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HomeMy WebLinkAbout05-5480 o Marianne R Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 rd. No. 63522 Attorney for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 0::; - $'l./PO C;uJ c,- ffl-Vyj JEFFREY E. WYNN, Plaintiff DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB 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. Ajudgment 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, Cumberland County Courthouse, Carlisle, PA. 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 LA WYERA TONCE. 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 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OS' - .s:'1.P6 C;LJlL~&~ DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Jeffrey E. Wynn, by and through his attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: I. The Plaintiff, Jeffrey E. Wynn, is an adult individual who resides at 930 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant, Deborah Wynn, is an adult individual who resides at 60 Miller Street, Apt. B8, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 8/21/93. 5. Plaintiff avers that there is one child to the parties. 6. The Plaintiff and Defendant are both citizens ofthe United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 330 I ( c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 12/23/05. WHEREFORE, Plaintiffrespectfully requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and Defendant. Respectfully Submitted, Dated: /6~lg-05 ;k~ L2~o1, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 1d. No. 63522 JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verifY that the statements made in the foregoing 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: /0/ 19- O~ . ,A:..J0'bg. ~ k. 8 ....... r-- <:l ...( D C> ~C;j ,.> ':-';:' (~ t.,.::; -n C-i :..-:1 ,,-' ..-;-:; --. ," 1"-,' -q,~ C.:J ; ) :...i (" .-< 1'" :< (4,) , ~ r ~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff . JEFFREY E. WYNN, Plaintiff v. DEBORAH WYNN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05-5480 : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Valerie J. Faden, Esquire, attorney for Defendant, hereby accept service of Plaintiffs Complaint in Divorce and certify that I am authorized to do so. Dated: [0 -'2.1- 05 By: ., 1 Valerie J. Fa , squire Attorney fi Defendant 0 r-' C) r;-=:I C' c:::! -(1 c::-" -., ::;:1 fT1 _l~ -n co rrti::.::, " I co: ..0 , ,- -0 -"--~ C) ',-.-.. .1" (..:> ., :~2 f".) -J JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5480 DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 10-20-05. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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. 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: 1- 3~- ,,;Za;o ~eltL Deborah Wynn r r-> 0 c::~":J ~-\ 1 c:;;:> r;~""" -n r<' C;J I ...0 -0 ~~: c:':: ~~) --' :~ ."~- JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5480 DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~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! do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: 1- 3"- ~6 ~~ c: a~ Deborah Wynn (') c', 0 C:::-.' C c:.::::' _on ,7" -r,"\ ~? r" h-;l 0:.> \ cO -{! ...'" " c:? ::::~ 1'-' -' JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5480 DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on 10/20/05 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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. 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: f} 'W -C) ~ () :--.") C) r::.:;'l c~ -..--' -"1'1 .:.:;-" ; -n rn dO I ...0 __;"1 ::.k. t.0 N -l JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5480 DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. 1 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: {.;).- Co ' 0 (p --.;'. \J '(":::;,:1 .-.' c:;;~ (Y' .........\ ,-.-' OJ \ ,;,~) -:-:\ ::;'. ( , ~:-: r"1 r.) c:> - Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 171 09 717-657-0632 Id. No. 63522 Attorney for Plaintiff JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5480 DEBORAH WYNN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE Marianne E. Rudebusch, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 20th day of October, 2005, she did serve upon, Valerie J. Faden, Esquire, attorney for Deborah Wynn, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, postage pre-paid, to her. The Acceptance of Service was filed concurrently with this Affidavit of Service. . Said copy ofthe Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without her. Sworn to and subscribed before me this1~ day of 1O~,2006. ~~~ otary Public N01ARIAL SEAERy pU~lIC KATHERINE AN ~~~' ~~J~HIN COUNTY lOWER \~1~1,oION f~P\RfS SEPT Z Z006 MY COM,,, 00 By:~iClvVV\-€ f. ~~!.Y>dl Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 rd. No. 63522 () '" c (:~~, ;~) ,:-::) 0' n 'L' -,-, ". co ! V,:) ~" ::i: 0) '- f') -.I - . . , 'I , - ~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between JEFFREY E. WYNN, and DEBORAH E. WYNN, hereinafter referred to as "Husband" and "Wife" respectively. The parties were married on 8/21/93 and there is one child born of their marriage, to wit, Grant A. Wynn, born 10/23/98. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 1 , . . 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Valerie Faden, Esquire in reaching this Agreement, and Husband represents that he was represented by Marianne E. Rudebusch, Esquire, in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel. 2 , . - . .' . 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and 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 not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that 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, mayor shall be instituted by the other party, or from making any just or proper defense thereto. 