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HomeMy WebLinkAbout01-5265 8.15.01 Wendy A. Hyser IN THE COURT OF COMMON PLEAS OF CUMBERIJYND COUNTY, PENNSYLVAI~IA WENDY A. HYSER, Plaintiff MICHAEL G. HYSER, Defendant CIVIL ACTION - LAW DIVORCE 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 8.15.01 Wendy A. Hyser IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY A. HYSER, Plaintiff MICHAEL G. HYSER, Defendant : CIVIL ACTION : DIVORCE Plaintiff, Wendy A. Hyser, and files this Complaint statement: of ~_~__, 2001, comes the by her attorney, DIANE G. RADCLIFF, ESQUIRE, in Divorce of which the following is a The Plaintiff is Wendy A. Hyser, an adult individual residing at 6103 Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant is Michael G. Hyser, an adult individual residing at 6103 Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on May 29, 1992 at Mechanicsburg, Cumberland County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised of the availability of counseling and the 8.15.01 Wendy A. Hyser right to request that the Court require the parties to participate in counseling. The Defendant is not a member of the Armed Services of the United States or any of its Allies. The Plaintiff avers that the grounds on which the action is based are: That the marriage is irretrievably broken; Or in the alternative, That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Respectfully submitted, ~IAN~~LIFF,~QUIRE ~~l~Ae~ll ~ Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff 8,15.01 Wendy. A. Hyser VERIFICATION I verify that the statements made and correct. I understands that false subject to the penalties of 18 Pa.C.S. unsworn falsification to authorities. in this Complaint are true statements herein are made Section 4904, relating to - 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY A. HYSER, Plaintiff v MICHAEL G. HYSER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF CONFLICT OF INTEREST I, the undersigned MICHAEL G. HYSER, hereby authorize DIANE G. RADCLIFF, ESQUIRE, to represent my wife, Wendy A. Hyser, in the above-referenced divorce action to be filed in Cumberland County, Pennsylvania. In granting this authorization I waive and renounce any conflict of interest that she may have in representing Wendy A. Hyser in this divorce action as the result of her prior representation of me, either individually or jointly with my wife, regarding real estate matters, business purchases, and the like, and any discussions that she may have had regarding the filing of the divorce action and the settlement of this case with me. Date: ~'~/~C~./ M~i~~6~~ - 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY A. HYSER, Plaintiff MICHAEL G. HYSER, Defendant : NO. 01-5265 : : CIVIL ACTION : IN DIVORCE ACCEPTANCE OF SERVICE I, Micahel G. Hyser, the Defendant in the above captioned action, hereby accept service of the Complaint in Divorce filed in the above captioned matter on September 7, 2001. Date: - 1 - SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1() (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY' S OFFICE. DATE January 31, 2002 DOCKET NUMBER 01-5265 PLAINTIFF'S NAME Wendy A. Hyser PLAINTIFF'S SS # 198-50-0475 DEFENDANT'S NAME Michael G. Hyser DEFENDANT'S SS# 183-42-0758 Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 WENDY A. HYSER, Plaintiff MICHAEL G. HYSER, Defendant MARITAL : IN THE COURT OF COMMON PLEAS OF ' : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-~ AGREEMENT BETWEEN WENDY A. HYSER AND MICHAEL G. HYSER Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 TABLE OF CONTENTS INTRODUCTION AAID RECITALS ................................ _1 SECTION I General Provisions ....................................... 3 SECTION II Separate Property and Debts .............................. 19 SECTION III Marital Property ......................................... 23 SECTION IV Marital Debts ......................................... 37 SECTION V Alimony, Spousal Support, Counsel Fees And Costs ......... 42 SECTION VI Closing Provisions and Execution ......................... 43 Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 INTRODUCTION AND RECITALS by and between WEN-DY A. HYSER ( "Wife" ) of 6103 Locust Lane, Mechanicsburg, Pennsylvania, and MICHAEL G. HYSER ("Husband") of 6103 Locust Lane, Mechanicsburg, Pennsylvania. W I TNE S E TH : WHEREAS, the parties hereto are husband and wife, having been married on May 29, 1992 in Mechanicsburg, Cumberland County, Pennsylvania and; WHEREAS, there were no children born of this marriage; and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and 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 by specification: - 1 - Wendy A. Hyser/8/28/0! Marital Agreement; revised 10/29/01; revised 1/21/02 the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the o~her or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: THIS SPACE INTENTIONALLY LEFT BLANK Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of the Divorce Law if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including, but not limited to, affidavits of consent and waiver of notice forms, necessary and required to secure the entry of the divorce decree. If either party fails or refuses to finalize said divorce or to execute and file the documents necessary ~o finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this - 3 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 Agreement, provided he or she elects in writing to make such termination within sixty (60) days of the date said documents should have been signed and filed. 1.03. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 1.05. NON-MERGER This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1~06. DATE OF EXECUTION The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last - 4 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 executing this Agreement. 1.07. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.08. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Husband by said counsel. Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 1.09. AGREEMENT PREPARED JOINTLY BY PARTIES This Agreement has been prepared by the joint efforts and input from each of the parties. 