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HomeMy WebLinkAbout06-1157 .. , Liza B Weyandt, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0I..r, - //(;7 C; uLL ~~ Barry N Weyandt, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 t.L James A. Mill r, Esquire Attorney for laintiff .. , Liza B Weyandt, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C'i.o - 1/57 C,(,;lY~ CIVIL ACTION - LAW IN DIVORCE Barry N Weyandt, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Liza B Weyandt, who currently resides at 1133 York Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Barry N Weyandt who presently resides at 1133 York Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 22, 1996, in Dauphin County, Pennsylvania. 5. There have been prior actions for divorce between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. B. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. . WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Plaintiff and Defendant; Respectfully Submitted, Miller Lipsitt LLC By: James A Miller, Esquire Attorney for Pia' tiff 2157 treet amp Hill, PA 17011 (717) 737-6400 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Liza B Weyandt, Plaintiff Barry N Weyandt, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE:Monday, February 13, 2006 " / ,- ~ !~ B Weyand' tf G -GQ. 1J ^ '-.. tt- 1i .e ~ ~ & ~f3F! ? 1: ~ ;'"',) ,,-..., ) ) t/ ~.~ :-::1 ~'-) C:<~j - r" ~'. " -; C,., ._.~. E) Liza B Weyandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA' v. NO. 06-1157 Civil Term Barry N Weyandt, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant accepted personal service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on February 28 2006 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: June 21 2006 by Defendant: June 2 2006 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: simultaneously with the submission of this Praecipe by Defendant: simultaneously with the submission of this Praecipe 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Miller Lipsitt LLC By: es A Miller, Esquire Attorney for F' mliff r et Street Camp Hill, PA 17011 (717) 737-6400 >"-..) i.~.~:,-::' '....:.::::J Cr-. c". c::: "-, -' 7'1> .;:- a u ::::]ir; ":'; :".0 -< Liza B Weyandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06.1157 Civil Term Barry N Weyandt, Defendant CIVIL ACTION. LAW IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, Barry N Weyandt, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint filed by Plaintiff, Liza B Weyandt, to the above term and docket. Date: Hb/~ 02(m~ ~~~~ant ", ~:::;;-:. ~:::, u' Ci -n c r: ....., :CTl mf.~ ;~, h' - co ) :::1 r.:<:J :< \~1 Liza B Weyandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1157 Civil Term Barry N Weyandt, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 28 2006 and service was obtained upon the defendant by Defendant personally accepting service thereof on February 28 2006 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities. Date: C)~ ~~ U-F JV Barry N W andt (] F~. j: ,-~ ",:..;? ,-:::l 6,..., f'..' -.J , , .~ LCl Liza B Weyandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1157 Civil Term Barry N Weyandt. Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: cil00 ~ 1\-~ _ ~ Barry N ~yandt j r....,.") c:;:) ,:~.~) .,;,;;. C) " :.~ "', -' .s:- o .' cD -< Liza B Weyandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06.1157 Civil Term Barry N Weyandt, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 28 2006 and service was obtained upon the defendant by Defendant personally accepting service thereof on 2006 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: JM.L ~( ?--ct>~ ~h~j:f Li a Weyandt "~) '-l ~ .-1 -,- -r\ Air: ~',-,0~ - - , , .:: -T'; """~ .-~~"A "7>\ JiS :< s:- O Liza B Weyandt, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06.1157 Civil Term Barry N Weyandt, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: \..) V-v 1..-( V911 1itw~a~Jf "'., c.:;:, c~::, c;,;--' ~ ,-' -n ::-J f~l :T_' r-- ~~1~ _._~,;-': ::r ~::5 ~';;~ I'" -.J = :.B ,< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~'tR.- 5, \f\/cyOYldJr Plaintiff Vs 13tml N. Weyand+- I Defendant File No. 00-1157 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one bymarking "x'1 _ prior to the entry of a Final Decree in Divorce, or L after the entry of a Final Decree in Divorce dated JLlI y rt ;:J.. 60." hereby elects to resume the prior surname of \ Ctf1 +- , and gives this written notice avowing his I her intention Pursuan~t the provisions of 54, P.S. 704. Date: q f 'I D!o _' h 1A.011 111j1. U Signature =0 ~o~!fi::esumed COMMO~TH OF PENNSYLVANIA ) COUNTY O~u "" .6....,.1 ilM( On the M day of S ,.