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HomeMy WebLinkAbout01-2716 KIMBERLY L. SEYBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CRAIG A. SEYBERT, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT,~ 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 wamed that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property of other dghts important to you, including the 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 at the Office of the Prothonotary. 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 717-249-3166 KIMBERLY L. SEYBERT, .' IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. o I- : CRAIG A. SEYBERT, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCF AND NOW comes the Plaintiff, Kimbedy L. Seybert, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Kimberly L. Seybert (SS# 206-56-9649), an adult individual, currently residing at 917 Sheffield Avenue, Mechanicsbu~g, Cumberland County, Pennsylvania, 17055. 2. Defendant is Craig A. Seybert (SS~ 199-55-7636), an adult individual, currently residing at 2601 Shingus Circle, Grantham, Cumberland County, Pennsylvania, 17027. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on February 6, 1993, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There was one child bom of this marriage: Kyle H. Seybert (DOB 8/22/93). Count I - Divorce 8. The allegations of Paragraphs 1 through 7 are incorporated herein by reference and made a part hereof. 9. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 10. The marriage is irretrievably broken, and the parties am proceeding under Section 3301(c) of the Divorce Code. In the alternative, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count II - Eaultable Distribution 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as if set forth at length. 13. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was othenvise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III - SDOm:=_! S u _n _n _-, .,t and/or AIImo7.-; Pendente Lite and Permanent AIImon~, 14. The allegations in Paragraph 1 through 13 ara incorporated herein by reference and made a part hereof. 15. Plaintiff is unable to sustain herself during the course of this litigation. 16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 17. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony ~ in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support and/or alimony ~ until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel F_,~__-. ; y _~_ .-_ _. =_ _. and C~,;__- of Sul( 18. The allegations of Paragraphs 1 through 17 are incorporated herein by reference and made a part hereof. 19. Plaintiff has retained an attorney to prosecufe this action and has agreed to pay him a reasonable fee. 20. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 21. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 22. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final headng and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. RESPECTFULLY SUBMI'I-FED, 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011 Date: ~!~,1~ (717)761-8101 i vedfy that the statements made herein 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. Kimbert~.. Seybert Date: KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : : CUMBERLAND COUNTY, PENNSYLVANIA ¥. : : CIVIL ACTION - LAW CRAIG A. SEYBERT, : 01-2716 CIVIL TERM DEFENDANT : IN DIVORCE ACCEPTANCE OF SERVICE I, Douglas G. Miller, Esquire, attorney for the defendant in the above-caplioned action, hereby agree to accept service of the Complaint in Divorce in the above-captioned case, Docket Number 01-2716 Civil Term, which was filed on May 4, 2001. By: Douglas G. squire Dougla, G_. ~lll~_ e_r, _E_,~q _~__e_ _ Supreme Court I.D. No. 83776 Irwin, McKuight & Hughes 60 West Pomfret Sireet Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant, Craig A. Seybert Date: May 11, 2001 KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : NO. 01-2716 CIVIL TERM : CRAIG A. SEYBERT, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2001. 2. The marriage of Plaintiff and Defendant Is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUES'F ENTRY OF A DIVORCE DECREE UNDER SECTION $30¶~©~ OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I undemtand that I may lose rights concerning alimony, division of prope~ ty, 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 herein am true and correct. I understend that false statements herein am made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ~ Kimberly.~.~S~yb~rt KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : : No. 2001 - 2716 CIVIL TERM CRAIG A. SEYBERT, : Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2001. 