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HomeMy WebLinkAbout05-0780TED A. GAYMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005- CIVIL TERM CHRYSTAL L. CAYMAN, CIVIL ACTION -LAW Defendant 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 following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money 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 marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 "fit MAX J. SMITH, At., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 TED A. GAYMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005- 7 FU CIVIL TERM CHRYSTAL L. GAYMAN, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, TED A. GAYMAN, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: The Plaintiff, TED A. GAYMAN, is an adult individual and citizen of the United States of America, whose address is 109 Springview Road, Carlisle, Cumberland County, Penn- sylvania 17013. 2. The Defendant, CHRYSTAL L. GAYMAN, is an adult individual and citizen of the United States of America, whose address is 109 Springview Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on or about March 20, 1982 in Carlisle, Pennsylvania. Plaintiff avers that there is one (1) child of the parties under the age of 18, namely: JORDAN M. GAYMAN, born March 26,199 1. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Dated: February 2005 MAX J. SMITH, JR., E uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ,eLAC TED A. GAYM ? ?` o v c? c; u A ",? f (?l rv.> TS 2 - -i i ?, ?, ? ??? _ _ ; ,. r. _ .. ?, T.) VCr TED A. GAYMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 05-780 CIVIL TERM CHRYSTAL L. GAYMAN, Defendant : 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 following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 A hearing on the issues of support and alimony pendenre lite advanced in the within Answer with Counterclaim is demanded. Wayne P. Shadeir WAYNEF. SHADE Attomey at Law 53 West Pomfret Siree Carlisle, PennsyNaoix 17013 Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant TED A. GAYMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 05-780 CIVIL TERM CHRYSTAL L. GAYMAN, Defendant : IN DIVORCE ANSWER WITH COUNTERCLAIM ANSWER L-S. Admitted. 9. The averments of ¶9 of Plaintiff's Complaint are denied. On the contrary, Defendant avers that Plaintiff has offered such indignities to the person of Defendant, the innocent and injured spouse, as to render the condition of Defendant intolerable and the life of Defendant burdensome. WHEREFORE, Defendant will concur in the entry of a Decree in Divorce upon resolution of the economic issues. COUNTERCLAIM COUNTI EQUITABLE DISTRIBUTION 10. WAYNE F, SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 The averments of ¶¶I through 9 above inclusive are incorporated herein by reference as though fully set forth. I 1. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Defendant demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT It ALIMONY AND ALIMONY PENDENTE LITE 12. The averments of T¶ 1 through 9 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment compelling Plaintiff to pay to Defendant alimony and alimony pendente lite. COUNT III COUNSEL FEES, EXPENSES AND COSTS 13. The averments of T¶l through 9 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment. compelling Plaintiff to pay counsel WAYNE F. SHADE Atlomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 fees, expenses and costs of Defendant. -2- COUNT IV CHILD SUPPORT 14. The averments of ¶T1 through 5 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment compelling Plaintiff to pay child support to Defendant. Wayne 14. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- I verify that the statements made in the foregoing pleading are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: February 15, 2005 Chrystal . Gayman WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: Chrystal L. Gayman DOB: September 26, 1957 SSN: 175-48-3409 ADDRESS: 109 Springview Road, Carlisle, Cumberland County, Pennsylvania 17013 PHONE: 717-243-3106 ATTORNEY: Wayne F. Shade PETITIONER'S EMPLOYMENT: Carlisle Coffee HOW LONG: 3 months NET PAY: $70 PER: Week JOB TITLE: Clerk OTHER INCOME (AMOUNT, SOURCE): None RESPONDENT: Ted A. Gayman DOB: March 30, 1956 SSN: 206-36-1319 ADDRESS: 109 Springview Road, Carlisle, Cumberland County, Pennsylvania 17013 PHONE: 717-243-3106 ATTORNEY: Unknown RESPONDENT'S EMPLOYMENT: Eichelbergers, Inc. HOW LONG: NET PAY: $11,500 PER: Month JOB TITLE: 'Vice President OTHER INCOME (AMOUNT, SOURCE): None WHEN MARRIED: March 20, 1982 WHERE: Carlisle, Pennsylvania DATE SEPARATED: January 17, 2005 WHERE LAST LIVED TOGETHER: 109 Springview Road, Carlisle, PA 17013 FOR DRS INFORMATION ONLY TED A. GAYMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 05-780 CIVIL TERM CHRYSTAL L. GAYMAN, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on at for a conference, at 13 North Hanover Street, Carlisle, Pennsylvania 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. arrest. