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HomeMy WebLinkAbout05-2364 JOLENE V. TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005 - J3t- tj CIVIL ACTION - LAW CIVIL TERM TIMOTHY J. TAYLOR, Defendant IN DIVORCE NOTICE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County COUlihouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.c. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: vrnv,- Attorneys for Plaintiff LAW OFFICES SNELBAKER 8: BRENNEMAN, P.C. JOLENE V. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2005- ;130 tf CIVIL TERM CIVIL ACTION - LAW v. TIMOTHY J. TAYLOR, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff Jolene V. Taylor is an adult individual residing at 914 Allenview Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant Timothy J. Taylor is an adult individual residing at 1014 Princeton Drive, Hummelstown, PA 17036. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 13, 1989 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER & BRENNEMAN, P .C. COUNT I - DIVORCE 7. Paragraphs 1 through 6, inclusive, of this Complaint are incorporated by reference herein. 8. The marriage is irretrievably broken. 9. The Plaintiff requests this Court to enter a divorce decree under Section 3301 (c) or 3301 (d) of the Divorce Code. 10. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff Jolene V. Taylor requests this Court to enter a Decree of Divorce. divorcing Plaintiff and Defendant from the bonds of matrimony heretofore existing. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10, inclusive, of this Complaint are incorporated by reference herein. 12. The Plaintiff and Defendant have legally and beneficially acquired property and incurred debts during their marriage from September 13, 1989. 13. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Jolene V. Taylor requests this Court to order equitable distribution of marital property and debts. -2- WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing Plaintiff and Defendant from the bonds of matrimony pursuant to 23 Pa.C.S.A. Section 3301(c) or Section 3301(d); (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER & BRENNEMAN, P.c. By: ,IZ~ Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055- (717) 697-8528 Attorneys for Plaintiff Jolene V. Taylor Date: May 9, 2005 -3- LAW OFFICES SNELBAKER & BRENNEMAN, P,C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. JgL~v.J Jolene V. Taylor Date: May 9, 2005 I ! LAW OFFICES SNELBAKER & BRENNEMAN, P,C. JOLENE V. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2005 - CIVIL ACTION - LAW CIVIL TERM TIMOTHY 1. TAYLOR, Defendant IN DIVORCE AFFIDAVIT JOLENE V. TAYLOR, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that 1 may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unswum talsiticrtion to authorities. ate: May 9, 2005 (::::. ~ ~ ~ ~ ~ ........ ,- " ~ ~ vJ VJ ...j '>\\. 'iJ Q.j ......... ~ 'U ~ ~ \P. r...r--- . "". " c--... " " ~ 'J ({\. ,-. '" \"''\ ~ '-' ~ ~ ~ ~....... ~ " ...', ~~\~ ~l ~~ \" ~ T-~ <2, n \:;;:; , <::~ ....f' .:::~ fJ'. ~ -' t..:,..'. .l:' '" ~;.J" .....(. '1) ~ ,~ ,> ........, \ ~) ;':f. "'-'," -.- ..-c. ~ (,M-; V . LAW OFFICES SNELBAKER 8: BRENNEMAN, P.C. JOLENE V. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- 2364 CIVIL ACTION - LAW CIVIL TERM TIMOTHY J. TAYLOR, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Jolene V. Taylor, Plaintiff in the above captioned action in divorce; that on May 10,2005 he did send to Defendant Timothy J. Taylor by certified mail, return receipt requested, restricted delivery, a duly certified copy ofthe Divorce Complaint which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 1010 00008131 2016; that both the Complaint and cover letter were duly received by Defendant Timothy J. Taylor as evidenced by the return receipt card for said certified mail dated May 12, 2005; that a copy ofthe aforementioned cover letter dated May 10,2005 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein LAW OFFICES SNELBAKER & BRENNEMAN, P.C. as "Exhibit B"; and that the foregoing facts are true and correct to the best of hi s knowledge, information and belief. Sworn to and subscribed before me this 16th day of May, 2005. J~ ..;( ~ Notary Public i) // llt!~ Keith O. Brenneman -2- .... SNELBAKER 0 BRENNEMAN, r.c A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 P. O. BOX 318 FACSIMILE (7[7)697.76BI May 10,2005 Timothy J. Taylor 1014 Princeton Drive Humme1stown, PA 17036 Re: Taylor v. Taylor (Divorce) No. 2005-2364, Cumberland County, Pennsylvania Dear Mr. Taylor: 2005. Enclosed please find a certified copy of a Divorce Complaint which was filed May 9, Please be guided accordingly. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Jolene V. Taylor (w/enclosure) By certified mail, restricted delivery, return receipt requested, parcel No. 70031010 0000 81312016 EXHIBIT A ...0 ~ o ru ~ fT1 ~ <0 U.S. Postal Service'M CERTIFIED MAILM RECEIPT (Domestic Mall Only; No Insurance Coverage ProvIded) Postage o o o Cl Return Rec-iept Fee (Endorsement Required) CJ Restricted Oe!ivery Fee M (Endorsement Required) o ~ Certified Fee 2.30 1. 