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Home My WebLink About06-0432 .. -.;. vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O~ - Af:3'Jv C"Ut'l ~~ CIVIL ACTION - LAW DIVORCE CHERIE HAYDON, Plaintiff MICHAEL J. HAYDON, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 .--'4 J> CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 0(., - J.B')...... Ctl-,'tl/~ MICHAEL J. HAYDON, Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Cherie Haydon, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Cherie Haydon, is an adult individual who currently resides at 16 Shawn Road, P.O. Box 136, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Michael J. Haydon, is an adult individual who currently resides at 6285 Haydon Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 7, 1992, in Mechanicsburg, Cumberland County, Pennsylvania. COUNT I - DIVORCE PURSUANT TO &3301(c) OR &3301(d) OF THE DIVORCE CODE 5. Paragraphs one (I) through four (4) are incorporated herein by reference as if set forth specifically below. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. ...... cJ 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. There are no dependent children from this marriage. 10. The parties separated on December 3, 2005 and have lived separate and apart since that time. II. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the Plaintiff relief from the bonds of matrimony and order a Decree in Divorce. COUNT II - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY PURSUANT TO &3502 OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 14. Plaintiff and Defendant are the owners of various items of marital property acquired during their marriage, which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; ...'" ..... B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Sepatation Agreement is reached between the parties hereto prior to the time of the heating on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. RESPECTFULLY SUBMITTED: Dated:~b' y: -- ~ Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, P A 17011 PA Supreme Court ID No. 68735 Telephone: (717) 920-2500 Fax: (717) 920-9108 ATTORNEY FOR PLAINTIFF . >. . CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. MICHAEL J. HAYDON, Defendant ; CIVIL ACTION - LAW : DIVORCE VERIFICATION !, Cherie Haydon, hereby verifY that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made suhject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: I --- 17~{)1t Signature: !/Ivw cIIt~~ Cherie Haydon .f4. jC)P ~~:c \t ~ ~ ~ ~ lI\ \) V'l C> C> C) \ - - ....:t D Vi w ...t. )v ~ ~ .- .~ c ,_, -:0_ tL ::c !~ ~ -. -~-" 8 c'; r 'J "->" ~" CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-432 MICHAEL J. HAYDON, Defendant : CNIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on January 23,2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service ofthe 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 the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: /~-r"-~a/p Signature: /fJzLv'.t ~ Cherie Haydon (") c: '?'" ~, "'"'0 {.l. tPq ~~, =/ ....~. ce. ~-:..---- c';' I..~.. .<-;c::C; """"',,-- ""2 ~ ,.....:) = = <::l'"' ~ CJ N ~ -4 :::J:-n rnp -om -,..~c; .\~~~ ~~~ -,> :.0 .< -0 _A->' ~ N .. o \.0 CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-432 MICHAEL J. HAYDON, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses in 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. 94904 relating to unsworn falsification to authorities. Dated: JJ,.... F " ~ {){f; Signature: ttILu~ ~b1 Cherie Haydon o c s:. -0(\: rTi \1 ,..,...".. ~-. ~- if) % ....- '~f ~ ~(~~_: "Y'S; ~ r-:> g Cf' CJ rn c;J - N ~ .-4 ::.c:""l'1 tTIi"": -otn\ ~S~ C( '~~~ ~;:~ ;~~-t.~ (~ 1;>> ~ -0 ~ r:-? o u:> .... Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CHERIE HAYDON, v. : NO. 06-432 CIVIL TERM MICHAEL J. HAYDON, Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Complaint in Divorce, filed on January 23,2006, was served upon the Defendant indicated above on January 30,2006, by first class, Certified Mail No. 7000 15300001 6001 9890, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa.R.C.P. ~1930.4 (see attached Receipt). I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. MARIA P. COGNETTI & ASSOCIATES By: .,-- JEANNE B. COSTOPOULOS, E QUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff, Cherie Haydon Dated: December 18, 2006 - ,. e..9omplete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. a Print your name and .address on the reverse '. . a),that w~ can return the card to you. . "."Attach this card to the back of the mailpiece. or on the front if space permits. 1, Article Addressed to: ~\~c~J u.~~O~ ~ I 1 ~ HAlt t01. Uvs+ "'~~((sb~) PA- I' G <;' 0 2. Article Number (Trans'" ftom ~ic' tabfll) PS Form 3811, March 2001 --~ - o ~~"'ail o Return Receipt for Merchandlee [J Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Aa"Yes 7()()o t~1o OOO( 608(, qrC/o Domestic Return Receipt 102595-01-M-1424 (") c ~ -rJ tf"j cP rri rr f r,"l :-.~ ''1, <.~...) r\.' 1',) r~._) }.:,. j) .< C;'\ CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-432 MICHAEL J. HAYDON, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 23,2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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 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 the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 1~-l-~fUp Signature: ilk".t ~ Cherie Haydon (") C -.> I:J~ CDrt 2f~-- S2:'. ~>. ..... ... ._i .J:~f:::'~ Z ~ ~ ,......, <= = 0-. o rrl ("") o -n :i! rn ::!J , -om ~3X :..--;':\ ~.r-; 2~;~ :.~ So -< N -0 ~ f'..) o \.0 CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-432 MICHAEL J. HAYDON, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses in 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. 