~kr , 200k., before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereWlto set my hand hereunto set my hand and official seal. C" J ~"':'d ' Noth Public ~U - (") ....., c: = ~ ~ = -;J ;c C7' ~~' (/') :J:l % 1"'1 " il,:n (Ii'"'. I :1J.fTi ,:5':- :~~6 "- '!,. ,,' .- " )..-" :z:,. "!'; ~ .7"" :r;2~: ::J: (,:~~ . tv ~ z '!'? i:5ni <:.v ::< k :n w -< '- -... o ::< <!! c:> u::> -a((; g-)TT' "~;. , (7) :; ..-...- c;; i_ ..:;.;" / :.:~. p- :uaa ~ -_.~~~~_... 're'JIIl"~.::;;lIJ1U'!.'!: :SJ_~,.:). litO' ..~~ l<<)I88\t&'AOO'IlA '* . . LIZA B. WEYANDT TAFT, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 06-1157 : CIVIL ACTION - LA W BARRYN. WEYANDT, : IN DIVORCE Defendant/Respondent. PETITION AND NOW, comes your Petitioner, Liza B. Weyandt Taft, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Petition to enforce a Marriage Settlement Agreement: 1. Your Petitioner, Liza B. Weyandt Taft, is an adult individual residing at 204 Georgetown Road, Mechancisburg, Cumberland County, Pennsylvania. 2. The Respondent, Barry N. Weyandt, is an adult individual residing at 2910 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner herein, after the divorce of the parties on July 17, 2006, a copy of which Decree is attached hereto, incorporated herein by reference and marked as Exhibit A, resumed her maiden name, Liza Taft. 4. On or February 13, 2006, the parties executed a Marriage Settlement Agreement, a copy of which is attached hereto, incorporated herein by reference, and marked as Exhibit B. 5. Pursuant to the provisions of the Marriage Settlement Agreement, the parties agreed to sell their marital home situate at 1133 York Road, Mechanicsburg, Cumberland County, . . /II Pennsylvania, and from the proceeds, pay certain debts, expressly two (2) loans, i.e., Capital One and Citi Financial. 6. The parties sold their marital residence on or about August 15, 2006, and from the settlement, there was not deducted proceeds to pay the Capital One or Citi Financial debt. 7. From the proceeds, there was approximately $14.000.00 in balance (having not paid off the above debts) for which each party received a check made payable to both parties in the amount of $7,213.00. 8. The Petitioner herein as retained her check, has not cashed the same. 9. The Respondent herein cashed his check by endorsing the name of the Petitioner herein. (otherwise forging the name), without consent of or without the permission of the Petitioner herein. 10. The Petitioner does not know the application of the proceeds of $7,213.00 received by the Respondent. however. said proceeds did not pay any part of the obligations contained in Page 11. Paragraphs C(1) and (2), as required by the attached Agreement. 11. Petitioner believes and therefore avers that the Respondent is in direct contempt of court by failing to abide by the Marriage Settlement Agreement for the following reasons: A. the Respondent herein received proceeds from the sale of the home and forged the name of the Petitioner in order to cash the check for his own personal benefit; 2 . " .. B. the Respondent did not use the proceeds he received to reduce the debt per the Marriage Settlement Agreement, expressly the Capital One and the Citi Financial debts; and C. the Respondent has threatened the Petitioner that he will file bankruptcy and discharge all of his obligations to the detriment of the Petitioner herein. 12. Petitioner herein is fearful that the Respondent will undertake an immediate course of conduct so as to dissipate all of his assets in order to be able to make him more able and qualified for bankruptcy, all to the detriment of the Petitioner. 13. Petitioner requests the Court to enter an Order directing that no assets currently in the possession of the Respondent be dissipated, transferred, sold, gifted or otherwise encumbered. 14. Petitioner believes and therefore avers that the conduct of the Respondent in forging her name to the check, in cashing the check and using it for his own personal benefit, is in derogation of the Agreement, and constitutes contempt of the Court Order as the Agreement is specifically incorporated into the Court Order, a copy of which is attached hereto. 15. Petitioner has incurred legal fees in the amount of $1,200.00 for preparation of this Petition and for attendance at the hearing that is anticipated, which Petitioner requests the Court to direct repayment by the Respondent herein. 3 . 16. In addition, the Agreement provides that certain payments made by the Petitioner herein on behalf of the home up until the time of the sale, would be reimbursed by the Respondent to the Petitioner. 