2. The marriage ofplaintiffand defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. C~t~IG A. SEYBERT Defendant CRAIG A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : CIVIL ACTION - LAW : No. CIVIL TERM KIMBERLY L. SEYBERT, : Defendant : IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Defendant KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : NO. 01-2716 CIVIL TERM : CRAIG A. SEYBERT, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Counts II, III and IV of Plaintiff's Complaint in Divorce filed on May 4, 2001, in above-captioned matter. RESPECTFULLY SUBMI'I-I'ED, Chades Rector, Esquire 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 781-6101 Attomey for Plaintiff Date: ~ FROM : Charles Rector, Esq. PI431,E 140. : 717+76~+216! Oct. L~ 2~3 10:071~1 P~ Law Offices of Charles Rector, Esquire, P.C. 1 ! 04 Femwood Avenue, Sic. 203 Camp Hill, PA 17011-6912 u,m~v.char tmJrector.com Tammy B. Faust (717) 761-8101 Paralegal Fax (717) 761-2161 October 22, 2003 Vie Fax 24.~-6354 Douglas G. Miller. Es;luim I~vin, Mci<night & Hughes 60 West Pomfret Street Carlisle, PA 17013 RE: 8®ybert v. Se)bert No. ~1-~716 Civil Term Dear Attorney Miller: This letter confirms that the Pm-Hearing Conference scheduled in the above. referenced matter before the Cumberland County Divorce Master will begin at 10:00 a,m. on Tuesday. October 28, 2003, Thank you for your consideration. If you have any questions, please feel free to mntact me. Very truly yours, Charles Rector CPJtsf cc: E. Robert EIIcker, II, Esquire KIMBERLY A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION- LAW : CRAIG A. SEYBERT, : Defendant : NO. 01-2716 CIVIL TERM ORDER OF COURT AND NOW, this 2"d day of July, 2003, upon consideration of Defendant's Motion to Compel Plaintiff To Produce Documents and Respond to Interrogatories, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT,  "Wesley Olef-~r~., J. Charles Rector, Esq. 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Plaintiff Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant 're KIMBERLY A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : 2001 - 2716 CIVIL TERM CRAIG A. SEYBERT, : Defendant : IN DIVORCE DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO PRODUCE DOCUMENTS AND RESPOND TO INTERROGATORIES AND NOW this _~t~day of June, 2003, comes the Defendant, CRAIG A. SEYBERT, by and through his attorneys, Irwin, McKnight & Hughes, and hereby moves this Court to enter an Order pursuant to Pa.R.C.P. No. 4019, directing Plaintiff, KIMBERLY A. SEYBERT, to answer Defendant's Requests to Produce Documents and respond to Defendant's Interrogatories or suffer sanctions, and in support thereof avers as follows: 1. The action was instituted by Complaint filed on May 4, 2001, which was properly served upon the Defendant through his attorney on May 1 i, 2001. 2. On April 29, 2003, Defendant sent his initial Requests for Production of Documents by Defendant and Interrogatories pursuant to Pa.R.C.P. 4009.1. A true and correct copy of Defendant's cover letter dated April 29, 2003 is attached as Exhibit "A". 3. Pursuant to Pa.R.C.P. No. 4009.12(a), Plaintiff's productions and objections, if any, were due on or about May 29, 2003. 4. Plaintiff did not provide any documents or objections, or otherwise attempt to contact counsel for Defendant to request any extensions to file responses. 5. On June 12, 2003, a letter was sent to counsel for Plaintiff requesting a response to Defendant's discovery requests. A Irue and correct copy of said letter is attached as Exhibit 6. No contact from Plaintiff or her counsel has been forthcoming. 7. In total, two (2) months have elapsed since the initial discovery requests were served upon the Plaintiff. 8. For the foregoing reasons, Defendant believes and avers that Plaintiff will not produce the documents requested or respond to the Interrogatories absent an Order of Court pursuant to Pa.R.C.P. No. 4019(a)( 1 ). WHEREFORE, Defendant requests that the Court enter an order directing Plaintiff, KIMBERLY A. SEYBERT, to furnish all documents identified in Defendant's Request for Production of Documents and respond to Defendant's Interrogatories and fully comply with said request within ten (I0) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully Submitted, IRWIN, MeKNIGHT & HUGHES By: ~ Suprem~ .D. No. 83776 West Pomfi'et Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: June ~ 2003 Attorney for Plaintiff Craig A. Seybert LAW OFFICES IR WIN Mc_KNIGHT & HUGHES I~EST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET RO~£R 8./RJlT,¥ CARLISLE. PENNSYLVANIA 17013-3222 JdMEE D. HL'6HE$ (717) 249-2353 IRWL~,~ IR~'I.¥ April 29, 2003 CHARLES RECTOR, ESQUIRE 1104 YERaNWOOD AVENUE, SUITE 203 CAMP HILL, PA 17011-6912 RE: SEYBERT v, SEYBERT ..... No. 2001 - 2716, In Divorce Dear Attorney R~tor: Enclosed please find one (1) original and one copy of Defendant's Interrogatories to Plaintiff as well as Defendant's Request for Production of Documents in regard to the above- referenced matter. I look forward to receiving the responses to these documents. If you have any questions or would like to discuss this matter, please feel free to contact me. Very truly yours, IRWIN, McKNIGHT & HUGHES DGM:tds Enclosures cc: Craig A. Seybert (w/encls) ~x~[BIT "B~ LAW OFFICES IRWIN McKNIGHT & HUGHES .... ' WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER~/R~f'IN CARLISLE, PENNSYLVANIA 17013-3222 IIa.