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 is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby 3 . . . warrant, covenant and agree that, in any possible 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. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.SA. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 , 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband, with the exception of the items on attached Exhibit A, which shall be distributed to Wife within thirty (30) days of the execution of this agreement, with the exception of Grant's dresser and bed which shall be given to Wife after Grant reaches age 16; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Wife: 1996 Cobra 1965 Ford Mustang 2003 Honda Civic - Encumbered by a loan with Honda Financial; balance $6,772.00. Wife shall indemnify and hold Husband harmless for the loan on the car. Husband: 5 - . The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, within 14 days of a request by Wife to transfer the title to her alone. 9. DISPOSITION OF PROPERTY Except as otherwise provided in this Agreement, from and after the date of execution of this Agreement, both parties shall have complete freedom of disposition as to hislher separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Notwithstanding the preceding paragraph, Husband agrees not to place the marital residence (located at 930 Bosler Avenue, Lemoyne, Pennsylvania) for sale until two (2) years following the date of execution of this Agreement have expired. In the event Husband wishes to place the property for sale before two (2) years have expired from the date of execution of this agreement, a) and realizes a net equity in excess of $65,000, than Wife shall receive 50% of the amount over $65,000; or b) if Husband realizes a net equity under $55,000, than Husband shall receive from Wife 50% of the amount under $55,000. 6 , . . . Additionally, prior to the sale of the property, Wife shall be entitled to some of the plantings/landscaping. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 930 Bosler Avenue, Lemoyne, Pennsylvania, as tenants by the entireties. Wife hereby agrees to convey all her right, title and interest in said property to Husband. Wife agrees to execute a deed or other instrument necessary to effectuate the transfer at the time of settlement to occur within sixty (60) days of the execution of this agreement. The parties acknowledge that there is an existing mortgage against this property held by Washington Mutual in the amount of approximately $59,290,00 and a Home Equity Line of Credit with Citizens Bank in the amount of approximately $7,510.00. Husband agrees to obtain financing such that he shall satisfY said mortgages in total and shall assume total liability for the mortgages. Husband shall hold Wife harmless and indemnifY her from any and all liability for these obligations and any other obligations arising from this property. Husband shall pay to Wife $30,000.00 in a lump sum as her share of the equity in the property at the time of settlement. In addition, beginning the first day of the month following the date of execution of this agreement, Husband shall make regular monthly 7 . . . payments to Wife on the first day of each month in the amount of $222.22 per months for 18 consecutive months for a total of$3,999.96. 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: All debts in her name alone in the approximate amount of $27,718 Debt to her father evidenced in the note attached as Exhibit B B. HUSBAND - All debts in his name alone in the approximate amount of A. WIFE - $15,310 12. LEGAL FEES Each party shall pay his or her own attorneys fees. Husband shall, at his cost, file a Complaint in Divorce with the Court of Common Pleas of Cumberland County, Pennsylvania within 30 days of the execution of this agreement. Both parties will execute an Affidavit of Consent and Waiver of Notice after the 90 day waiting period has elapsed. 8 , . 13. ALIMONY Both parties acknowledge and agree that the proVISIOns of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by R.W. Connecting, Inc. and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by National Education Association and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 9 . 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non- taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state 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 indemnity 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 the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 10 , . 16. CHILDREN The parties have reached an agreement concerning the legal and physical custody oftheir son, Grant A. Wynn, and such agreement is attached as Exhibit C. 17. CHILD SUPPORT Neither party shall pay support for the child to the other for as long as the shared physical custody arrangement is in place and their respective incomes are similar. The parties agree to share equally all of Grant's daycare expenses and to pay for all daycare expenses incurred while Grant is in their respective custody as long as their incomes remain substantially similar. The parties agree to share equally Grant's play therapy expenses and both parties agree to take Grant to weekly play therapy during their respective periods of physical custody for as long as such therapy is recommended by the therapist. The parties agree to equally share all costs of lessons and extracurricular activities. Husband acknowledges that he owes back support for the child to Wife in the amount of approximately $700.00 and will make payments to her of $38.82 per months for 18 months beginning on the first of the month following the execution of the Marriage Settlement Agreement. Wife shall be entitled to claim Grant on her tax returns