 7282 4079) return receipt requested, addressed to the Defendant herein, a true and correct copy of the Complaint in Divorce filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Defendant on 5 September 2006. Amy M. arkins Sworn to and subscribed before me this 10TH day of OCTOBER 2006. Notary Public _ 4%1 t" B*wMA C9A0YW10KL- FO ¦ Complete items l,2, and 3. Also complete item 4 if Restricted Delivery is desired. rfPrint your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Karl E. Sominger, Esquire 155 South Hanover Street Carlisle, PA 17013 A. Sig / A, ? Agent ? Addressee B. Received by( Printed Name) C. Date of Delivery Lt Elacrr 9-? aG D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Artible Number 7004 0750 0002 7282 4079 (Transfer from ser PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 EXHIBIT A 4i Commonwealth of Pennsylvania County of Cumberland, ss: CAROL. B. LAYTON, Plaintiff ) vs. ) WILLIAM A. LAYTON, ) Defendant ) OCT 12 2006 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2004-3094 CIVIL TERM Motion for Appointment of Master CAROL B. LAYTON, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (xxx) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Karl E. Rominger. 3. The statutory ground(s) for divorce is/are: 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day or less. 7. Additional information, if any, relevant to the motion: It b C `b Date Samuel L. Antes Attorney for Plaintiff AND NOW, 2006, Esquire, is appointed Master with respect to the following claims: divorce. BY T COU T ?? J. t^.7 ?a „ y_D C? op, CAROL B. LAYTON, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, :PENNSYLVANIA V. : No. 04-3094 CIVIL TERM CIVIL ACTION - LAW WILLIAM A. LAYTON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 0-7 ?-Z A William A. Layton ° ? -? ?' -n ?" --? ""? fls ? ? 5: ..}1. , S?i4l. .- "Q ? ir' r? : N .. -yam. y ? {,? ? ? CAROL B. LAYTON, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, :PENNSYLVANIA V. : No. 04-3094 CIVIL TERM CIVIL ACTION - LAW WILLIAM A. LAYTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Date: i- 1b7 w A- William A. Layton, Defen t N d o"Ct p ? ^1'1 'C7 In ? ? " Yt r '7 c n CAROL B. LAYTON, Plaintiff VS. . WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 3094 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this !? day o , 2007, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated April 17, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, 1 A Edgar B. Bayley, P.J. cc: / amuel L. Andes Attorney for Plaintiff /arl E. Rominger Attorney for Defendant J . oh/ E.t_t C-) Cam) _ c"-,r Z PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this IT-1' day of y-? , 2001, is by and between: WILLIAM A. LAYTON of 7 Ascot Lane in Carlisle, Pennsylvania, hereinafter referred to as "Husband"; and CAROL B. LAYTON of 63 Partridge Circle in Carlisle, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 7 October 1995 in Carlisle, Pennsylvania and are the parents of one minor child: Rachel G. Layton, born 18 February 2001 (hereinafter referred to as "child"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2004-3094 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Karl Rominger, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, 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: 1. CHILD CUSTODY AND CHILD SUPPORT. This Agreement makes no provision for the custody or support of the parties' minor daughter, Rachel G. Layton. Those matters are the subjects of orders previously entered in a custody action and a support action between the parties and the parties agree that claims relating to the custody and support of their daughter shall be resolved in those actions. Each of the parties reserves onto themselves all of their claims, remedies, and defenses in those actions. Page 1 of 7 Z 2. DEED IN ESCROW UNTIL CONSENTS FILED. Wife covenants and agrees to convey to Husband, as his sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 7 Ascot Lane in Carlisle, Cumberland County, Pennsylvania, subject, however, to all liens, encumbrances, easements, and restrictions presently existing thereon. In furtherance of this Agreement, Wife represents that she has, as of the date of this Agreement, executed, acknowledged, and delivered to her attorney, a deed to said real estate, conveying the same as above described to Husband, and agrees that said deed shall be held in escrow by her attorney until such time as Husband arranges to refinance the debt secured by a mortgage or other lien against the property, in accordance with Paragraph 3 hereof, at which time she authorizes her attorney to deliver the Deed to Husband's attorney or such other person as reasonably required to complete the refinancing to obtain Wife's unconditional release from that debt. Husband shall be responsible to pay and satisfy, in accordance with their terms, all debts, expenses, taxes, assessments, and liabilities arising out of his occupancy of the property since the separation of the parties in August of 2004 and shall further indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay such items as they become due. 3. LIEN AGAINST RESIDENCE. Husband shall, within ninety (90) days of the date of this Agreement, refinance or otherwise satisfy or obtain Wife's unconditional release from the debt or debts which are secured by a mortgage or any other lien against the property. Husband shall, within ninety (90) days of the date of this Agreement, supply written verification to Wife's attorney that such debt has been satisfied or that Wife has otherwise been unconditionally released from any liability thereunder. 4. CASH PAYMENT. The parties acknowledge that Husband has previously paid Wife the sum of Five Thousand ($5,000.00) Dollars, as an advance against the equitable distribution of marital property. Husband shall pay to Wife, on or before the date she or her representative delivers the Deed to the residence to Husband or his representative, in accordance with Paragraph 2 hereof, the additional sum of Forty Three Thousand ($43,000.00) Dollars, in cash or certified funds. The parties agree that such payment shall be treated by both of them as part of the equitable distribution of their marital property. 