~OtD$.IRWI.V (192.~.1~?~I June 12, 2003 CHARLES RECTOR, ESQUIRE 1104 FERNWOOD AVENUE, SUITE 203 CAMP HILL, PA 17011-6912 RE: SEYBERT v. SEYBERT No. 2001 -2716, In Divorce Dear Attorney Rector: Enclosed please find Defendant's Answers to Plaintiff's Interrogatories - First Set. I have not yet received your responses to Defendant's discovery requests. Ill do not receive your responses within the next ten (I0) days I will be filing the necessary documents for sanctions. Thank you for your attention to this matter. Very truly yours, IRWIN, McKNIGHT & HUGHES DGM:tds Enclosure cc: Craig A. Seybert (w/enc) CERTIFICATE OF SER¥1CE I, Douglas (3. Miller, Esquire, do hereby certify that I have served a t~ue and correct copy of the foregoing document upon the persons indicated below by fu'st class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CHARLES RECTOR, ESQUIRE 1104 FERNWOOD AVENUE SUITE 203 CAMP HILL, PA 17011 Date: June 27, 2003 IRWIN, McKNIGHT & HUGHES Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (7 i 7) 249-2353 Attorney for Plaintiff KIMBERLY A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, : Defendant : IN DIVORCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant DATE: Friday, April 4, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE:  what information is required that is not Outline complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ~nterro~atories addressed to Defendant forwarded to Att. Miller on April 14, 2003. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. KIMBERLY A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, : Defendant : IN DIVORCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant DATE: Friday, April 4, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. I~X L"IE COURT OF COI~-ON PLEAS C.!:' Plaintiff : : NO. 2001-W ~ Defendant : ~.~ ~_ g~h~.~ (~) (Pefeuda=c), moves the cour: a ~scar ~:h cespecc co the follo%~ cla1~: (X) Divo=ce (X) DisC=i~ucian' af ProperS' ( ) )~ ( ) Cou~el Fees ( ) ~ony Pendenca Li~a ( ) Costs ~ (1) D~aave~ is co~.leca as co the c!a~s(s) far whiah (2) ~e defe=~nc (has) (~ app~re~ ~ the acciou (~) (b'! h~ ac:o~ey, Do,,~l-~ C. ~ller ,Esquire). (3) ~e scacu=o~ ~:ound(s) f~c divorcm (~) (ara) and' 3301 ~. ~e ac.ton is hoc concascm~. c!s~1: dis=r~b~t~ of ~r~cal asse~s and (6) ~e h~r~g is ~ecce~ co cake 1/2 (7) A~!cional ~fo~c~cn, i~ ~7. r~!ev~c co =he cocoon: N/A. Dace: ~ O~ER ~?0%}ITLNG ~'~.S~?, ~uglas O~ ~ller, ~quire By the KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL ACTION - LAW : : NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, : Defendant : IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of October, 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/1/03 E. Robert Elicker, II Divorce Master KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL ACTION - LAW : : NO. 01 - 2716 CIVIL CRAIG A. SEYBERT, : Defendant : IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Charles Rector , Attorney for Plaintiff Douglas G. Miller , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 27th day of October 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/3/03 E. Robert Elicker, II Divorce Master KIMBERLY A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : 2001 - 2716 CIVIL TERM CRAIG A. SEYBERT, : Defendant : IN DIVORCE PRE. TRL4L $T~4 TEMENT AND NOW comes the Defendant, CRAIG A. SEYBERT, by and through his attorneys, Irwin, McKnight & Hughes, and files this Pm-Trial Statement as required by Rule 1920.33 of the Pennsylvania Rules of Court, setting forth as follows: I. MARITAL ASSETS: See Inventory and Appraisement attached as Exhibit "A" for specific valuations. A. Real Estate: On or about July 28, 1993, the parties purchased the marital residence for $85,000.00. Plaintiff moved from the marital residence with the parties' minor son, who will soon turn 10, at the date of separation. Defendant continues to reside in the marital residence. B. Furniture and Persnn~! Prouerty: Much of the personal and household property of the parties has been divided by mutual agreement. According to Plaintiff, some items of personal and household property remain undivided and in the possession of Defendant. II. EXPERT WITNESSES: A. Experts may be involved for the valuation of Plaintiff's retLn~ment benefits, the marital residence and perhaps other tangible personal property. III. WITNESSES: A. Craig A. Seybert: will testify as to the marital assets existing at the time of separation and other factors affecting distribution. B. Defendant reserves the right to call additional witnesses as needed. IV. EXHIBITS: A. Income and Expense Statement. B. Appraisals as necessary. C. Tax returns of Plalntiffand Defendant. D. Pay stubs and other income statements of Plaintiffand Defendant. E. Bank account statements