for 2005, 2006 and 2007 and every odd year thereafter. Husband shall claim Grant beginning in 2008 and every 11 even year thereafter. The parties agree to execute any and all documents necessary for these dependency deductions. Wife agrees to provide health insurance for the child for so long as it is available to her at no cost by her employer. If said insurance becomes unavailable to Wife and Husband has entitlement to insurance which can be provided to him at no or minimal cost, said insurance will be furnished by Husband. In the event that neither Husband nor Wife have insurance furnished to them by their employer at no cost, then the cost of insurance shall be allocated proportional to the parties respective incomes. The parties agree that all non-covered medical expenses for Grant shall be allocated proportional to the parties respective incomes. These expenses include doctor's visits, dental, vision and psychological/psychiatric care. 18. MISCELLANEOUS PROVISIONS - CHILDREN The parties agree to maintain an IRA No. 69917094 with Raymond James account for Grant. Within two years from the date of execution of this Marriage Settlement Agreement, the parties shall discuss how much each of them will contribute to such an account and at that time, Husband's name will be added to the account. The parties agree that each of them shall contribute a minimum of $50.00 per month to the account for Grant beginning no later than November of2007. 12 ". In the event that the parties cannot agree on a choice of college for Grant, they shall avail themselves of the services of a mediator to resolve this issue prior to litigation. The cost of such mediation shall be allocated proportional to the parties' respective incomes. Husband and Wife agree to provide appropriate educational opportunities for their son, Grant, including undergraduate college education and extracurricular lessons and activities, provided that Grant demonstrate readiness, ability and motivation to secure the benefits of higher education. The reasonable cost of college education shall include but not be limited to the following: tuition, room & board, books, supplies, fees, transportation and clothing. The parties must agree upon the choice of educational institution and in the event the parties do not agree, the parties shall mediate the issue. The parties agree to contribute to these educational expenses proportional to their respective incomes. In the event Grant secures a scholarship, grant or student loan for his undergraduate education, such scholarship, grant or student loan shall offset the parties' respective financial obligations to provide for his undergraduate education proportional to the parties' respective incomes, after the utilization of the IRA and any other grants and scholarships. The parties agree to pay the costs of education expenses even though the costs are incurred after Grant reaches majority age. The parties agree to continue to provide health insurance for Grant while he is attending college and is eligible for such coverage under a parent's plan. The parties agree that they will share the unreimbursed costs of Grant's medical, dental, orthodontia, 13 vision and psychologicaVpsychiatric care while he attends college proportional to their respective incomes. 19. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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. Likewise, the failure of any party to meet his or her obligations under anyone 14 -. or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - The parties may make modifications to the Agreement by mutual consent in writing. In the absence of mutual consent, the terms of the Agreement shall control. If either party desires to have this agreement modified in the absence of mutual consent, the person seeking to modify this Agreement shall initiate an Alternative Dispute Resolution (ADR) Process, such as mediation or the Collaborative process, to review the terms of the Agreement with the other party. The implementation of any ADR process shall not constitute a commitment to change the Agreement by either party. 15 , . G. Both parties agree to first participate in good faith in an ADR process to resolve any disputes concerning the terms in any paragraph of this Agreement before resorting to litigation as a means to resolve the dispute. H. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. J. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. K. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 16 L. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. M. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. N. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. O. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will 17 pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. P. DATE OF EXECUTION - The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed this Agreement if they do so on the same date, or if not on the same date, then the date upon which Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding on both parties on the execution date. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the /3T}f day of (X-J-oh2 t<--- , 2005, at Harrisburg, Pennsylvania. In the presence of: /,,/ J (SEAL) /~tAc~~e t ~c,u'<J-,cZ WITNESS 'd ~ /' / - fl{ / yXf--- WITNESS j /I ((1 w __6/C/Il{}c~L . P"fM~ (SEAL) Deborah E. Wynn (! 18 LIST OF ITEMS WIFE IS TO RECEIVE FROM THE MARITAL HOME . Vase . 8 dravver dresser . Grant's toy chest . 50% of the shrubs at the marital home at the time the property is sold or when Wife purchases a house of her own, whichever occurs first . Grant's bed once he no longer uses it . Maple dresser in Grant's room once he no longer uses it . A night stand . Antique couch EXHIBIT A EXHIBIT B V'!'