5. DEBT OWED TO WIFE'S PARENTS. The parties acknowledge that Wife's parents advanced funds to them to pay off debts owed by the parties which were secured by an encumbrance on the title to the 1998 Chevrolet Malibu automobile owned by the parties and that the sale of that vehicle generated insufficient funds to pay the costs of the sale and to repay Wife's parents the funds they advanced for the parties. Wife shall pay any additional amount owed to her parents to satisfy the obligation owed by the parties to Page 2 of 7 her parents, or the claim of her parents against the parties, and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to promptly pay that sum owed to her parents to obtain the release of both parties from that obligation. 6. HUSBAND'S VEHICLE. The parties acknowledge that Husband owns a 2002 Chevrolet pickup truck which is titled in both names but which is not subject to any debt or encumbrance. Husband shall prepare and submit to Wife the documents necessary to transfer the ownership and title of that vehicle to Husband and Wife shall cooperate with Husband to transfer the title to him promptly after the execution of this Agreement. 7. RETIREMENT PLANS. The parties acknowledge that Wife owns an account within the 401 (k) Plan with Carlisle Syntech and that Husband owns an IRA with MSF Financial Services. Each of the parties, being aware of those accounts and assets, does hereby waive any release any claim to the asset currently held in the name of the other and confirms the account to be owned by the person in whose name it is currently titled free of any further claim by the other party. 8. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 9. WAIVER OF ALIMONY SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Page 3 of 7 Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, 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. 12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the Page 4 of 7 date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 14. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 15. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their Page 5 of 7 rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 16. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 17. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 18. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 19. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. -VVitness WILLIAM A. LAYTON W%?'t .1, Wit CAROL B. LA N Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) On this, the I-TI"day of !? Pr11 , 2007, before me, the undersigned officer, personally appeared WILLIAM A. LAYTON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammie L. Peters, Notary Public South Middleton Twp., Cumberland County My Commission Expires Sept. 9, 2007 Member, Pennsylvania Association Of Notaries f \\ y Commissio xpires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ( SS.: On this, the I'1 day of PreAI L , 2007, before me, the undersigned officer, personally appeared CAROL B. LAYTON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L=6?-e? My Commission Expires: LYNN a Page 7 of 7 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I !}?, "` day of???? , 200, is by ?I and between: WILLIAM A. LAYTON of 7 Ascot Lane in Carlisle, Pennsylvania, hereinafter referred to as "Husband'; and CAROL B. LAYTON of 63 Partridge Circle in Carlisle, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 7 October 1995 in Carlisle, Pennsylvania and are the parents of one minor child: Rachel G. Layton, born 18 February 2001 (hereinafter referred to as "child"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2004-3094 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Karl Rominger, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, 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: 1. CHILD CUSTODY AND CHILD SUPPORT. This Agreement makes no provision for the custody or support of the parties' minor daughter, Rachel G. Layton. Those matters are the subjects of orders previously entered in a custody action and a support action between the parties and the parties agree that claims relating to the custody and support of their daughter shall be resolved in those actions. Each of the parties reserves onto themselves all of their claims, remedies, and defenses in those actions. Page 1 of 7 2. DEED IN ESCROW UNTIL CONSENTS FILED. Wife covenants and agrees to convey to Husband, as his sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 7 Ascot Lane in Carlisle, Cumberland County, Pennsylvania, subject, however, to all liens, encumbrances, easements, and restrictions presently existing thereon. In furtherance of this Agreement, Wife represents that she has, as of the date of this Agreement, executed, acknowledged, and delivered to her attorney, a deed to said real estate, conveying the same as above described to Husband, and agrees that said deed shall be held in escrow by her attorney until such time as Husband arranges to refinance the debt secured by a mortgage or other lien against the property, in accordance with Paragraph 3 hereof, at which time she authorizes her attorney to deliver the Deed to Husband's attorney or such other person as reasonably required to complete the refinancing to obtain Wife's unconditional release from that debt. Husband shall be responsible to pay and satisfy, in accordance with their terms, all debts, expenses, taxes, assessments, and liabilities arising out of his occupancy of the property since the separation of the parties in August of 2004 and shall further indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay such items as they become due. 3. LIEN AGAINST RESIDENCE. Husband shall, within ninety (90) days of the date of this Agreement, refinance or otherwise satisfy or obtain Wife's unconditional release from the debt or debts which are secured by a mortgage or any other lien against the property. Husband shall, within ninety (90) days of the date of this Agreement, supply written verification to Wife's attorney that such debt has been satisfied or that Wife has otherwise been unconditionally released from any liability thereunder. 