17. The amount to which there should be reimbursement is $1,401.61, for which Petitioner is requesting reimbursement. WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, . chard Wagner, Esquire J.D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Petitioner Date: 1// tl./ ~ b I I 4 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 4i B.1o/f DATE: /0/3/ / Die , I " IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Liza B Weyandt Plaintiff No. 06-1157 VERSUS Barry N Weyandt Defendant DECREE IN DIVORCE AND NOW, July 7 Liza B Weyandt 2006 , IT IS ORDERED AND DECREED THAT , PLAI NTI FF, AND Barry N Weyandt , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; By THE COURT: M. L. Ebert, Jr. ATTEST: Curtis R. Long 'P k" Certified Copy Issued: J. " Liza B Weyandt, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No.: Barry N Weyandt, Defendant Civil Action - Law In Divorce MARITAL SETTLEMENT AGREEMENT _~113 ,2006 ,> WeyandLMSA TABLE OF CONTENTS SECTION PAGE 1. SEPARATION AND NON INTERFERENCE: ...................................................................................3 2. RECONCILIATION: .... ...... .................................... ... ................... ..... ............... .... ..... ........... ...... .......4 3. ENFORCEMENT: .............. ... .......... ...................................... ..... ................. .......... .............. '" ... ..... ...4 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: ...... .... .......................... .......... ......... ......... .... .... ...... ............ ........... ............. ... ..... ... ........ ...... ........5 5. EQUITABLE DISTRIBUTION: ................ ................. ........ ...................... .......... ............. ....... ....... .......6 A. PREFACE: ...... ... .................. ................ .... ......... .... ..... ....... ............................. ........ ....... ........... .......6 B. DISTRIB UTION OF ASSETS:.. .... .... .................. ......... ......... ...... ................. ........................ ... .......6 1. WIFE'S ASSETS: ...... ......... .... ................ ............. .......... ..... ........ ................... ........ ..................... ....6 2. HUSBAND'S ASSETS: ......................... .... ... ........ ......................................... .... ........ ........... ... .......6 3. ASSET DIVISION: ................. ........... ........... .... ............. ........ ................................. ................. ....... 7 A. REAL ESTATE: 1133 York Road, Mechanicsburg, Cumberland County, Pennsylvania 17055:7 B. DISTRIBUTION A"T\TD WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTAl.JGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: 8 C. INTENT: ....................... ...... ........ .................. ......... ........ ................................ ..... ...... ....... .......9 6. AFTER ACQUIRED PROPERTY: ............................................................................................,....10 7. DEBTS: '" .................... ............... ...... ..................... .............................. ........ ....... ..... .......... ......... ....... ....1 0 A. Wife's Debts: ... ......... .......................................... ............................................ ..... .......... .... ........ ....10 B. I-Iusband's Debts: ...........................................................................................................................10 C. Marital Debts: ........................................................................................................................ .... ....11 D. Indemnification:..... ................. ....... ................. ............. ........................ ........ .... ......... .......... ....... ....12 8. FULL DISCLOSURE: .......... ................... ................. .............. ............... ............ ............. ............. ....13 9. RELEASES:..................;...................... .......................................................................................... ...13 10. BREACI-I: ............................................................................................... ... ...................................... .14 11. REPRESENTATION: ...... ........ .................... .... ......... .......... ............. .............. ........ ............. ... ..... .... .14 12. VOLUNTARY EXECUTION: .........................................................................................................15 13. ENTIRE AGREEMENT: ..... ................... ..................................... ....... ..... ................... ........ .......... ...15 14. PRIOR AGREEMENT: .................................................................. ............................................. ....15 15. MODIFICATION AND WANER: .................................................................................................15 16. GOVERNING LAW: .......................................................................................................................16 17. INDEPENDENT SEPARATE COVENANTS: ..............................................................................16 18. VOID CLAUSES: .............................................................................................................................16 19. DISTRIBUTION DATE: .............................................................................................................. ...16 20. DATE OF EXECUTION: ................................................................................................................16 1 have read and understand th is page LBW~; BNW~L\.l page 2 " Weyandt A1SA MMUTALSETTLEMENTAGREEMENT THIS AGREEMENT, made this L day of ~ Q ~ ' 2006, by and betv.reen Barry N Vleyandt, hereinafter called "Husb ',and Liza B Vleyandt, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on November 22 1996 in Dauphin County, Pennsylvania WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: tbe settling of all matters between them relating to tbe 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 other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby ackno"wledged by each of the parties hereto, Vlife and Husband each, intending to be legally bound hereby covenant and agree as foHows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be 'J'.jJ~.., 'O;l \1 I 1 have read and understand this page LB~; BNW ~l)J page 3 " .. Weyandt lvfSA necessary to carry out the provisions of this Agreement. N either party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation beD^1een the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife shall file vlrith the Cumberland County Court of Common Pleas, Pennsylvania, a no-fault divorce action pursuant to Title 23, section 3301(C) of the Pennsylvania Divorce Code and amendments thereto contemporaneously "'lith the execution of this agreement, and Wife shan accept senrice of the same. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, aEmony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the praecipe to transmit the record to conclude the divorce. The parties agree upon request to execute their respective Affidavit of Consent and vVaiver of Notice and any other documentation necessary with the Court of Common Pleas in order to finalize their divorce and, proceed with entering same to the court docket for the purpose of finalizing the divorce action as soon as is practicable within the time frame permitted pursuant to the I have read and understand this page LB~' BNW (;NuJ page 4 ., .. Weyandt MSA Pennsylvania Rules of Civil Procedure. Each party shall further execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shan alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever bbding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Ci\PL), COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Vlife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar 'with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto, except as specifically provided herein. 1 have read and understand this page LBv~' BNW~ page 5 ,; W eya ndt MSA The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates. The parties have made use of either the information provided between themselves and/or statement values associated ,vith such assets and/or have attributed fair market values and/or other agreed upon values to such assets and for purposes of negotiation and settlement, and hereby stipulate to such valuations. The parties desire to effectuate the division of all assets in undertaking these terms of settlement. B. DISTRIBUTION OF ASSETS: 1. WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets in her possession and so identified within this agreement; said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets in his possession and so identified ,-v:ithin this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of v"hether such assets were deemed by either of the parties to be marital property or non- marital property. In order to further clarify the intent herein with regard to ] have read and understand this page LBW 1,fj.N ; BNW ~v page 6 .. Weyandt MSA Husband's personal property, the parties hereto acknowledge that the attached Exhibit A properly reflects the personal property distributed to Husband 'With certain exceptions pertaining to Quinn Glenny's possession of DVD's. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain tbe sole and separate property of Husband hereafter. 