75 3.50 $ 8.15 Total Po$\Clge & Fees fT1 g Sent To Timothy J. Taylor l"- Sifeet:-APCNo:;..1UIZ.-."PrincetoiCUriv.e--hh.U-..------~-.-.. Dr PO Box No. ci/Y.-siai.:z;p+4Hi.UiiiiieISi-oiffi;-hi'A----17cr:ll;------ ---- ______h PS Form 3800, June 2002 See Reverse for lnstruct,ons . Complete nems 1, 2, and 3. Also complete llem 4 II Restricted DeUvery is desired. . Print your name and address on the reverse so that we can~, l- .'11 :card to you. . Attach this can:! to the baCK 01 the mailplilCe, or on the front If space p8rmits. 1. ArtIcle Addressed to: Timothy J. 1~ylor 1014 Princeton Drive Rummelstowu, PA 17036 3. _Type Artlfled Mall Cl ExpI\>Sll Mall Cl Registered Cl Rolurn Receipt for Mem_ O Insured Mail D C.O.D. .. Restricted DeIiVOlY? (Extra Foe) U Ves 2. ArtIcle Number (rransftJr frpm,~ IaJ PS Form 3811 , August 2001 7003 1010 0000 8131 2016 DomestIc Return Receipt 102595-02-M-154G LAW OFFICES SNELBAK ER & 3RENNEMAN, P.C. EXH1BlT B / --- ",.1 -,',', ._.1, "'t n ~ ~ s, c. ~ :f ,f. 'j. - THIS AGREEMENT is made and entered into this 2005 by and between: POST-NUPTIAL AGREEMENT / ~f day of y{JI(lfJbJ'. JOLENE V. TAYLOR, of914 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter "Wife" AND TIMOTHY 1. TAYLOR, of 1014 Princeton Drive, Hummelstown, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on September 13, 1989 in Dauphin County, Pennsylvania; and WHEREAS, the parties last resided with each other at 914 Allenview Drive, Mechanicsburg, Pennsylvania and were separated January 8, 2003; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they will separate and live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties have two children of their marriage; namely Caitlin Taylor, born December 22, 1989 and Brianna Taylor, born March 5, 1993; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their propeliy and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: I. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEP ARA TION. Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. Husband and Wife agree that Husband shall have and possess, free of any claim or interest of Wife, all collectibles owned by him located in the basement closet of the residence at 914 Allenview Drive, Mechanicsburg, together with all of his articles of clothing at the residence and any other items of personal property at the residence to which the parties may mutually agree after the date of this Agreement. In addition, Husband shall have and possess free of any claim or interest of Wife any items of personal property owned by him at any location off the premises of the residence at 914 Allenview Drive, 2 Mechanicsburg. Wife shall have and possess, free of any claim or interest of Husband, all items of personal property, furniture and furnishings located in the residence and on the premises of 914 Allenview Drive, excepting only those items specifically identified above as being possessed by Husband, provided however, that Husband shall have sixty (60) days from the date of this Agreement to remove all items of personal property identified as his above. Husband shall give Wife at least one week's prior notice of the time when he desires to remove his property identified above from the residence. In the event Husband fails to give Wife one week's prior notice or fails to remove all of his items of personal property from the residence within 60 days of the date of this Agreement, all items of personal property not removed by Husband shall be solely owned and possessed by Wife, free of any claim or interest of Husband and may be disposed of in any way Wife deems appropriate. The parties declare and acknowledge that the division of the personal property described above constitutes their mutual agreement to divide various items of personal property, possessions, furniture and furnishings (the "property") whether or not acquired during their marriage and whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are aware of all assets, property and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that 3 the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. MARITAL RESIDENCE AT 914 ALLENVIEW DRIVE. MECHANICSBURG, PENNSYLVANIA. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 9 I 4 Allenview Drive, Mechanicsburg, Pennsylvania (the "marital residence"). The parties further acknowledge that the marital residence is subject to a mortgage given by the parties to SunTrust (the "mortgage") and a home equity loan (second mortgage) given to Members 1st Federal Credit Union (the "home equity loan"). The parties acknowledge and agree that they will execute concurrently with the signing of this Agreement a special warranty deed conveying all right, title and interest in the marital residence solely to Wife. Wife agrees that she shall within two (2) years of the date of this Agreement, refinance the mortgage and home equity loan on the residence into her own name for purposes of releasing Husband from liability under the mortgage, home equity loan and accompanying notes. Wife agrees the mortgage payment, utilities, taxes, insurance and all other expenses, including the mortgage and home equity loan, associated with the o'Mlership, use and maintenance of the marital property now or in the future, shall be the sole responsibility of Wife and that Wife shall indemnify and hold Husband harmless of and from any such payments, costs 4 and expenses, including any attorney's fees incurred by Husband due to Wife's failure to pay for the foregoing. Husband acknowledges that Wife may, at her sole discretion, at any time sell the marital residence in which event Wife shall receive all proceeds from the sale of the residence free of any claim or interest of Husband. 