94904 relating to unsworn falsification to authorities. Dated: JJ,.... F " ~ {){f; Signature: ttILu~ ~ Cherie Haydon o c S. -c i:c nin-. :..-:;.-- - ~ ~: CJ:) -<., r:::\., <-"...~ "":>" 4(~~ ';"'~ -< ~ ~ = = D""' CJ Pl (J o -.., ~-n n1r= :Q e:J :=~~: ..;:--p :~!f~ (J --I ).> ::~ N -0 :::: I;? C) \.D CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-432 MICHAELJ. HAYDON, Defendant : CNIL ACTION - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 23, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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 request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that Date: false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. . ~. (2 - I'! - (1,( SIgnature: ~ Michael J. Haydon ~ N 0"1 ~ = = c::r. <::J ri-J C") 1'\., o -1'1 ::;:j i"fl::n r- ~rn I,: )"" . -.~:i {~) _:~ ~~5 CC i f11 ~ .....( i'"l :3;~= N CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-432 MICHAEL J. HAYDON, Defendant : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S 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. I 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses in 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. 94904 relating to Dated: /:<-15 - &,6 unsworn falsification to authorities. Sigpature:~ Michael J. Haydon - o r:. ~. , r--.,' = = (.:t' o -n ~ -.,- f"j"i :D ,. -:~J f"li :\.JC) ~~ eLj C? r~f-; C") t".J \j :'~~ __.~t y: ~ -< -'~~"" N N ()', I, ,Ifr .~ ,. MARITAL SETILEMENT AGREEMENT BY AND BETWEEN MICHAEL J. HAYDON AND CHERIE L. HAYDON ;' ,'" ~. 9 \.,.~..; r-..:> t~~:-.'> c::-') c7" CJ \-, n N n " .-1 :1: -n r11r"" LS -0 -'", r'-) N _..1 , , CHERIE HAYDON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 06-432 CIVIL TERM MICHAEL J. HAYDON, Defendant CIVIL ACTION - LAW DIVORCE MAJUTALSETTLEMENTAGREEMENT TillS AGREEMENT is made this ~ day of ~a~r , 2006, by and between Michael J. Haydon (hereinafter referred to as "Husband"), born October 4, 1957, and Cherie L. Haydon (hereinafter referred to as "Wife") born January 29, 1960. WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 7, 1991, in Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, no children were born of the marriage between the parties; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party aclmow1edges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is Husband's Initials: f!l/lJ:. Page 1 of 13 Wife's Initials: C,LH being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually or jointly, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Schuylkill County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or Husband's Initials: !f)7J.f Page 2 of 13 Wife's Initials:@ " statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on January 23, 2006, Wife initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 06-432 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree, that upon the expiration of the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to the Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said Affidavits and Waivers to the court, along with a Husband's Initials: /!lz!i Page 3 of 13 Wife's Initials: M Praecipe to Transmit Record and any and all other documents necessary to precipitate the prompt entry of a Divorce Decree. 5. EQUITABLE DISTRIBUTION. (a) Cash to Wife. In consideration of the mutual prormses contained herein, Husband shall pay to Wife the sum of $4,000.00, payable in four (4) equal monthly installments of $1,000.00 each, due on or before the 15th of each of month, beginning with the first payment due on or before December 15,2006. (b) Furnishines and Personalty. The parties acknowledge that they have satisfactorily divided their personal property and marital assets. (c) Motor Vehicles. Wife shall retain possession of and receive as her sole and separate property, the parties' 2001 Toyota RAV4 SUV. Within seven (7) days of the execution date of this Agreement, Husband shall execute any paperwork necessary to effectuate transfer of the RA V 4 solely to Wife. Other than the RA V 4, each party shall retain possession of and receive as his or her sole and separate property, any vehicles currently titled in his or her name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of the other. Each party shall indemnify and hold the other and his or her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with said vehicles. (d) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any Husband's Initials: (/IlH Page 4 of 13 Wife's Initials: ~ , . and all retirement benefits (including but not limited to penSIOn or profit sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (f) Cash Accounts. Stocks and Investments. (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature, which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature, which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts have been closed and the proceeds divided between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. Husband's Initials: rtI.J"1-!- Page 5 of 13 Wife's Initials: tlJ.t. ". , . (g) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (h) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (i) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (j) Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. Husband's Initials: 1/)f/iJ- Page 6 of 13 Wife's Initials:CUI+ ". (k) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. Any joint debts, obligations or other liabilities not described in this Agreement shall be assumed by Husband who agrees to indemnify, save and hold Wife and her property harmless from any liability, loss, cost or expense whatsoever relating to said debts. (I) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Wife in connection therewith. (m) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Husband in connection therewith. (n) Warranty as to Future Obli2ations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit Husband's Initials: ./Y),1H Page 7 of 13 Wife's Initials: C. LH '. cards and accounts for which that party is individually liable. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including reason~b1e attorney fees actually incurred in the event of breach hereof. 6. WAIVER OF ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution oftheir marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary Husband's Initials: 1!J1l4 Page 8 of 13 Wife's Initials: CLJf .. designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which Husband's Initials: 1f)IJ7.-1-- Page 9 of 13 Wife's Initials: C,L,ft either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtsey, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. Husband's Initials: ~ Page lOof 13 Wife's Initials:CLft '. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. BREACH. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover his or her reasonable out of pocket expenses, including but not limited to reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such , as the same shall be determined by the Court, unless the Court determines that the action was reasonable instituted and defended, and, in that event, the parties shall bear their own expenses and attorney fees. Provided, however, that neither party shall be liable for the other parties' expenses incurred in any child custody or child support action instituted to change the parties' respective rights and obligations with respect to child custody or child support as specifically set forth in this Agreement. 14. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 15. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by certified mail, return receipt requested, or alternatively may be effected by regular mail to the party's attorney of record. . 16. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as ofthe date of execution of this Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the Husband's lnitials:~ Page 11 of 13 Wife's Initials: ClLH .. same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 18. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 21. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 23. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, Husband's Initials: rww-- Page 120f13 Wife's Initials: CLlf ., and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all reasonable attorney fees, costs, and other expenses actually incurred as a result of such failure. 24. ENFORCEMENT RIGHTS. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their MICHAEL 1. HAYDON ~ ,/..~..,., , SS ----........ I/AJA:ucY~ CHERIE L. HAYDON Husband's lnitials..l.l!JJJ:l--- Page 13 of 13 Wife's Initials: CLtL .j COMMONWEALTH OF PENNSYLVANIA COUNTYOFC()JYtbu~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared Michael J. Haydon, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND this j,3tb. day of ~~ ,2006. NOTARIAL SEAL CAROLE A ROSE Notary Public TWSP OF LOWER ALLEN CUMBERLAND COUNTY My Commission Expires Oct 21. 2007 , CiLLDLL (). ~~ Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: .~ (arolL..A- .~ My commission expires: c:;c,-l .2,,1 I L007 COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared Cherie L. Haydon, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expreijd. GIVEN UNDER MY HAND this '1 Y-'-- day of ~/"~ ,2006. ~O~ No ublic in and for Commonwealth of Pennsylvania Typed or printed name of Notary: _~ctJM fl. Fic!c:- My commission expires: NOTARIAl SEAL DEBRA A. flllE, NOTARY PUBUC CI1Y Of HARRISBURG, DAUPHIN co. MY COMMISSION EXPIRES oct 24, 200t CHERIE HAYDON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-432 CIVIL TERM MICHAEL J. HAYDON, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 9 3301(c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: Service by certified mail, receipt no. 7000 15300001 6001 9890, on 1/30/06. See attached Affidavit of Service filed simultaneously with this Praecipe to Transmit the Record. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Cherie Haydon, Plaintiff, on December 8, 2006, and by Michael J. Haydon, Defendant, on December 13, 2006. 4. Related claims pending: None. Please incorporate, but do not merge, the Marital Settlement Agreement between the parties dated December 13,2006. 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: December 12,2006. Date Defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the Prothonotary: Filed simultaneously with this Praecipe to Transmit the Record. MARIA P. COGNETTI & ASSOCIATES By: ~--- ANNE B. COSTOPOULOS, ESQUIRE P A Supreme Court I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff, Cherie Haydon Date: December 18, 2006 ).>. o 5,: r--:> = = C>'"' C? Pi CJ r-.., o 11 ~~ rTI-~ -r-S j5q .'~~€r; "--~,::,: CS ,<~:--;' fT1 ?g .< -0 -,.. f"..) N en IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. CHERIE HAYDON, 06-432 CIVIL TERM Plaintiff No. VERSUS MICHAEL J. HAYDON, Defendant DECREE IN DIVORCE ,A.NO NOW, ~ CHERIE HAYDON , ZIJ'" , IT IS ORDERED AND z. ":I" DECREED THAT , PLAI NTI FF, MICHAEL J. HAYDON AND , DEFEN DANT, 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; NONE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated December 13, 2006, are hereby incorporated in this Decree in Divorce by reference as though fully set forth herein at length. ~~~..;t/4~ By THE COURT: OTHONOTARY J. ~~ ~)' .52 /V'?/J'P'~7 /:::7J4L ) T I" ~ . t/ r- V ? '-- / / '~7~ jz~/ ;:2. ~mv.~.J rp <:: /;' '-./ /