3. ASSET DIVISION: The parties hereby agree that the follo'wing assets shall be divided 111 accordance with the terms as provided herein. Husband and \'\Tife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 1133 York Road, Mechanicsburg, Cumberland County, Pennsylvania 17055: 1. The parties are joint owners of the real property kno\'vn as 1133 York Road, Mechanicsburg, Cumberland County, Pennsylvania (referred to herein as the "premise"). The parties hereby agree that the follmving terms sha11 apply 'With regard to the premise: a. The premise shall be immediately listed 'With a mutually agreeable licensed, reputable Pennsylvania realtor and member of the Central Pennsylvania multi-list. The parties shall cooperate in every regard \'\'ith the instructions from the realtor. N either party shall engage in any conduct that may hamper, interfere and/or damage the sale of the premise to a potential purchaser. b. So long as the parties are the owners of the premise regardless of the fact that 1) they are currently separated and/or 2) the pendency of a di,.'orce action is contemplated and 3) until a final decree in divorce is entered and 4) the property has not been placed under contract for purchase and settled thereon, then both parties shall be equally responsible for a11 costs associated with the premise including but not limited to all costs, expenses, mortgage payments, utilities, real estate taxes and, maintenance fees and repairs. In other words, until they are divorced, they remain and are equally liable for all expenses associated 'With the premise. c. At the time of sale and settlement of the premise, all net proceeds shall be .T have read an.d un.derstand this page LBW ~; BNWOOJ page 7 Weyandt MSA equally divided between the parties after deducting normal and ordinary settlement charges including but not limited to mortgage payoffs, real estate taxes, insurances, commissions, transfer taxes, and utilities and the Capital One and Citifinancial lines of credit as defined hereinbelow in Section S(B)7(C). d. Further, the parties agree that they shall equally share in 1099 interest income deductions as well as real estate taxes paid and other permissible deductions relating to the premise for purposes of filing their respective tax returns. B. DISTRIBUTION AND W AlVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-Mi\RITAL, TANGIBLE AND INTANGIBLE, ASSETS: 1. Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets inch.lding, but \"rithout limitation, business interests, corporate interests, partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 401k's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 2. Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless othentVise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have v\'lth respect to any of the foregoing items which are the sole and separate property of the other. By way of further definition, the parties hereby incorporate the attached Exhibit A - Barry's List of Personal Property _ as if fully set forth herein. To the extent any inconsistency exists between Exhibit A and the provisions herein, Exhibit A shall control. 3. Cellular Telephones: Husband upon request by Wife shall cooperate 'lArith the removal of his name from Wife's Verizon cellular phone I hare read and understand this page LBJ~; BNTV~ page 8 Weyandt A1SA account. 4. Automobiles: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the party and each shan cooperate if necessary in executing any and all documents to reflect such O\'\'nership, including but not limited to titles, insurance documentation and registration forms. Specifically, Wife shall retain the 2005 Chevrolet Equinox and Husband shall retain the 2006 GMC Sierra. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to either by their failure to make payment of such debt. C. INTENT: This Agreement is intended to distribute all property of the parties, "i"lhether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties win execute any and all legal documents \vithout any charge therefore to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against I have read and understand this page LBH~_; BNW-.BM-'>.i page 9 Weyandt AISA him, if any, as a result of the division of the property of the parties hereunder. '\^life hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. Additionally, the parties agree that they shall separately file their respective 2006 tax returns. 6. AFrERACQUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 'with full power in him or her to dispose of the same as fully and effectively, in all respects and for an purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items sha11 be the sole and exclusive mvner thereof. 7. DEBTS: A. 