1.10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Ao Riqhts: Each party understands that under the divorce laws each party has the following rights: 1. Inventory: To obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; 2. Appraisals: To have all such property valued by means of appraisals or otherwise; - 6 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 3. Income and Expense Statement: To obtain an income and expense statement of the other party; 4. To conduct informal and formal discovery to obtain any and all information and documentation relevant to the within divorce action and any related economic issues; 5. Court Hearings: To have a court hold hearings and make decisions on the matters covered by this Agreement. Acknowledgment: Each party hereby acknowledges that: 1. Court Decision: A court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement; 2. Fair and Equitable: This Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests; 3. No Fraud or Undue Influence: This Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. both Waiver: Given said understanding and acknowledgment, parties hereby waive the following procedural rights: wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 2 o Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code; Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court; Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court; Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 5 o court determines to be marital; Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. BANKRUPTCY 1.12. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 1.13. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live - 9 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and 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. 1.14. MUTUAL R~.LEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: a. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now - 10 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 bo Co has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. Dower, Curtesy, Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtsey or 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; Life Time Conveyances: 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 (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; Marital Riqhts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as 11 Wendy A. ~yser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 e o a result of the marital relation or otherwise. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.17. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take 12 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.18. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.19. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.2 0. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their - 13 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. 1.21. 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 subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 1.22. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: 14 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damaqes: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502 (e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. 1.23. LAW OF PENNSYLVANIA APPLICABL~. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. - 15 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 1.24. 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 remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. nor shall they affect its meaning, construction or effect. 1.2 5. INCOME TAX MATTERS income tax matters regarding the parties the With respect to following shall apply: a. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the 16 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 other from and against any loss or liability for any such tax deficiency or assessment 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 failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. b. Current Returns: The parties shall file individual and separate Federal and State income tax returns for the calendar year 2001, unless otherwise agreed by the parties. 1.26. PRESERVATION OF RECORDS Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.27. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. - 17 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 1.28. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.29. 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. THIS SPACE INTENTIONALLY LEFT BLANK - 18 - Wendy A. Hyser/8/28/0! Marital Agreement; revised 10/29/01; revised 1/21/02 SECTION II SEPARATE PROPERTY AND DEBTS 2.01. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.02. WAIVER OF IAV~ERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. - 19 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 2.03. SEPARATE PROPERTY With respect to any property acquired by either party prior to the date of marriage, or during the marriage by way of gift or inheritance, or after the date of separation("Separate Property"), the parties agree as follows: a. bo Husband's Separate Property: The parties confirm that the following property is at all times during the marriage was, and shall after the divorce remain, the Separate Property of Husband: 1. Furniture and household goods acquired before marriage. Wife's Separate Property: The parties confirm that the following property is at all times during the marriage was, and shall after the divorce remain, the Separate Property of Wife: 1. 2. 2.04. Each party forever Furniture and household goods acquired before marriage; $14,000.00 in value of the Martial Home previously acquired from Husband under prior marital agreement. RELEASE OF INTEREST IN SEPARATE PROPERTY releases any claim to or interest in the - 20 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 Separate Property of the other, whether the interest might arise incident to the marital relationship or otherwise. 