of Plalntiffand Defendant. F. Credit card statements and summaries of payments by Defendant. V. INCOME AND EXPENSES: A. Plaintiff's Income: Plaintiffis employed full-time as a secretary with the Mechaniesburg Area School District. According to her paystnb ending June 13, 2003, Plaintiff had gross earnings of $14,913.10 at the time for the year 2003. It is believed that Plaintiff receives or has available health insurance coverage through her employment. B. Defendant's Income: Defendant is employed full-time by Advanced Communications Agency, Inc., 2950 Jefferson Street, Harrisburg, PA 17110. His regular hourly wage is $18.00 and overtime wage when available is $27.00. According to his paystnb ending April 12, 2003, Defendant has gross earnings of $13,496.58. Defendant has health insurance coverage available which is paid for in part by contributions withdrawn from his paystub. An Income & Expense statement will be provided by Defendant prior to hearing. VI. PENSION: See Inventory and Appraisement attached as Exhibit "A." VII. MARITAL DEBT: See Inventory and Appraisement attached as Exhibit "A." VIII. ALIMONY: Defendant does not believe that Plaintiff is entitled to any alimony. IX. PROPOSED RESOLUTION: It is the Defendant's belief that the assets and debts of the parties should be divided equally with Defendant receiving credit for the significant payments he has made toward the parties' debt since the date of separation. Respectfully submitted, IRWIN, MeKNIGHT & HUGHES Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Craig A. Seybert Date: August 19, 2003 3 ~ENTORY & APPRAISEMENT ASSETS Item Description Names of Number of ~_.~.~__.~_.r~ Value all Owners .Lien 1. Marital Residence $92,500.00 Joint $67,869.00 - approx. 2601 Shingus Circle approx, date of separation amount Grantham, PA 17027 to Washington Mutual 2. 1995 Plymouth Neon $1,500.00 Joint (Trade in allowance 1/16/02) 3. 1997 Dodge Ram Vehicle was under lease Joint at Date of Separation 4. Joint Savings / Checking Account Values at Date of Separation to be Members 1~t FCU supplemented prior to hearing 5. Members 1 '~ FCU $2,697.77 Wife (4/30/01 - Post Separation) 6. Public School Employees' Retirement Plan $4,052.40 Wife (as of 6/30/01) 7. Edward Jones Retirement Account $1,788.46 Wife DEBTS ~efl_.~_g_e_e_e_e_e~ A mx. DOS Value Owners 1. First USA Visa $6,532.00 Joint 2. AT&T Universal Card $8,563.00 Joint (Account closed 12/14/01) 3. BJs Wholesale $1,820.64 Husband 4 4. Capital One $5,495.24 Husband 5. Discover Card $9,567.35 Joint 6. Home Depot $3,158.54 Joint 7. Lowe's $2,358.82 Joint 8. Sears $3,372.63 Husband 9. Chase Visa Gold $12,147.57 Joint (Toys R Us) 10. The Bon Ton $544.31 Wife 11. Boscov's $375.82 Wife (8/31/00) 12. Hecht's $132.24 Wife TOTAL DEBTS $54,068.16 (Date of Separation) Exhibit "A" : IN THE COURT OF COMMON PLEAS OF KIMBERLY L. SEYBERT : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : CRAIG A. SEYBERT : NO. 01 - 2716 : : IN DIVORCE ORDER AND NOTICE SETTING HEARINC TO: Kimberly L. Seybert , Plaintiff Charles Rector , Counsel for Plaintiff Craig A. Seybert , Defendant Douglas G. Miller , Counsel for Defendant You are directed to appear for a hearing to take testimony'~on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 13th day of January , 2004 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By' t~ George E. Hoffer, President Judge Date of Order and Notice: I 0/?~/03 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 ~E TELEPHONE (717) 249-3166 STIMONY WILL BE LIMITED TO THE FACT ~_.. y. OR OF MARITAL MISCONDUCT A THAT FACTOR MAY AFFECT WIFE'S ALIMONY CLAIM. S KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01 - 2617 CIVIL CRAIG A· SEYBERT, : Defendant : IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, October 28, 2003 Present for the Plaintiff, Kimberly L. Seybert, is attorney Charles Rector, and present for the Defendant, Craig A. Seybert, is attorney Douglas G. Miller. The parties were married on February 6, 1993, and according to wife separated March 23, 2001. Husband claims that the separation occurred March 25, 2001. There is a minor child of this marriage who currently lives with wife. The complaint in divorce was filed on May 4, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The parties are directed to have the affidavits and waivers available for signature at the hearing to be scheduled in this matter on the factor of marital misconduct. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and counsel fees and costs. Counsel have indicated that there will be testimony on the factor of marital misconduct. A separate hearing is going to be scheduled on that factor. Husband has indicated that he will have two or more witnesses; wife's counsel has indicated that wife will be testifying on her behalf. However, the Master directs that both counsel provide each other a list of witnesses one month prior to the hearing to be scheduled and if there is a change to the witnesses list, the Master and opposing counsel are to be advised prior to the hearing. Wife is 29 years of age and resides at 917 1 Sheffield Avenue, Mechancisburg, Pennsylvania, with her parents and the minor child. She is a high school graduate and works as a secretary at the Mechanicsburg Area School District. The most recent net monthly income figures we have are in December 2001 and counsel is directed to provide a current income statement for wife to be presented at the hearing scheduled on the marital misconduct issue. Wife has not raised any health issues. Husband is 34 years of age and resides at 2601Shingus Circle, Grantham, Pennsylvania, where he lives alone. Husband has a high school diploma and is employed at Advanced Communication Agency, Inc. His counsel is directed to provide a net monthly income statement at the hearing to be scheduled on marital misconduct. Husband has not raised any health issues. The parties own a parcel of real estate at 2601 Shingus Circle, Grantham, Pennsylvania, where husband is residing. Husband claims the property is worth $92,500.00; wife has placed a value of $85,000.00 on the home. The home is encumbered with a mortgage in favor of Washington Mutual. The payoff is around $67,800.00. An updated payoff statement should be provided. With respect to the value of the house, wife wishes the house to be sold; husband wants to remain in the house. If we are going to use the house as an asset against which we will offset other assets and credits, we will probably need to have the house appraised Wife had a 1995 Plymouth Neon. That vehicle was traded on another vehicle and the trade-in value was $1,500.00. The 1997 Dodge Ram is subject to a lease arrangement. We need to have values for the Members 1st checking and savings accounts and updated values for wife's Public School Employees' Retirement Plan which would include interest accretions but not contributions from the date of separation. Likewise, we need similar information for wife's Edward Jones retirement account. The household tangible personal property has previously been divided. In the pretrial statements wife has requested a few items of tangible personal property to include the rose heart chair and piano. It is the Master's understanding that we will not use values for the household tangible personal property in the equitable distribution computation but if that changes then both parties need to provide an appraisal of the tangible personal property so 2 that we can use those values in the distribution of the total marital estate. The marital debts have been listed in the pretrial statements which at the time were in excess of $50,000.00. Husband claims that he has made payment on account of those debts in the amount of approximately $14,000.00 and would like to have credit for payments he has made since the date of separation. The Master is going to let each counsel go on the record to state his client's position with regard to the issue of equitable distribution with respect to the house, offsetting assets and credit on marital debt. Mr. Rector, would you go on the record and state your client's position as to her wanting to have the marital residence sold and the reasons therefor. MR. RECTOR: Yes. Mrs. Seybert request that the marital home be sold and that the proceeds be divided and applied towards the joint marital debt remaining. The existing debt as of the date of this pre-hearing conference exceeds the equity not only in the home but in the remaining marital assets. Our position is to do anything other than order the sale of the home where the debt exceeds the equity is reversible error as a matter of law and we request that that be done. If that were the order of this Master following the hearing, I anticipate that my client would then agree to settle all remaining aspects of the case very very quickly. THE MASTER: Do you want to address, Mr. Rector, your concern about the bankruptcy aspects of this debt in conjunction with the marital home issue? MR. RECTOR: Yes. To the extent that the 3 Divorce Master is requested to award the home to the Defendant, the Divorce Master is then placed in a position of assigning marital debt both to Mr. and Mrs. Seybert. The difficulty arises where following the award of debt to Mr. Seybert and Mrs. Seybert, Mr. Seybert would then be in a far more advantageous position to file for bankruptcy to absolve himself of the joint marital obligations assigned to him and the result would be Mrs. Seybert being without the home and without a tangible marital assets against which to secure a loan for the amount of debt awarded to her. In addition, Following the award of a major asset such as the home to husband, to the extent that husband exercises his right to file bankruptcy, wife is then placed in the precarious position following a hearing on equitable distribution of being forced then to cover in essence all of the marital debt in a federal bankruptcy