'Wife's Debts: ,\^.,Tife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for 'Nhich Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liahility for which '\^life or her estate might be responsible and shan indemnify and save harmless VJife from any and all claims or demands made against her by reason of 1 have read and understand this page LBW~_; B1VWf3iV()J page 10 Weyandt MSA debts or obligations incurred by him. C. Marital Debts: The folIowing debts are marital debts and Husband and Wife do hereby acknowledge and agree that the division of such repayment is as follows: ITEM (h/w) title: SPOUSE(W /F) responsible AMOUNT 1. Capital One jointly (as defined herein) (Exhibit B) 2. Citifinancial husband's name (Exhibit C) joint liability (as defined herein) The parties recognize that they must make an adjustment on the distribution of the net proceeds from the sale of the premise as it relates to Husband's obligation to pay $5200.00 and Wife's obligation to pay $3666.00 on the Capital One Line of Credit and Husband's obligation to pay one-half and "\^1ife's obligation to pay one-half of the Citifinancial Line of Credit. With regard to the balance of the Capital One line of credit, the parties agree that the tool chest, tractor and snow blower are part of the debt. These portions ($3400.00 approximately) shall be paid from first, the sale of such items privately or if not sold at the time the premise settles, then second, this amount too shall be paid from the net proceeds from the sale of the premise prior to the equal division of the net proceeds betvleen the parties. With regard to the Citifinancial Line of Credit, the parties agree that upon settlement of the premise, this debt too shan be paid at the time of settlement prior to the equal division of the net proceeds beti,veen the parties. Pending the payoffs of such lines of credits as defined herein, the parties 8gree that they shall equally share in the monthly payment of the Capital One account until paid in full. Further, with regard to the Citifinancial account, in the event the premise has not sold and settled by November 2006, then the parties shall commence monthly payments of said account. Both accounts shall be paid in the minimum monthly amount at the very least. The parties are free to pay any amount in excess of the monthly minimum amount. Each paw; covenants and agrees that if any claim, action or proceeding is 1 have read and understand this page LB w~; Bmf gtJVJ pagell , WeyandtMSA hereinafter initiated seeking to hold the other party liable for any of the foregoing debts, obligations, liability, act or omission of such party, for which either party has agreed to be solely liable, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or '^life from any inaccurate representation made by or on behalf of either Husband or Wife to the other, any breach of any of the warranties made by Husband or Wife, or breach or default in performance by Husband or \^life of any of the obligations to he performed by such party. The Husband or V'life agrees to give the other prompt vvritten notice of any litigation threatened or instituted against either party, which might constitute the basis for a claim for indemnity arising from the foregoing debts. D. Indemnification: fJI further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other tha':l described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she vvill indemnify a.nd hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including "without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof I have read and understand this page LBWJ..~; BNW~ pagel2 .. Weyandt MSA or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or \^1ife to the other in this Agreement, any breach of any of the warranties made by Husband or "\-Vife in this Agreement, or breach or default in performance by Husband or vVife of any of the obligations to be performed by such party hereunder. The Husband or '^life agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a fuIl and ample opportunity to consult vvith counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specificaJ1y revievled their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property mvned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or di-vide their marital property. The parties acknowledge that they have been fully advised and informed of the vv'ealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knoi:vingly waived such advice and/or information. The parties hereto have been funy advised and informed of all rights and interests which, except for the execution and delivery hereof, have becn conferred upon or vested in each of them by la\v \vith respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges J have read and understand this page LBW~: BNYVBfJ~ page 13 .. ... W eya ndt lvlSA completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either paw; by virtue of said marriage relationship, or othervvise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specificany understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and