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been or will be divided by mutual agreement to their satisfaction. 6. MARTT AL DEBT AND FUTURE OBLlGA TrONS. The parties acknowledge and agree that other than the two (2) mortgages identified in Paragraph 4, above, and certain debt associated with the vehicles referenced in Paragraph 7, below, the parties have incurred the following additional debts during their marriage: a. VISA credit card debt, which debt is in both parties' names; b. School loans obtained by Wife; and c. Lowe's account balance in Husband's name alone. The parties acknowledge that they are aware of no other debt for which the other is liable or responsible except that specifically mentioned in this Agreement. Wife agrees to pay and be solely responsible for paying the VISA, school loans and Lowe's account debts identified above. The parties acknowledge and agree that any and all debt and obligation incurred by either of them from the date of their separation of January 8, 2003 shall be the sole and separate liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnifY and hold harmless the other party of and from any and all claims, liability and 5 attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 7. AUTOMOBILES. The parties acknowledge that Husband is the sole owner of the 2005 Jeep Liberty which he acquired after the parties' separation and which is financed with Daimler Chrysler. Husband shall retain sole and exclusive ownership, possession and use of the Jeep Liberty and remain solely responsible for all amounts due Daimler Chrysler. The parties agree that they are the joint title owners of a 1998 Chevrolet Venture used by Wife, which vehicle is subject to a Joan held by Members 1 st Federal Credit Union. The parties agree that Wife shall retain sole and exclusive ownership, possession and use of the Chevrolet Venture and shall pay and be solely responsible for paying all amounts due on the Members 1st Federal Credit Union vehicle loan. Husband agrees that he shall comply within seven (7) days, with any request by Wife to sign and convey title to the Chevrolet Venture to Wife or any third party as Wife shall solely decide. Husband hereby releases, conveys and assigns to Wife, now and at all times in the future, any interest and claim in and to the Chevrolet Venture or the proceeds or value from any sale, transfer or trade thereof. 8. COUNSEL FEES. Husband agrees to pay for one-half of all legal fees and costs incurred by Wife associated with the initiation, processing and completion of the Divorce Action and the preparation, negotiation, consummation and compliance with the provisions of this Post- Nuptial Agreement. 6 9. PENSION, 40lK. RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. The parties acknowledge that Husband is the owner of a 40 I K retirement account through his former employer, Ahold USA. The parties further acknowledge that Wife participates in the PSERS by virtue of her employment as a school teacher. Regardless of the amoUnt or value of each party's plan benefit and whether or not said party is vested in said plan, each party waives and forever releases the other of and from any and all claims which either may have against the other's pension, 40 I K Plan, retirement plan or any other retirement plan, benefit or employee benefit or benefits. The parties agree that Wife has no obligation to provide, now or at any time in the future, medical, dental, eye or health insurance coverage for the benefit of Husband. 10. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 11. DIVORCE. On May 9, 2005, Wife initiated a divorce action in the Court of Common Pleas of Cumberland County docketed to No. 2005-2364 (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver immediately after 90 days of the service of the divorce complaint, the necessary affidavits, waivers and consents in the Divorce Action. 7 12. TAX IMPLICATIONS AND MATTERS. The parties agree the they shall file separate income tax returns for 2005 and that Wife that year and thereafter shall solely use and benefit from any mortgage and/or home equity interest as a deduction on her returns. The parties agree that in the event it is determined that there is any future tax liability of the partie.s, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. The parties further agree that Wife only shall be entitled to claim both of the parties' children as dependents for tax purposes for 2005 and all tax years thereafter. 