hearing or to absolve herself of the debt vis-a-vis a bankruptcy which she wishes to avoid. THE MASTER: Mr. Miller, do you want to address your position on the record and your client's situation with regard to the retention of the marital home? MR. MILLER: With regard directly to the bankruptcy, my client has avoided filing bankruptcy since the parties' date of separation and it is his desire not to file any type of bankruptcy petition and evidence of his intent to try to avoid bankruptcy has been his attempt to make payments on the joint marital debt that was in existence at the time of separation and it is not his desire to file any type of bankruptcy petition but to simply request that Mrs. Seybert be responsible for her proportional share of the marital debt that was in existence. With regard to the marital residence, it was Mrs. Seybert who elected to move from the marital residence and in with her parents. My client does not have any family in the area; does not have any other living arrangements available to him and has been making the mortgage payments on the marital residence since the date of separation. It is his position that taking into the account the equity in the marital residence and the retirement accounts available to Mrs. Seybert as well as the value of her trade-in vehicle and the value of her checking account, that those items equal out and that the only thing that is left for the parties to divide is the joint marital debt, and I guess as well into that calculation of the assets equaling out is consideration for the money that he has already paid toward the joint marital debt. But taking into account the assets available to her and the money that he has already paid that those basically wash out and that all we are left with is the debt. He has requested on numerous occasions for Mrs. 5 Seybert to contribute towards that debt and to this date she has not and it is his position that that should be allocated between the parties so that they can get those debts paid off. He would further point out, I believe, to the Divorce Master, that both parties have stable jobs and income coming in and he believes that with a little effort these debts can be satisfied without having the need for any sort of bankruptcy. (A discussion was held off the record.) THE MASTER: Mr. Rector has indicated that he believes that husband may have a deferred compensation plan with his employer. Mr. Miller is requested to provide a letter from husband's employer indicating that he either has a plan and the value thereof or that he does not have a plan. This letter should be provided to Mr. Rector by December 1, 2003. A hearing on the factor of marital misconduct as that factor may affect wife's alimony claim is scheduled for Tuesday, January 13, 2004, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: Charles Rector Attorney for Plaintiff Douglas G. Miller Attorney for Defendant M.4RRL4GE SETTLEMENT 4GREEMENT THIS AGREEMENT made this _/~' day of June, 2004, by and between KIMBERLY L. SEYBERT, (hereinafter referred to as "WIFE") and CRAIG A. SEYBERT, (hereina~er referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 6, 1993, and separated on or about March 25, 2001; and WHEREAS. diverse, unhappy d!fferences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties ofthe parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which contbrms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses. ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and a~eement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she. respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Douglas G. Miller, Esquire of Irwin & McKnight; WIFE is represented by Charles Rector, Esquire of Law Offices of Charles Rector. Esuire. P.C.; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement. both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they 'own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e). and that is referred to in this Agreement as "Marital Property," as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gffis or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns tiled by or on behalf of either or both Parties during marriage. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 2601 Shingus Circle, Grantham, Cumberland County County. Pennsylvania. 17027 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pa)' any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations on said payments. In furtherance of the transfer of all right, title and interest in said real estate. WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND. HUSBAND agrees to refinance the existing mortgage obligations on the property and thereby remove WIFE'S name from said obligations. Legal counsel for WIFE shall prepare the necessary Deed and hold the signed document in escrow until such time as necessary for HUSBAND'S refinance, at which time the Deed shall be flied of record with the Cumberland County Recorder of Deeds. 