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this Order, completed as required by Rule 1910.1 Ile) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your BY THE COURT, George E. Hoffer, President Judge Date of Order: Conference Officer YOU HAVE THE RIGHT TO A LAWYER WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required bylaw to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodatmns available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Max J. Smith, Jr., Esquire James Smith Dietterick & Connelly, LLP Attorneys for Plaintiff Wayne F. Shade, Esquire Attorney for Defendant N uj O TED A. CAYMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2005-780 CIVIL TERM CHRYSTAL L. GAYMAN, IN DIVORCE Defendant/Petitioner PACSES# 359107131 ORDER OF COURT AND NOW, this 22"d day of February, 2005, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J Shaddav on March 22, 2005 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11(0 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 2-22-05 to: < Respondent Wayne Shade, Esquire Date of Order: February 22, 2005 ?. R. J. 9hadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 1.7013 (717) 249-3166 CC361 G3er6 TED A. GAYMAN, Plaintiff/Respondent VS. CHRYSTAL L. GAYMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - DIVORCE NO. 2005-780 CIVIL TERM IN DIVORCE PACSES# 359107131 ORDER OF COURT AND NOW, this 22nd day of March, 2005, based upon the Court's determination that Pe tioner's monthly net income/earning capacity is $1,096.76 and Respondent's monthly net ineom earning capacity is $5,134.11, it is hereby Ordered that the Respondent pay to the Pennsylvania ate Collection and Disbursement Unit, $940.00 per month payable monthly as follows; $94 00 for alimony pendente lite and $0.00 on arrears. First payment due on or about April 8, 2005 Arrears set at $940.00 as of March 22, 2005. The effective date of the order is March 5, 2005. Husband is to make direct payment of eighteen percent (18%) of any and all net bonus (dk?), within five days upon receipt of said bonus and with verification of the bonus amount, to Wife r APL. Husband is to make a direct payment of $1,560.45 within five days from this date for the bonus that he received on Februrary 11, 2005 for the year of 2004. N Husband is to make a direct payment for the March 5, 2005 APL obligation and Wife is 1 report the payment to the DRO and credit will be given to the APL account. Failure to make each payment on time and in full will cause all arrears to become subjec to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if th Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it ay declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, eluding, but not limited to, commitment of the Respondent to prison for a period not to exceed si months. Said money to be turned over by the PA SCDU to: . Payments must be made by check money order. All checks and money orders must be made payable to PA SCDU and mailed to: 11 PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. y? Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: Respondent and 18% by Petitioner. The Petitioner is responsible to pay the first $250.0 unreimbursed medical expenses. Respondent to provide medical insurance coverage. (30) days after the entry of this Order, the Respondnet shall submit to Petitioner written medical insurance coverage has been obtained or that application for coverage has been of coverage shall consist, at minimum, of. 1) the name of the health care coverage provi applicable identification numbers; 3) any cards evidencing coverage; 4) the address to v should be made; 5) a description of any restrictions on usage, such as prior approval for admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or cc contract; 7) a description of all deductibles and co-payments; and 8) five copies of any c 82% by annually in ithin thirty )roof that nade. Proof .er(s); 2) any rich claims forms. This Order shall become final ten days after the mailing of the notice of the entry of the parties unless either party files a written demand with the Prothonotary for a hearing de the Court. DRO: R. J. Shadday Mailed copies on 3-22-05: < Petitioner Respondent Wayne Shade, Esquire Max Smith, Jr., Esquire BY THE COURT, Edward E. Guido r to the before J. ro [) c, n ?'_ v ci+ `Il _.? T f ?1 (T?J SO n C? ?? ?;7Y W t? ?-. __? ?t: ?_ ii %Cl - r. i _ C„) ? =?.a .? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania @ Ong al Order/Notice Co./City/Dist. of CUMBERLAND O Am ded Order/Notice Date of Order/Notice 03/22/05 Q Ter nateOrder/Notice Case Number (See Addendum for case summary) RL GAYMAN, TED A. Employer/Withholder's Federal FIN Number Employee/Obligor Name (Last, First, Mp 206-36-1319 Employee/Obligor Lf P 4)49T-7 ?O 01 WL EICHELBERGERS INC I) Social Security Numb 1543101468 I 107 TEXACO RD Employee/Obligor' Case Identifier MECHANICSBURG PA 17050-2626 (See Addendum f laintiff names 2,* 9 SOS associated with 1 7 , on attachment) o ' Custodial Parent s p,?a?s 7lo?io7afl me (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attach ent. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an der for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are requir to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/ otice is not issued by your State. $ 1, 846. oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? yes ® no $ o . 00 per month in current and past-due medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 1, 846.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cyc does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 426. oo per weekly pay period. $ 852.0o per biweekly pay period (every two weeks). $ 923. oo per semimonthly pay period (twice a month). $ 1.846. o o per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after t date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. Yo are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your e loyee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ bligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the followi information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) E toyer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMB ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO PROCESSED. DO NOT SEND CASH BY MAIL. n)T ey q 2005 BY THE COURT: :. Date of Order: r Jr r nawhwh ? G ito Form N-028 Service Type M OMa Na.: 09700154 Wor k r ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDER El If checked you are required to provide a Copy of this form to yourgmployee. If yo r employee work in a state that is different from the state that issued this order, a copy must be provieo to your employee even if the b x is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law agains he same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please ntact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment IN is attributable to each employee/obligor. 3.* p°yp° You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you ust implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Incomfor Support against this employee/obligor and you are unable to honor all support order/Notices due to Federal or State withholding li its, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices tot greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2319169620 EMPLOYEE'S/OBLIGOR'S NAME:- _ GAYMAN, TED A. EMPLOYEE'S CASE IDENTIFIER: 1543101468 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: working for you. 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, mmissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amopnt you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State aw governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor fr employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pe in sylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is emyed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Coner Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal pe of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after m ng mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you maof withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you a law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any .DOMESTIC RELATIONS SECTION Contact WAGE ATTACHMENT l 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 to follow the EN-028 .'.r ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GAYMAN, TED A. PACSES Case Number 359107131 Plaintiff Name CHRYSTAL L. GAYMAN Docket Attachment Amount 05-780 CIVIL $ 940.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child (rent identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(en) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number 767107212 Plaintiff Name CHRYSTAL L. GAYMAN Docket Attachment Amou 00240 S 2005 $ 906.00 Child(ren)'s Name(s): ]If checked, you are required to en entified above in any health insurar rough the employee's/obligor's emf DOB the child(ren) :overage available PACKS Case Number Plaintiff Name Docket Attachment Amount $ o.oa Child(ren)'s Name(s): DOB ?If checked, you are required to enroll e child(ren) identified above in any health insurance c verage available through the employee's/obligor's employ ent. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB El if checked, you are required to enroll the child(ren) ? If checked, you are required to enroll t1child(ren) identified above in any health insurance coverage available identified above in any health insurance co rage available through the employee's/obligor's employment. through the employee's/obligor's employm t. Addendum rm EN-028 orker ID $IATT Service Type M OMB No.0910-O1 sb ej TED A. GAYMAN, Plaintiff V. CHRYSTAL L. GAYMAN, Defendant ELECTION TO RETAKE PRIOR N W AYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 NOTICE is hereby given that the Defendant in the above-captl, the entry of a Final Decree in Divorce, hereby elects to retake and het former name, CHRYSTAL LYNN COYLE, and gives this written nc intention in accordance with the provisions of the Act of December 1 54 Pa.C.S.A. §704. Date: March 24, 2005 IN THE COURT OF COMM, CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 05-780 CIVIL TERM IN DIVORCE Chryst6l Lynn Zia To Be Known As COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) On this, the 24th day of March, 2005, before me, a Notary appeared CHRYSTAL LYNN GAYMAN, known to me (or satis the person whose name is subscribed to the within document and executed the foregoing for the purpose herein contained. IN WITNESS 'WHEREOF, I have hereunto set my hand and COMMON WEALTH OF PENNSYLVANIA Notary NOTARIAL SEAL CONNIE J TRITT, Notary Public Carlisle Born, Cumberland County M Commission Expires October 5, 2008 PLEAS OF dNSYLVANIA d matter, prior to ter use her avowing her 982, P.L. 1309, proven) to be edeed that she seal. N _ ?? ?r '"7 -y"1 ---1 . 