4. CASH PAYMENT. The parties acknowledge that Husband has previously paid Wife the sum of Five Thousand ($5,000.00) Dollars, as an advance against the equitable distribution of marital property. Husband shall pay to Wife, on or before the date she or her representative delivers the Deed to the residence to Husband or his representative, in accordance with Paragraph 2 hereof, the additional sum of Forty Three Thousand ($43,000.00) Dollars, in cash or certified funds. The parties agree that such payment shall be treated by both of them as part of the equitable distribution of their marital property. 5. DEBT OWNED TO WIFE'S PARENTS. The parties acknowledge that Wife's parents advanced funds to them to pay off debts owed by the parties which were secured by an encumbrance on the title to the 1998 Chevrolet Malibu automobile owned by the parties and that the sale of that vehicle generated insufficient funds to pay the costs of the sale and to repay Wife's parents the funds they advanced for the parties. Wife shall pay any additional amount owed to her parents to satisfy the obligation owed by the parties to Page 2 of 7 her parents, or the claim of her parents against the parties, and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to promptly pay that sum owed to her parents to obtain the release of both parties from that obligation. 6. HUSBAND'S VEHICLE. The parties acknowledge that Husband owns a 2002 Chevrolet pickup truck which is titled in both names but which is not subject to any debt or encumbrance. Husband shall prepare and submit to Wife the documents necessary to transfer the ownership and title of that vehicle to Husband and Wife shall cooperate with Husband to transfer the title to him promptly after the execution of this Agreement. 7. RETIREMENT PLANS. The parties acknowledge that Wife owns an account within the 401 M Plan with Carlisle Syntech and that Husband owns an IRA with MSF Financial Services. Each of the parties, being aware of those accounts and assets, does hereby waive any release any claim to the asset currently held in the name of the other and confirms the account to be owned by the person in whose name it is currently titled free of any further claim by the other party. 8. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 9. WAIVER OF ALIMONY SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Page 3 of 7 Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, 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. 12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the Page 4 of 7 date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 14. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 15. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their Page 5 of 7 rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 16. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 17. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 18. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 19. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ?--- w A fitness WILLIAM A. LAYTON Wit CAROL B. LAYTOHkj 11 Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the r-141%day of I?QT 1 t , 2007, before me, the undersigned officer, personally appeared WILLIAM A. LAYTON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammie L. Peters, Notary Public South Middleton Twp., Cumberland County My Commission Expires Sept. 9, 2007 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f y Commissio xpires: ( SS.: On this, the I'l day of prp/ZI L. , 2007, before me, the undersigned officer, personally appeared CAROL B. LAYTON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ,:721W Page 7 of 7 _ j `?i 4OF on aw? CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3094 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 June 2004 and served within thirty days of that date. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. to I 'L I Q-7 OmDue rlo,-tAg?m Dated: CAROL B. LAYTO o c ° i rr, N "?=s CAROL B. LAYTON, Plaintiff VS. WILLIAM A. LAYTON, Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE Please withdraw all economic claims filed in the above proceeding, including claims for equitable distribution and counsel fees and expenses. Date: 12 c j ,,4 o ?- ? By Samuel L. Andes Attorney for Plaintiff o O ISO CAROL B. LAYTOIN, Plaintiff VS. WILLIAM A. LAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3094 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Acceptance of Service by counsel on or about 28 July 2004. 3. Completeeither Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff:: 4 June 2007 by Defendant: 17 April 2007 (b) (1) Date of execution of the Affidavit required by Section 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 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 4 June 2007, filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated 17 April 2007, filed 24 April 2007. Date: Z y`x? 2jo BY Samuel L. Andes Attorney for Plaintiff C? °c? O -,-,? r ? : ? r?z ?.?- - - .: .? --??c;? J . tv ` ??? {., .. ? ??? a -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CAROL B. LAYTON, Plaintiff VERSUS WILLIAM A. LAYTON, Defendant No. 04-3094 DECREE IN AND NOW, DIVORCE I 2007 IT IS ORDERED AND CAROL B. LAYTON PLAINTIFF, WILLIAM A. LAYTON ,DEFENDANT, DECREED THAT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR I THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; VOW The Property Settlement Agreement of the parties, dated 17 April 2007 and a hereto, mehed is incorporated into, but shall not oneige with, this decr PROTHONOTARY Lo- d 7 dab/- 7