.f\ '\ ( ( $17,940.00 INSTALLMENT NOTE March 1,1994 FOR VALUE RECEIVED, the undersigned (Borrowers) promise to pay to the order of Samuel J. Schultz, the principal sum of Seventeen Thousand Nine Hundred Forty dollars, with the interest on the unpaid balance from the date of this Note, until paid, at the rate of 5. 750%. Principal and interest shall be payable at 28211 Bytha Way, P.O. Box 473, Silverado, CA 92676, or such other place as the Note holder may designate, in consecutive montWy installments of One Hundred Ninety-Six and 93/100 dollars ($196.93) on the 1st day of each month beginning Aprill, 1994. Such montWy installments shall continue until entire indebtedness evidenced by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable ten (10) years from the date hereon. The monthly principal and interest payments are based on a ten (10) year mortgage amortization schedule. If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to any Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note holder. The date specified shall not be less than thirty days from the date such notice is mailed. The Note holder may exercise this option to accelerate during any default by Borrowers regardless of any forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasoJlllble costs and expenses of suit, including, but not limited to, reasonable attorney fees. Borrowers shall pay to the Note holder a late charge of five percent of any monthly installment not received by the Note holder within ten days after the installment is due. Borrowers may repay the principal amount outstanding in whole or in part at any time and without penalty Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors, and endorsers, and shall be binding upon them and their successors and assigns. Any notice to Borrowers provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrowers at 1010 N 3rd St., 1st ( ( $17,940.00 INSTALLMENT NOTE March 1, 1994 Floor Rear Apt., Harrisburg, P A 17102, or to such other address as Borrowers may designate by notice to the Note holder. Any notice to the Note holder shall be given by mailing such notice by certified mail, return receipt requested, to the Note holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrowers. The indebtedness evidenced by this Note is secured by a Deed of Trust dated (Thi~ ~p.p.tion mflY hp. rp.qllirp.o to hp. p.omplp.tp.o M ~omp. filtllrp. oMp. to protP.P.t thp. intp.rc>~t ofthp. Notp. holop.r), and reference is made to the Deed of Trust for rights as to acceleration of the indebtedness evidenced by this Note. It is also expressly agreed that if title to the mortgage premises described in the aforesaid Deed of Trust be transferred without the prior written consent of the Note holder, either by Deed or installment sales agreement, whether such transfer be recorded in such county office for said purpose or not, and in either such case, the whole unpaid principal debt plus accrued interest and/or other charges, if any, shall at the option of the Note holder become immediately due and payable. And also, from time to time, and at all times, until payment of said principal sum be made as aforesaid, keep the building, erected and to be erected upon the land described in the aforesaid Deed of Trust, insured for the benefit of the Note holder, in some good reliable Stock Insurance Company or Companies to the amount of at least Seventeen Thousand Nine Hundred Forty dollars ($17,940.00), and take no insurance out on said building not marked for the benefit ofthe Note holder. Signature of Borrower Signature of Borrower Address 2 . . . . . . CUSTODY AGREEMENT THIS AGREEMENT made this 6th day of October, 2005, by and between JEFFREY E. WYNN (hereinafter "Father") of Lemoyne, Cumberland County, Pennsylvania, and DEBORAH E. WYNN (hereinafter "Mother") of Lemoyne, Cumberland County, Pennsylvania, WHEREAS, Father and Mother are the natural parents of GRANT A. WYNN born October 23, 1998 (hereinafter "Child"), and; WHEREAS, father and mother are legally married but separated and will be pursing a divorce and desire to enter a legally binding Agreement in reference to shared legal and physical custody of the Child, and; NOW, THEREFORE, with the foregoing recitals incorporated in this Agreement and specifically deemed a part of it, the parties to this Agreement, in consideration of the mutual promises and covenants contained in this Agreement, and intending to be legally bound, effective upon the date above first written, hereby agree as follows: I. Legal Custody. The parties will share joint legal custody of the Child. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education/religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a yiew toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to impair the other party's rights to shared legal custody and shared physical custody of the Child and each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the I . . . . responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 95309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing enrollment in college, authorizing their Child's driver's license or purchase of an automobile, authorizing employment, authorizing either Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Phvsical Custodv. Primary physical custody of the child shall be shared equally according to the following schedule: alternating weeks with the Child residing one week with mother and one week with father. During each parent's alternating week of physical custody, the other parent shall enjoy one evening of physical custody of the Child as the parties may mutually agree. In implementing this schedule, the parties agree to follow the recommendations of their individual therapists as well as the recommendations of the Child's therapist. The parents shall permit and support the Child's access to all family relationships. Special