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HomeMy WebLinkAbout05-0904S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: (717) 204-1043 Fax: (717) 275-1043 CINDI WYCHECK Plaintiff ALAN WYCHECK Defendant Attorneys for: Plaintiff Cindi Wycheck TN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. ?? " "? Q?? CIVIL ACTION - LAW :IN DIVORCE & CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before Conciliator on the _ day of 2005, at _.m. at Esquire, the Pennsylvania, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT. Date of Order: Custody Conciliator 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 S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: (717) 204-1043 Fax: (717) 275-1043 CINDI WYCHECK Plaintiff ALAN WYCHECK Defendant Attorneys for: Plaintiff Cindi Wycheck JN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 9 NO..? ? CIVIL ACTION - LAW JN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is Cindi Wycheck, who currently resides at 629 Herrin Lane, Enola, Pennsylvania. 2. Defendant is Alan Wycheck, who currently resides at 199 Riverview Terrace, Dauphin, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on February 9, 2002, in Harrisburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. 8. Plaintiff avers that the parties have one child under the age of eighteen. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(C) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(D) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart, and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 AND §3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference. 16. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such a proportion as the Court deems just after a consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §3104 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference. 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 19. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. COUNT V. CUSTODY 20. 21. 22. 23. 24. 25. 26. 27 Plaintiff is Cindi Wycheck, who currently resides at 629 Herrin Lane, Enola, Pennsylvania. Defendant is Alan Wycheck, who currently resides at 199 Riverview Terrace, Dauphin, Pennsylvania. Plaintiff seeks shared legal and physical custody of the following child: Name Present Residence Date of Birth Autumn Wycheck 629 Herrin Lane, Enola The child was not born out of wedlock. 9/12/03 The child is presently in the custody of Plaintiff Mother, who resides at 629 Herrin Lane, Enola, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Persons Residence Dates Mother 629 Herrin Lane, Enola 11/04-present Mother & Father 199 Riverview Terrace, Dauphin birth-11/04 The mother of the child is Cindi Wycheck, currently residing at 629 Herrin Lane, Enola, Pennsylvania. She is married. The father of the child is Alan Wycheck, currently residing at 199 Riverview Terrace, Dauphin, Pennsylvania. He is married. The relationship of the plaintiff to the child is that of Mother. The plaintiff currently lives with the following persons Autumn Wycheck The relationship of the defendant to the child is that of Father. The defendant currently resides with the following persons: Josh Wycheck Plaintiff has not participated as a party or witness or in any other capacity concerning litigation of the custody of this child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in another court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 28. The best interests and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary caretaker for the child. 29. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her shared legal and primary physical custody of the child. Respectfully Submitted, BY: -o fL Heather L. Harbaugh, Esquire Foulkrod Harbaugh 2843 North Front Street Third Floor Harrisburg, PA 17110 ID # 83997 ATTORNEY FOR PLAINTIFF Date: cal (f'? VERIFICATION I, Cindi Wycheck, hereby swear and affirm that the facts contained in the foregoing Divorce and Custody Complaint are true and correct and are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Date: Cindi CY CINDI WYCHECK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ALAN WYCHECK DFFFNDANT 05-904 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 23, 2005___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 22, 2005 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ---Dawn S._Sunday?_Es?. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedules conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 ? ? 5?. ? ?, ???. ? ? SQ-fi?,e ?? RECEIVED APR 28w-?'v' CINDI WYCHECK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-904 CIVIL ACTION LAW ALAN WYCHECK Defendant IN CUSTODY ORDER AND NOW, this 25th day of April, 2005 , the conciliator, having received no request from counsel for either party to reschedule the custody conciliation conference initially set for March 23, 2005, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator 6£ :1 NO' 6? &N 5OGZ ni?`J CiJO':i'7d -2H! E0 3i;::= -011 Cindi Wycheck, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-904 Civil Term Alan Wycheck, CIVIL ACTION -LAW Defendant IN DIVORCE. ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce and Custody filed on February 17, 2005, which includes a Conciliation Order directing the parties to appear for conciliation on March 22, 2005, and affirm that I am authorized to do so as counsel of record for Alan Wycheck. Date: 15me A. Miller, Esquire Miller ipsitt LLC 21 Market Street C mp Hill, PA 17011 17)737-6400 o ? c -- a :. Cindi Wycheck, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-904 Civil Term Alan Wycheck, : 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 February 17, 2005 and service was obtained upon the defendant by defendant's counsel accepting service thereof on March 7, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 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 divorce 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.A. Section 4904, relating to unsworn falsification to authorities. Date:_ ? B105 ?r------ Ci di ycheck C7 o O ;`- 71 by r"D ID r C -r ca - cu Cindi Wycheck, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-904 Civil Term Alan Wycheck, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(_c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: (!:!ycheck n ao Cindi Wycheck, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-904 Civil Term Alan Wycheck, : 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 February 17, 2005 and service was obtained upon the defendant by defendant's counsel accepting service thereof on March 7, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 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 divorce 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.A. Section 4904, relating to unsworn falsification to authorities. Date: ©< Ian Wycheck c7 ?`'v a C_= cn ? r " r ? ,n+?? c N c-;, Lf -„ ^'17 `7 r J ?... r' C=: Cindi Wycheck, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-904 Civil Term Alan Wycheck, : CIVIL ACTION •• LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: '?- Alan Wycheck 77 a q -c MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of erne. 2005, by and between Alan R Wycheck, hereinafter called "Husband", and Cindi L Wycheck, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on February 9, 2002, in Dauphin County, Pennsylvania; and, WHEREAS, differences have arisen between the parties and it Is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal properly; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; WHEREAS, neither party admits that this action is a result of his or her actions that may give rise to a fault divorce pursuant to 23 Pa.C.S.A. section 3301(a); NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NQPI INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and I have read and understand the contents on this page. AR CLW 1 apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. U NULI TION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. I 911FOE.MER: The parties acknowledge that either party may file to the appropriate jurisdiction a no-fault divorce action pursuant to section 3301(c) of the Pennsylvania Divorce Code or in the alternative, a divorce action pursuant to 3301(d). The non-moving party to the action shall accept service of the complaint and upon request, both parties are obligated to execute their respective Affidavit of Consent and Waiver of Notice in order to facilitate that conclusion of the divorce case. I have read and understand the contents on this page. _ GLW 2 It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Each party shall execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected In any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4 SPOUSAL SU I VAL INIQMY/ALIM NY PEN_D_I,MC TE (API), COSTS AND EXPE,: Husband and Wife hereby acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in the divorce action. I have read and understand the contents on this pag . AR CLW 3 Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Nevertheless, Husband and Wife acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Properly Settlement Agreement, upon the income and assets owned by each of them. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. Each party shall be responsible for their own fees, expenses and costs associated with this case excepting anything provided in this agreement to the contrary. I EOUIIABLE.DIS11 ON: A. WAIVER OF PERSONAL INTANGIBLE, ASSETS AND 2) INTANGIBLE, ASSETS: 1) MARITAL, TANGIBLE AND NON-MARITAL, TANGIBLE AND Husband and Wife do hereby acknowledge that they have heretofore divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, partnership(s),,,, inhe 'tans , jewelry, I have read and understand the contents on this pag . AR CLW 4 clothing, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. Wife hereby agrees that she waives any and all past, present and/or future right, title, appreciation and/or interest that she may have in Husband's premarital investments accounts of any nature as well as any accounts established during the marriage arising from his premarital investment accounts as well as Husband's real estate located at 807 North Second Street, Harrisburg, Dauphin County, Pennsylvania. B. REAL ESTATE: Husband and Wife are owners as tenants by the entireties of 199 Riverview Terrace, Dauphin, Dauphin County, Pennsylvania (referred to herein as the "premise7). In exchange for Wife's waiver of all past, present and/or future right, title and/or interest she may have in the premise, Husband shall pay Wife the total sum of $30,000.00 with $10,000.00 being paid to Wife at the time of execution hereof and the balance due and payable over a four (4) year period commencing with the date of execution hereof. A savings account will be maintained by Wife for child, Autumn Wycheck, in which $10,000.00 of these monies will be deposited. In exchange for Husband's payment, Wife's above described waivers shall consist of, including but not limited to, the execution of a transfer deed reflecting her relinquishment, waiver and abandonment of the premise forever upon request. Such transfer is in further consideration of Husband's continuing obligation to be solely responsible for all debts associated with the property, including but not limited to any and all mortgages, interest and late fees and all other 1 have read and understand the contents on this page. AR CLw 5 outstanding liens at the time of execution hereof including but not limited to all taxes, insurance(s), utilities, municipal charges, and costs/expenses/fees. Husband shall indemnify and hold Wife harmless in the past, present and/or future for all outstanding indebtedness on the premise as defined herein and any unidentified debts associated therewith as well as all costs/expenses/fees associated with the collection thereof. Husband shall refinance the mortgage identified hereinabove within two years from the date of execution hereof removing Wife's name from all debt associated with the property. Husband's failure to refinance within such time frame (2 years from the date of execution hereof), whether by his inability to do so or failing to take action to do so, shall trigger an immediate listing of the property for sale. Both parties if necessary shall provide their fullest cooperation in such listing and sale. C. AUTOMOBILE: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the party and each shall cooperate if necessary in executing any and all documents to reflect such ownership, including but not limited to titles, insurance documentation and registration forms. Specifically, Wife shall retain the 1993 Toyota Camry and Husband shall retain the 2005 Toyota Camry. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest In the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to either by their failure to make Davment of such debt. I have read and understand the contents on this page. AR CLW 6 D. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefor to evidence title to such property in the other party. ADDMQNAL DXUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER W&UIRED PJQPCR'TY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, I have read and understand the contents on this page. WAR CLW 7 if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. QEBTS. ... r 1. Wife's bfis: Wife represents and warrants to Husband that since the parries' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B Husband's Debts: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. IndgMnifi?: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein I have read and understand the contents on this page AR CLW 8 shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such parry hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. S. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and It --1 I have read and understand the contents on this page. ARWO__? CLW 9 income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. ALES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor In the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. I have read and understand the contents on this page. AR CLW 10 I& CUSTODY/SUPPORT: The parties are the parents of the minor child, Autumn Wycheck, born September 12, 2003. Husband shall pay wife child support in accordance with terms set forth separately in a support stipulation between the parties. Further, Husband shall be entitled to partial custody periods of, including but not limited to, every other Friday and Saturday and visits during the week upon request. The foregoing terms are the basis of understanding with regard to custody and support and shall be further defined by a separate agreement. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach including attorney fees, costs and/or expenses. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12_- REPR-ESgUAUON: Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her I have read and understand the contents on this page. AR CLW 1 legal rights and legal obligations, and each parry acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 11. VOLUNTARY EXECUT OWN„: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this 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. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 14. ENTIRE AGREEMENT: This Agreement contains the enure understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. PRIOR AGREEMENT: 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. 16. MQRIFICA MN AND WME : Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 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 I have read and understand the contents on this page. AR CLW 12- subsequent default of the same or similar nature. IL SMIRNING This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. I& ZINDEEZNDEMSEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. IL VOID CLAUSE : If any term, condition,, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. ?& CONSENTS TO DIVORCE: The parties agree that they shall execute Affidavits of Consent which shall be filed with the court along with a Praecipe to Transmit the Record in order that a Decree in Divorce incorporating the herein agreement can be issued in due course. DIST B TION R MC: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 22=E OF EXE ,r1ON/COUNTA The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party I have read and understand the contents on this page. AR CLW 13 executes this agreement. This Agreement may be executed by the parties in counterparts and as such, shall be enforceable as if it were executed as one. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: Cr?t?? W Alan R Wydieck Cindy L eck I have read and understand the contents on this page. ARW CLW 14 Cindi Wycheck, Plaintiff V. Alan Wycheck, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-904 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant's Counsel accepted service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on March 7, 2005. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: July 8 2005 by Defendant: July 8 2005 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: July 12 2005 by Defendant: July 12 2005 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Miller Lipsitt LLC By: James A Miller, Esquire Attorney for Defendant 356 North 21St Street Camp Hill, PA 17011 (717) 737-6400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Cindi Wycheck No. 05-904 Plaintiff VERSUS Alan Wycheck Defendant DECREE IN DIVORCE AND NOW, 0- , _.-L-, IT IS ORDERED AND DECREED THAT Cindi WVrhPr^k , PLAINTIFF, AND Alan WVChECk _, 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; and oe- IT r between Plainti ff f A=k but not merged, into this-fini?l Dg__CCree i ' Divorce. Y HE OURT: ATT J. PROTHONOTARY . `?? ? ?r Id, LU? ) ? L s Ik /7/ ..