8 ? J n r- ??r a: 1 _. ? {-? ?' Gv 7 (J . ?' "? _??` /? ?J r ? W ?:: ro - --? ? x TED A. GAYMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-780 CIVIL TERM CHRYSTAL L. GAYMAN, IN DIVORCE Defendant/Petitioner PACSES # 359107131 ORDER OF COURT AND NOW to wit, this 5th day of January 2007, it is hereby Ordered that should the Respondent fall in arrears, payments are to be increased by $1.50 per moth for payment on said arrears. BY THE COURT: Edwar . tuid J. DRO: R.J. Shadday Form OE-00 Type: M 1 Worker: 21005 J Ln J _ C- LN) IL Iftb TED A. GAYMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-780 CIVIL TERM CHRYSTAL L. GAYMAN, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 14th day of February, 2005, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7004 1160 0002 1106 0193 at Hershey, Pennsylvania, addressed to: Chrystal L. Gayman 109 Springview Road Carlisle, PA 17013 Mailing and return receipt cards attached hereto. 1 MAX J. SMITH, Jly Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 c } (717) 533-3280 I'M ej c r^T t .116, 0 O D- M - IT IAI LFm - - 117 ,.q (Domestic Only, No I nsuranc e Coverage Provided) C3 f ti F d li i i it b i t Im n orma on or e very y v s our we s . te a .; ., r-q r-q Postage $ () A O Certified Fee 1 4 f„ G O Return Reciept Fee R E Here ?a ( ndorsement equired) S C3 Restricted Delivery Fee (Endorsement Required) t t r'q Total Postage & Fees $ - ?? _', y J Sent To - ?` b4reef, Apt. No.; or PO Box No. `` ?: ?, , {?C,•, -------------- S City State, ZIP+4 ¢ ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print 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:: rf " nl ( I -1 c n - ?l ? Addressee eoeived by (Pri ) C. Date of Delivery C LA 0. Is deliviicy address differs from item 11 Yes If YES, enter delivery add below: ? No 3. Service Type Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7004 1160 0002 1106 0193 (rmnsfer from service bbo PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this S?7- day of -??-' , 2007, at Carlisle, Cumberland County, Pennsylvania, by and between CHRYSTAL L. COYLE of 109 Springview Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referenced as "Wife") AND TED A. GAYMAN of 742 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referenced as "Husband"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since March 5, 2005. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in §3501 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each parry; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein, except as -2- to issues of child support and child custody, shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation -3- is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 Representation by Independent Counsel. Each of the parties is represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Max J. Smith, Jr., Esquire, of James Smith Dietterick & Connelly, LLP. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. (a) Concurrently with execution of this Agreement, Husband shall execute a special warranty deed to be prepared by counsel for Wife which will transfer to Wife all of his right, title and interest in and to the real estate premises known and numbered as 109 Springview Road, Carlisle, Cumberland County, Pennsylvania, with improvements thereon erected. The deed shall be held in escrow by counsel for Husband pending WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- issuance of a full and final Decree in Divorce. Wife shall have exclusive possession of said real estate pending further agreement of the parties or Order of Court. (b) Ownership of Husband's one-half interest in land and improvements thereon erected in Potter County, Pennsylvania, is hereby confirmed in Husband, and Wife hereby disclaims any interest therein. (c) Ownership of Husband's one-half interest in 40.05 acres of land in Upper Frankford Township, Cumberland County, Pennsylvania, is hereby confirmed in Husband, and Wife hereby disclaims any interest therein. 