4 SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other t~nancial support to WIFE. and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction, with the exception of a piano to be retrieved from the marital property by WIFE within sixty (60) days of this Agreement. If the piano is not retrieved within sixty (60) days. it shall become the sole property of HUSBAND with full power to retain or dispose of it in his discretion. With the exception of the piano, WIFE hereby ~vaives all right. title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Hencel~)rth, each of the parties shall own. have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and lbr all purposes as if he or she were unmarried. 10. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently ox*x~s or may o~,a in thc future. HUSBAND shall hold WIFE harmless 5 for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: The parties acknowledge the joint filing for bankruptcy relief from their various marital debts. Other than the mortgage obligations against the marital real estate, in the event that any debts incurred prior to the separation of the parties survive their discharge from bankruptcy, the parties agree to be equally responsible for the payment of said debts or obligations. It is further mutually agreed by and between the parties that WIFE shall assume all liabili~' for and pay and indenmify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and ~varrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify, and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemni~, the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution 6 of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on thc life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits ofeitber party, shall be their own. 13. BENEFITS~ STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Aay party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enfoming their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of thc parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party ac'knowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 8 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or herea~er acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: KIMBERLY L. ~'~J~BERT ~ --_ . (SEAL) I0 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this /Jz/I~tay of June, 2004, a Notary Public. KIMBERLY L. SEYBERT, known to mc (or satisfactorily proven) to be thc person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Pub~ · NOTARIAL SEAL ! ROBERT J. GOLD. Notary I:~c Hampden Twp. C:jmbe(land C~_~L L ut Co,~?,~E~,..~..J,~Y lo. COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this/f,~l.,, da), of June, 2004, a Notary Public, CRAIG A. SEYBERT, known to mc (or satisfactorily proven) to be thc person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed fl~e snme for the purposes therein contained. IN WITNESS WHEREOF. I have hereunto set my hand and official seal. NOTARIAL SEAL ROBERT J. GOLD, Notary PuHic Hampden Twp. Cumberland Courtly I II KIMBERLY L. SEYBERT, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01 - 2716 CIVIL : CRAIG A. SEYBERT, : Defendant : IN DIVORCE ORDER OF COURT ~ND NOW, this ~,~ri_. ~_~7 day of , 2004, the economic claims raised in the procegings having been resolved in accordance with a marriage settlement agreement dated June 18, 2004, 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, Geo~ cc: Charles Rector Attorney for Plaintiff >~.. ~ ~/~/z ~ Douglas G. Miller Attorney for Defendant ~" ~~,~ KIMBERLY L. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : NO. 01-2716 CIVIL TERM : CRAIG A. SEYBERT, : CIVIL ACTION - LAW Defendant : 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 a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceotance of Service by DouQlas G. Miller. Esauire. on May 11, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 06/21/04, by the Defendant 06/25/04. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim 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, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary 07/07/04. Date Defendant's Waiver of Notice in § 3301(c) was filed with the Prothonotary 06/29/04. Chades Rector, Esquire Attorney for the Plaintiff Date: 07/08/04 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~~ PENNA. ~'¥~ERLY r _~EYBE~T NO. 01-2716 Civil ~erm VERSUS DECREE IN DIVORCE AND NOW, ~J. [~ .-2~/~, 'T IS ORDeReD aND DECREED THAT K:~lmh~rl_~ T,. .~,vh~r~ , PLAINTIFF, AND Cra'_'"= A_ _~eyb~_rt , DefenDAnt. ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTiON OF THE FOLLOWING CLAIMS WHICH hAVE BEEN RAISED Of RECORDIN THIS ACTION FOR WhICh A FINAL ORDER HAS NOt YET BEEN ENTERED; The written Marriage Settlement Agreement of the parties, dated June 18,2004, is attached hereto and incorporated into this Decree for enforcement purposes only pursuant to Section 3105 of the Pennsylvania Divorce Code. BY THE COURT:/~