2.05. SEPARATE DEBTS With respect to any debts incurred by either party prior to the date of marriage, or after the date of separation("Separate Debts") the parties agree as follows: A. Husband' s Separate Debts: The parties confirm that the following debts and obligations are, at all times during the marriage were, and after the divorce shall remain, the Separate Debts of Husband: 1. NONE B. Wife's Separate Debts: The parties confirm that the following debts and obligations are, at all times during the marriage were, and after the divorce shall remain, the Separate Debts of Wife: 1. NONE 2.06. INDEMNITY FOR SEPARATE DEBTS Each party agrees to pay his or her Separate Debts. Each party agrees to hold the other harmless from any and all liability on account - 21 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 of the Separate Debts. If any claim, action or proceeding seeking to hold the other party liable on account of thee Separate Debts is instituted, the responsible party will at his or her sole expense defend and indemnify the other party against any loss that he or she incurs as a result of the claim, action or proceeding. THIS SPACE INTENTIONALLY LEFT BLANK 22 Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 SECTION III MARITAL PROPERTY 3.01. FINAL DISTRIBUTION OF ~ARITAL PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 3.02. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in - 23 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 "as is" physical condition, without warranty or representation by or from the other party. 3.0 3. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: a. Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees as follows: 1. Husband' s Personal Property: The following items of personal property shall be retained and received by Husband as his Personal Property: A. Any personal property which he owned prior to the date of marriage; B. Any personal property which he acquired during any period of separation; C.Husband's clothing and personal effects. 2. Wife's Personal Property: The following items of personal - 24 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 property shall be retained and received by Wife as her Personal Property: A. Any personal property which she owned prior to the date of marriage; B. Any personal property which she acquired during any period of separation; C. Wife's clothing and personal effects; D. All marital home appliances; E. Lawn tractor. b. Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 3.04. VEHICLES, BOATS AND THE LIKE With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a. Wife's Vehicles: The following Vehicles shall be the sole and separate property of Wife: - 25 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 C o 1. The 1997 Ford Expedition (currently titled in Husband's name and subject to a debt owed to ABF Credit Union; 2. The R & L Deli 1999 GMC One-Ton Cargo Van (currently titled in Husband's name); 3. Any other Vehicle titled in Wife's sole name shall be the sole and separate property of Wife. Husband's Vehicles: The following Vehicles shall be the sole and separate property of Husband: 1. The 2001 Isuzu (currently titled in Wife's name and subject to a debt owed to PSECU); 2. Any other Vehicle titled in Husband's sole name shall be the sole and separate property of Husband. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the - 26 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 eo proper party on the distribution date. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to refinance said loan within thirty (30) days of the date of this Agreement so as to remove the other party from liability thereunder. Specifically it is agreed that Wife shall assume liability for and shall refinance the Expedition debt with ABF and, Husband shall assume liability for and shall refinance the Isuzu debt refinancing, with PSECU. If either party is denied said they shall reapply for that refinancing annually thereafter until the loan is refinanced and the other party released from liability thereunder. Waiver: Each of the parties hereto does specifically waive, 27 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 3 · 0 5 . REAL ESTATE Wife is the sole owner of a certain tract of improved real estate known and numbered as 6103 Locust Lane, Mechanicsburg, Pennsylvania, heretofore utilized as their marital home ("the Marital Home") having an approximate value of $192,500.00 and which is encumbered with a mortgage owed to Sun Trust Mortgage, Inc. and a home equity loan owed to Member's 1st Credit Union (garage loan), collectively having an approximately balance of $115,100.00 (collectively, the "Mortgages") resulting in a net equity of $77,400.00. It is further acknowledged that the parties previously separated and entered into a prior marital agreement, pursuant to which Wife purchased Husband's interest in the Marital Home for $14,000.00. With respect to the Marital Home and the Mortgages the parties agree as follows: A. Conveyance: Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest 28 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 in and to the Marital Home, and Husband specifically waives, releases, renounces and forever abandons all Husband' s right, title and interest therein. The deed of conveyance therefor shall be executed by Husband contemporaneously with his execution of this Agreement and shall delivered to Wife on that date for recordation. B. Liens and Encumbrances: The said conveyance shall be subject to all liens and encumbrances including, but not limited to, the lien of the Mortgage (but excluding the Mike's Ice Cream Vartan Loan provided for hereafter) and further shall be under and subject to any covenants and restrictions of record. Wife shall hereinafter be solely responsible for the payment of the Mortgages, and all other liens and encumbrances (excluding the Mike' s Ice Cream Vartan Loan provided for hereafter and shall indemnify, protect and save Husband harmless therefrom. 3.06. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, - 29 - wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans") . Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 3 · 07. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, - 30 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 3.08. R&L DELI The parties are partners in a business known as R& L Deli. With respect to this partnership the parties agree as follows: a. Termination: The partnership shall be terminated as of the date to be selected by Wife, but in no event any later than June 30, 2002, unless the parties mutually agree to a different termination date hereafter. Pending said termination all profits shall be paid to Wife and all losses shall be the responsibility of Wife. Transfer of Interests: Upon termination Husband's shall transfer all of his partnership interest therein to Wife. Life Insurance: As long as Husband remains liable on any debts or obligations of R&L Deli (the "Joint R&L Deli Debts"), Wife shall maintain a life insurance policy on her life having a death benefit sufficient to pay off the Joint R&L Deli Debts upon her death. Husband shall be named as the death beneficiary of that policy to the extent and - 31 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 maximum amount of the outstanding amount of the Joint R&L Deli Debts under the condition and with the understanding and agreement that Husband shall use those death benefits and shall be required to pay off the Joint R&L Deli Debts upon Wife's death so that Husband, Wife or Wife's estate shall not be required to pay any of the outstanding Joint R&L Deli Debts upon Wife's death. Indemnity: Wife shall be solely responsible for and shall make timely payments required under the R& L Deli Vartan Loan and shall indemnify protect and hold Husband harmless from any and all liability thereunder. R&L Deli Vartan Loan Refinance: Within ninety (90) days of the date of this Agreement Wife shall refinance the R&L Deli Vartan Loan so as to release Husband from any and all liability thereunder and so that Husband is no longer liable thereunder. In the event Wife is unable to secure that refinancing she shall reapply for that refinancing yearly thereafter until the refinancing and release are obtained and Wife shall complete all the necessary paperwork and requirements of the lender to secure that refining loan. 32 Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 3.09. MIKE'S ICE CREAM Husband is the sole owner of a sole proprietorship known as Mike's Ice Cream. The parties are jointly obligated on a $25,000.00 loan for that business with Vartan Bank, which loan is secured by a mortgage against the Marital Home ("Mike's Ice Cream Vartan Loan"). Further, the parties are joint Lessees on the Harristown Lease for the property or space in which this business operates{~Harristown Lease"). With respect to this business and Mike's Ice Cream Vartan Loan and the Harristown Lease the parties agree as follows: a. Waiver: Wife hereby specifically waives, releases, renounces and forever abandons whatever claims, if any, she may have with respect to Mike's Ice Cream, which business is and shall remain the sole and separate property of Husband. b. Indemnity: Husband shall be solely responsible for and shall make timely payments required by the Mike's Ice Cream Vartan Loan and Harristown Lease and shall indemnify protect and hold Wife harmless from any and all liability thereunder. c. Mike's Ice Cream Vartan Loan Refinance: Within ninety (90) days of the date of this Agreement Husband shall refinance - 33 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 the Mike's Ice Cream Vartan Loan so as to release Wife from any and all liability thereunder and so that the Marital Home is not longer subject to the lien of mortgage securing the Mike's Ice Cream Vartan Loan. In the event Husband is unable to secure that refinancing he shall reapply for that refinancing yearly thereafter until the refinancing and release are obtained and Husband shall complete all the necessary paperwork and requirements of the lender to secure that refining loan. Harristown Lease: Within ninety (90) days of the date of this Agreement Husband shall attempt to secure a release of Wife from any and all liability under the Harristown Lease. In the event Husband is unable to secure that release he shall reapply for that release yearly thereafter until the release is obtained and complete all the necessary paperwork and requirements of the Landlord to secure that release. Life Insurance: As long as Wife remains liable on any debts or obligations of Mike's Ice Cream (the ~Joint Mike's Ice Cream Debts"), Husband shall maintain a life insurance - 34 - wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 policy on his life having a death benefit sufficient to pay off the Joint Mike's Ice Cream Debts upon his death. Wife shall be named as the death beneficiary of that policy to the extent and maximum amount of the outstanding amount of the Joint Mike's Ice Cream Debts under the condition and with the understanding and agreement that Wife shall use those death benefits and shall be required to pay off the Joint Mike's Ice Cream Debts upon Husband's death so that Wife, Husband or Husband's estate shall not be required to pay any of the outstanding Joint Mike's Ice Cream Debts upon Husband' s death. 3.10. MONETARY PAYMENT In consideration of the Division and transfer of marital assets and debts herein provided, Wife shall pay Husband the amount of $27,000.00, which payment shall be made to Husband within ninety (90) days of the date of this .Agreement. 3.11. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable - 35 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 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 terms of this Paragraph on his or her applicable federal or state income tax returns. THIS SPACE INTENTIONALLY LEFT BLA/~K 36 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 SECTION IV DEBTS 4.01. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4 . 02 . HUSBAND ' S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands - 37 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 made against her by reason of debts or obligations incurred by him. 4.03. MARITAL DEBT During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: A. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. B. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. The ABF Credit Union vehicle loan for Wife's Vehicle (¶3.04); 2. The Mortgages(¶3.05); 3. Any and all taxes resulting from her withdrawal of 38 Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 Co funds from her Retirement Plans set forth herein(¶3.06); 4. Any debts of R&L Deli after termination of the partnership (¶3.08); 5. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Harristown Lease and the costs of securing the release of Wife from that lease (¶3.09); 2. Vartan Loan and the costs of refinancing that loan(¶3.09); 3. The PSECU vehicle loan for Husband's Vehicle(¶3.04); 4. Any and all taxes resulting from his withdrawal of funds from his Retirement Plans set forth herein(¶3.06); Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in 39 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 Husband's sole name and not otherwise provided for herein. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge .shall immediately repay the same. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall 40 Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 cooperate in closing any remaining accounts which provide for joint liability. H. Refinance: Except as otherwise provide for herein, in the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within ninety (90) days of the date of this Agreement so as to release the other party from any and all liability thereunder. 4.04. INDEHNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. - 41 - Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 SECTION V ALIMONY, SPOUSAL SUPPORT COUNSEL FEES AND COSTS 5.01. WAIVER OF COUNSEL FEES AND COSTS The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for counsel fees, costs and expenses. 5.02. ALIMONY AND SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. THIS SPACE INTENTIONALLY LEFT BLANK - 42 Wendy A. Hyser/8/28/0! Marital Agreement; revised 10/29/01; revised 1/21/02 CLOS SECTION VI PROVISIONS AND EXECUTION 6.01: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 6.02: FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 6.03 BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement in various counterparts, each of which shall constitute an original. - 43 - wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 WITNESS: Date (SEAL) MICHAEL G. HYSE~v~/ (SEAL) Date: 44 Wendy A. Hyser/8/28/01 Marital Agreement; revised 10/29/01; revised 1/21/02 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this the ~O day of ~'~_-,-,~ , 2002, before me the undersigned officer, personally appeared, WEEDY A. HYSER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notarial Seal Diana G. Radcliff, Notary Public Camp Hill Boro, Cumberland Court My Commission Expires Jan ~ 1, 2~tyO4 Member, Pennsylvania Associat,?~ olNotarie~ COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this the ~O~day of_ --~ ~ ~_~, 2002, before me the undersigned offic-~r, ~ersonal'l~-appeared, MICHAEL G. HYSER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I have hereunto set my hand and notarial Notarial Seal Diane G. Radcliff, Notary Public Camp Hill Boro, Cumberiand County My Commission Expires Jan. 11, 2004 Member, Pennsylvania Association ol Nota~ie~ 1.31.02. Wendy A. Hyser Affidavit and Waiver of Notice WENDY A. HYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V MICHAEL G. HYSER, Defendant 3 o : NO. 01-5265 AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 7, 2001. 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. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: 1.31.02. Michael G. Hyser Affidavit and Waiver of Notice WENDY A. HYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLJtND COUNTY, PENNSYLVANIA Plaintiff MICHAEL G. HYSER, Defendant 2 o : NO. 01-5265 AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 7, 2001. 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. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: 1.31.02. Wendy A. Hyser Affidavit and Waiver of Notice IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WENDY A. HYSER, Plaintiff MICHAEL G. HYSER, Defendant 3 o : NO. 01-5265 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I division of property, may lose rights concerning alimony, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 1.31.02. Michael G. Hyser Affidavit and Waiver of Notice WENDY A. HYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff MICHAEL G. HYSER, Defendant 3 o : NO. 01-5265 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MiC~LAEL G [ HYSE~ ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAi~IA WENDY A. HYSER, : Plaintiff : v : NO. MICHAEL G. HYSER, : Defendant : 01-5265 PRAECIPE OF T93LNSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for of a divorce decree: entry 1. 2 o 5o Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date of filing and manner of service of the complaint: a. Date of filing of Complaint: September 7, 2001 b. Manner of service of Complaint: Personal Acceptance of Service c. Date of Service of Complaint: September 18, 2001 Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: January 30, 2002 b. Defendant: January 30, 2002 Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: N/A b. Date of filing: N/A c. Date of service: N/A Related claims pending: No issues are pending. Ail issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated January 30, 2002, which Agreement is to be incorporated into but not merged with the Divorce Decree. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: a. Date of Service: N/A b. Manner of Service: N/A OR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: January 31, 2002 b. Defendant's Waiver: January 31, 2002 Supreme Court ID # 32112 Phone: (717) 737-0100 IN The cOUrt OF COMMON PLeaS OF CUMBERLAND COUNTY STATE OF WENDY A. HYSER, PI a i nLi ff VERSUS MTC-U-~_EL G. HYSER, Defendant PENNA. NO. 01-5265 CIVIL TERM DECREE iN DIVORCE AND NOW, DECREED THAT WRN-D¥ AND MICHAEL G. HYSER ARE DIVORCED FROM THE BONDS OF MATRIMONY. IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; No issues are outstanding. Ail issues have been resolved and settled by the parties' Marriage Settlement Agreement dated January 30, 2002, BY ATTEST: ~//~~ J. PROTHONOTARY Co-~. c