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled, tangible personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement. (b) Ownership of the following additional items of property is hereby confirmed in Wife, and Husband hereby disclaims any interest therein: WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- (1) Balance traceable to Orrstown Bank Certificate of Deposit #4000002872; (2) Balance traceable to Orrstown Bank Certificate of Deposit #4000004860; (3) M&T Bank stock and all dividends since the date of separation; (4) Federal income tax refund for tax year 2004; (5) Federal income tax refund for tax year 2005; (6) Husband will deliver to Wife an executed and acknowledged Durable Limited Power of Attorney to be prepared by counsel for Wife which will authorize Wife to transfer, to Wife or anyone else, title to the 2000 Mitsubishi Galant; (7) Proceeds of sale of the 1986 Ford Bronco; (8) Ownership of Ohio National Life Assurance Corporation policy #C6096601; and (9) Orrstown Bank money market account #106800385 which includes, inter alia, the aforesaid M&T Bank stock dividends since the date of separation, the income tax refunds for tax years 2004 and 2005 and the proceeds of sale of the 1986 Ford Bronco. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- (c) Ownership of the following additional items of property is hereby confirmed in Husband, and Wife hereby disclaims any interest therein: (1) Husband's Eichelbergers, Inc. §401(k) plan; (2) Balance traceable to Orrstown Bank Certificate of Deposit #4000002755; (3) Northwestern Mutual annuity #13357599; (4) Northwestern Mutual annuity # 13363674; (5) Orrstown Bank checking account # 106001206 and all prior withdrawals therefrom by Husband; (6) Balance traceable to Orrstown Bank Christmas Club account #506400037; (7) Federal income tax refund for tax year 2006; (8) Wife will deliver to Husband an executed and acknowledged Durable Limited Power of Attorney to be prepared by counsel for Husband which will authorize Husband to transfer, to Husband or anyone else, title to the 1998 Ford Explorer; and (9) Eichelbergers, Inc. Executive Performance Option Plan. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -7- ARTICLE IV DEBTS OF PARTIES 4.01 Post-Separation Obligations. Each party represents to the other that there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. 4.02 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred and for all obligations assumed under the provisions of this Agreement. 4.03 Bankruptcy. The respective duties, covenants and obligations of each party WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all -8- obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT 5.01 Alimony. (a) Upon issuance of a full and final decree divorcing the parties from the bonds of matrimony, the Order of March 22, 2005, PACSES No. 359107131 in the Court of Common Pleas of Cumberland County, Pennsylvania, for spousal support shall be converted to alimony and shall continue in the amount of $940 per month. It will continue to be paid through the Pennsylvania State Collections and Disbursement Unit, P.O. Box 69110, Harrisburg, Pennsylvania 17106. (b) The alimony will be terminable in the event of the death of Husband or upon Wife's death, remarriage or living for any length of time with an adult male individual of WAYNE F. SHADE' Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -9- the opposite sex to whom she would not be related by marriage or within the degrees of consanguinity. (c) The parties shall be responsible for obtaining and maintaining their own health insurance coverages and shall be solely responsible for paying their own uninsured medical expenses. ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty (180) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the date of this Agreement, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street !. Carlisle, Pennsylvania 17013 -10- (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 7.02 General Release of All Claims. Each party hereto releases the other from WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 all claims, liabilities, debts, obligations, actions and causes of action of every kind that -11- have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other party's estate in cases of intestacy. (c) to act as executor or administrator of the other party's estate. 7.05 No Debts and Indemnification. Each party represents and warrants to the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each -12- party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.06 Full Disclosure. Each party asserts that he or she has made a full and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures were in the form of informal exchanges of information between the parties. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by -13- Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. However, if the existence of an undisclosed asset was knowingly concealed or its value misrepresented by either of the parties, the asset shall be transferred in its entirety to the non-concealing party. The party to whom the asset was not disclosed shall be entitled to seek, from the non-disclosing party, payment of reasonable counsel fees, costs or expenses incurred in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 7.07 Right to Live Separately and Free from Interference. Each party will live WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner 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 -14- use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 7.