family events, such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to 2 . . . . - the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging any regularly occurring extracurricular activities for the Child which might interfere with the regular schedule. During any period of custody the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parents shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 3. Vacations and Holidays. a. For the Christmas holiday, the parties agree to permit the child to spend part of the holiday with each parent and his or her extended family as the parties mutually agree. b. The child will be with Mother on Mother's day and the child will be with Father on Father's Day. For all other holidays and the child's birthday, the parties agree to permit the child to spend part of the day (or holiday) with each parent and his or her extended family as the parties mutually agree. c, Summer vacations shall be at the discretion of the parties, as they mutually agree, giving the other party at least 30 days notice of said vacation and each party shall provide contact information to the other party to facilitate contact with the child during summer vacations by both parents. 4. Transportation. Father and Mother will work out the specific times for custody exchanges and how they will share transportation to and from day care by their mutual 3 . . . , . . agreement. The parties agree to give each other reasonable notice regarding custody exchanges and any proposed changes to the schedule. 5. Communication. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health, education, and progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Child's schools, physicians, psychologists or other individuals concerning the Child's welfare. 6. No Conflict Zone. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall prohibit third parties from making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent agrees to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. 7. Relocation. Neither parent shall permanently relocate if the relocation would necessitate change in the visitation schedule or if the relocation would result in a change of 4 ~ " . school for the Child or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents the opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. For Grant's welfare, neither parent should consider moving very far from the other until he reaches adulthood. 8. Modifications. The parties may make modifications to this Custody Agreement by mutual consent. In the absence of mutual consent, the terms of this Custody Agreement shall control. If either party desires to have this Agreement modified in the absence of mutual consent, the person seeking to modify this Custody Agreement shall initiate an Alternative Dispute Resolution (ADR) Process, such as Mediation or the Collaborative process, to review the terms of this Custody Agreement with the other parent. The implementation of any ADR process shall not constitute a commitment to change the Custody Agreement by either parent. Both parents agree to first participate in good faith in an ADR process to resolve any disputes concerning this Custody Agreement before resorting to litigation as a means to resolve the dispute. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date above first written: ~ f~J~cQt~ ~~~- Witness ~L C! W~ DEBORAHE.WYNN 5 -. . . . '. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF t:xwpltv\^ : ss. On this 6'" day of October, 2005, before me, the subscriber, a notary public, personally appeared DEBORAH E. WYNN, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N01ARIAL SEAL KATHERINE A, FREY, NOTARY PU8L1C LOWER PAXTON lWP., OAUPHIN COUNlY MY COMMISSION EXPIRE S Pl 2 2006 Notary Public .~ '~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF l')CLvfl L ss. On this 6th day of October, 2005, before me, the subscriber, a notary public, personally appeared JEFFREY E- WYNN, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL MiHER\NE Ari ;~~' ~m~~iNPgg~~ ~~WJ~t:~I\\~ON EXPIRES SEPT 2 2006 ~ ----- . "11. Notary Public ~ 6 (~' r-~ G' 0, n -n '; :- " - JEFFREY E. WYNN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5480 DEBORAH WYNN, Defendant : 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 3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: October 21. 2005. Acceptance of Service. 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, 2/6/06 ; by Defendant, 1/30/06 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. . '. 4. Related claims pending: All claims were resolved by during. a Master's Hearing on 10/13/05 5. Complete either (a) or (b). (a) Date and manner of service of the Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 2/9/06 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 2/9/06 By: AhMihVlMi F. f2qtt CAYJ ~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 Attorney for Plaintiff Dated: ~-I~-D~ C) c~. -'n ,,-, ~:; C,'\ ~' <~.;\ .~;1 7".~ " -- 0'< - . JE FFREY E. WYNN ++++++++++++++++++++++++++++++++++++++++++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++++++++++++++++++++++++++++++++++++++++++++++++++~ ++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Plaintiff No. 05-5480 VERSUS DEBORAH WYNN, Defendant DECREE IN i DIVORCE o;t I (.')/A. ht F~. ~ . + .,)~ , 2006 " IT IS ORDERED AND AND NOW, + + + . + + + + + + + + + + . + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~+++++++++++++++++++++++++ DECREED THAT Jeffrey 'E. Mynn , PLAINTIFF, AND Deborah Wynn , 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 F'INAL ORDER HAS NOT YET BEEN ENTERED; 10/13/05 is The attached Marriage Settlement Agreement dated hereby incorporated this Divorce Decree. By ATTEST: ROTHONOTARY J. ~p b "7 ~m-;I,/~<< '7(} Lt: ,15; (5'J ~ jzv ~ ~1'~J.f'Q 'V L( t . . .