13. CUSTODY AND CHILD SUPPORT. The parties agree that they shall attempt to decide matters of child support and custody of their two daughters outside of this Post-Nuptial Agreement. 14. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 8 15. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 16. COOPER}\. TION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 17. BREACR INDEMNIFICA nON. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses oflitigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 9 18. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 19. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 10 20. W AIVER/MODIFICA TION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. , 21. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the, Commonwealth ofPelillsylvania. 22. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 23. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: ~ k EAL) ~;(~ Jolene V. Taylor (SI::\L) 11 r.' c ~:~ ,::J"l (rl ~-) ~h ----I -\ .~ (;1 1 r.) ~, U1 CO ---- LAW OFFICES SNELBAK ER & BRENNEMAN, P.C. JOLENE V. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 2364 CIVIL ACTION - LAW CIVIL TERM TIMOTHY J. TAYLOR, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 330!(C) OF THE DIVORCE CODE I. A complaint in divorce under Section 330J(c) of the Divorce Code was filed on ay 9, 2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 equest entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand hat false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to sworn falsification to authorities. ate: September 1, 2005 Jolene V. Taylor, Plaintiff ~ "'" ~~L ;,-;jl 'f"^>) ~~ .-\ <~'~~1 JC - -- (S". C~ - LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JOLENE V. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005 - 2364 CIVIL ACTION - LAW CIVIL TERM TIMOTHY J. TAYLOR, Defendant IN DIVORCE DEFENDANT'S AFFIDA VII OF CONSENT UNDER SECTION 330l(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 9, 2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date ofthe 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 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to th enalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Date: September 1, 2005 \t , , Ti " ,-.,'" en c:: ----- - LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JOLENE V. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005 - 2364 CIVIL ACTION - LAW CIVIL TERM TIMOTHY J. TAYLOR, Defendant IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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. S 4904 relating to unsworn falsification to authorities. Date: September 1, 2005 v() .-:i ,--> ~.~ ~-;~.1 () -,"j ---\ ....; '" r-~; en C) LAW OFFICES SNELBAKER & BRENNEMAN, P.c. JOLENEV. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005 - 2364 CiVIL ACTION - LAW CIVIL TERM TIMOTHY 1. TAYLOR, Defendant IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330[(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the ehalties of 18 Pr)' !l 4904 relating to ! . unsworn falsification to authorities. ate: September 1, 2005 p J f'o,' "'''- en CJ "', (.::-~ ,-_/ -1/ ~-_rl ,-or; LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JOLENE V. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005 - 2364 CIVIL ACTION - LAW CIVIL TERM TIMOTHY J. TAYLOR, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entr) of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of Complaint: By certified mail, restricted delivery on May 12,2005. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: September 1,2005; by the Defendant: September I, 2005. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: September 1,2005; by the Defendant: September 1,2005. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: September 2, 2005 ~ By: Attorneys for Defendant C) r.,,,: --, --.1 01 C'.. . . . . . . . ... :+::+;;f.:+; '" Of.:f. 'I';t;:+::t' 'l':f. "":+; +:+; Of.:+:+;:+::+;:+ +.:+.:+ +++.++'I'++'I'+++++"'++:f.++++++++++++'I'+~ . . . . . . , , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . ;t;;f.:f.+:f.:f.+++'+' IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PENNA. STATE OF JOLENE v. TAYLOR, Plaintiff No. 2005-2364 CIVIL VERSUS TIMOTHY J. TAYLOR, Defendant DECREE IN DIVORCE AND NOW,~~ JOLENE V. TAYLOR , PLAI NTI FF, . , . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . , . . . . , . . . . . . , . . . . . . . . . . . +++~"f+++ ,-- ~~,ITIS rt ORDERED AND DECREED THAT TIMOTHY J. TAYLOR AND , 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; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+'++:+:+'f+ The parties' Post-Nuptial A2reement dated September None. 2005 but not merged into this Deere ATTEST: J. ~ /P"O"'O'OT'"' :t':+:++:;t;++Ci' . +++:++++++:+++'t'++T+++ +:'+'+++:++++'1'+++:++ ++++++++++'10:'1:+ _~ .f ~~ ~lt, -50' L b ~ .fPv "2 /!T'~ ~.X} .5(/ t. /7 ~ ..., ~ . -~ .,' " . .".... ... '"- .