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having had the opportunity to do so, having decided not to do so. (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 7.10 Default. If either party fails in the due performance of any of his or her WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 material obligations hereunder, the party not in default will have the right to act against -15- the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 7.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 7.12 Successors and Assigns. Unless otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties hereto. 7.13 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. Any disputes that may arise in connection with this Agreement shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania. 7.14 Condition Subsequent. This Agreement is expressly contingent upon the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 parties' filing mutual consent to the pending divorce proceedings within ten (10) days of -16- the date of this Agreement, which consent will not be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of C (SEAL) (01 aCo ,e y (?. ?--{SEAL) Ted A. Gayman -17- COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) On this, the .5-a' day of , 2007, before me, the undersigned officer, personally appeared HRYSTAL L. COYLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Publi COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL COMMONWEALTH OF PENNSYLVANIA) CONNIE J. TRITT, Notary Public AA-u PH-1 ?4 ) SS: Carlisle Boro., Cumberland County COUNTY OF My Commission Expires October 5,2W8 On this, theday of , 2007, before me, the undersigned officer, personally appeared TED A. GAYMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 a4_ ? Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alisa M. Stine, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 19.2007 Member. Pennsylvania Association Of Notaries ` ?? ?? C ? ?:?, ?' ?' t..?- ? ? ryi .s? .??^y rv ? ? ? } f 4+ -` ? ? ? ? ?A-. ?,.? t +L? ?' j,r ? ?" ?? ?y? ? ? TED A. GAYMAN, Plaintiff VS. CHRYSTAL L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-780 CIVIL TERM : CIVIL ACTION -LAW : 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 (X 3301 (c) ( 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on Februar?l6, 2005. 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 Plaintiff June 19, 2007 ; by Defendant June 5, 2007 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None Attorney for (X) Plaint' ( ) Defendant --? Cs Q r°p .. V i i+ TED A. GAYMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2005-780 CIVIL TERM CHRYSTAL L. GAYMAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 11, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Date: June _A, 2007 SaA TED A. GAYMAN TED A. GAYMAN, Plaintiff vs. CHRYSTAL L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-780 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further 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 unworn falsification to authorities. Date: June 2007 ezd ?.---?' TED A. GAYMAN ?'?? ? i ?,'; `:: taw... _., # ?? ?... ??.? i 7 ,. -? ' ? . • 4. wrj>'? '_ ry ? ? n ?fJ f-6 ?? ?? .. r z; ti TED A. GAYMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 05-780 CIVIL TERM CHRYSTAL L. GAYMAN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3 3 01(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND } 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on February 11, 2005, and served on or about February 11, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 days have elapsed from the date of filing and service of the Complaint. V t;_-I 3. I consent to the entry of a Final Decree of Divorce without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 participate in counseling prior to a Divorce Decree's being handed down by the Court. -2- 1 410 9. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: June 5, 2007 Chrystal . Coyle WAYNE F. SHADI Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 -3- r? C> ..mac-7 ?* Y CO r ` ?; T ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TED A. GAYMAN, Plaintiff VERSUS CHRYSTAL L. GAYMAN, Defendant NO. 2005-780 DECREE IN DIVORCE AND NOW, / 2007, IT IS ORDERED AND DECREED THAT TED A. GAYMAN PLAINTIFF, AND CHRYSTAL L. GAYMAN ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Property Settlement and Separation Agreement dated 5 June 2007, ivorce Decree. is hereby incorporated into t T: ATTEST: J. PROTHONOTARY O? 4f --7 6 ,417 X TED A. GAYMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRYSTAL L. GAYMAN, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 05-780 CIVIL TERM IN DIVORCE PACSES Case No: 359107131 ORDER OF COURT AND NOW to wit, this 5th day of September 2007, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the Alimony matter pursuant to the parties' Property Settlement and Separation Agreement and the re-marriage of the Petitioner on August 30, 2007. There is no balance due the Petitioner. BY THE CO Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Wayne F. Shade, Esq. Max J. Smith, Jr., Esq. Type: M Form OE-001 Service Worker: 21005 c?: ° ?"? -,, -r7 -r?,-, r ° p ' °?; ( ' 7 ' =iJ ?+ r f ` C1 f ``"'?' ?`y -? ?? R r t -?. ?, C .: ?'? ? ? -- ? ..J °`? ? .r ti v. ..... ?