an of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 10. BREACH: If either party breaches any provision of this Agreement, the other party sh211 have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or [ler. 11. REPRESENTATION: a. It is recognized by the parties hereto that neither "Vife nor Husband is represented by J3.mes A. Miller, Esquire, and that James A. Miller, Esquire was consulted for the purpose of effectuating the parties' understanding in vlriting. It is recognized by the parties hereto that each party has the right to be represented by counsel by his or her ovvn free and voluntary choosing. It is fully understood and agreed that he or she has the right to have advice of counsel prior to the I have read and understand this page LBWM; BNTv..M!...fJJ page.14 '$. " Weyandt MSA signing of this Agreement. By the signing of this Agreement, Husband and Wife recognize that he and she fully understand the legal impact of this Agreement and vvaives his or her right to have the Agreement reviewed by an attorney of his or her choosing, and further intends to be legally bound by the terms of this Agreement. b. Each of the parties acknowledges that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessed of any property of the other party or any interest therein which the other party now mvns or hereafter may own, except as expressly provided for in this Agreement. 12. VOLUNTARY EXECUfION: The provisions of this Agreement are fully understood by both parties and each part"'j acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under c;uress, coercion or any physical or mental stress. 13. El'.ITlREAGREEMENT: This Agreement contains the entire understanding of the parties and there :lre no representations, warranties, covenants or undertakings otber than those expressly set forth herein. 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed beh\reen the parties, and/or mayor have been executed prior to the date and time of this Agreement, are null and void and of no effect. 15. MODIFICATION AND WAIVER: Any modification or waiver of any provision of this Agreement shall be I have read and understand this page LBTf~' BNfiV~'tJ pagel5 , ' , . Weyandt !viSA effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance 'Atith the laws of the Commonwealth of Pennsylvania. 17. INDEPENDENT SEPARATE COVENANTS: It is specifical1y understood and agreed by and between the parties hereto that each paragraph hereof shan be deemed to be a separate and independent covenant and agreement. 18. VOID CLAUSES: If any term, condition, clause, or prOV1SlOn of this Agreement shall be deterrnined or declared to be void or invalid in law or othervvise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. DISTRIBT...JTION DATE: The parties hereto acknowledge and 3gree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shan be known as the Distribution Date. 20. DATE OF EXEClJTION: The parties hereto acknowledge and agree that the elate of execution referred to herein shall be knovvrt as the last date upon which eitber party executes this agreement. I have read and UlzderstOrld this page LBJf~ ; Blv'TVfJf!_~ pageJ6 .. \.. +- ~ ~ ~ VVeyandt MSA IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above I-vritten. -VV1TNESS: ~1t 1\/ ,>J~ Barry N Wey ldt 1iw~a~uJr I have read and understand this page LB TV ;hi!_-,o BNwf..MJ page 17 . .J " .. . , Weyandt A1SA c)mmOnwealth;~e:ZT;:; ss. . COUNTYOF l/~1-. ~. O/lL. On this, the LL day o~ ' t:::--C:/"'" b ,2006, before me, a :Notary Public, personally appeared Barry N Weyandt, known to me to be the person whose name is subscribed to the vvithin Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offidal seal. My Commission Expires: .'.iNIIit;;:l tIftMlM. ... JMIES A. MDJ.ER, Notary flUbIIc ~Hmm,~~ My COmmisslon ExpIres Apr1I30, 2009 Commonwealth of Pennsylvania : /1 ~{J: ss. COUNTYOF V. : ~ ~ On this, the\ ~ day of , 2006, before me, a Notary Public, personally appeared Liza B W 'andt, knmvn to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offidal sea1. ... -NCiiMiii JAMES A. MIU.B, Notary NIIt CImP HID Boro, CUir.berIaM ~ I My COmmissIOn bplresltplt~. ., ._L My Commission Expires: 1 have read and undal'land this page LBWfiyJ .; BNrV~U page 18 i .' ~ , ... . .... .... t- ~ Weyandt MSA lAsf f r---------- . .. .. . ..... ~_~_'_I IBarry"s Exhibit of Personal Property I I EXHIBIT A. I I '. I ~-'-^'-'-'--'-'------^--__"_'_M________,_..___^____,__"__J ! have read and understand this page LBW~' BNJf~ page 19 , " . . 4 ... . . .. '" ~ WeY2ndt MSA CapitalOne' 0000000 7 7812602586591535 11 0000000482520482528 BARHYN WEYANDT 017 Free AutomaticiPayment"Seniice: The convenience of writing one lesscheckeochmonth. $;mt1y thdfl'~ ,j", c'''p''" w;,b Y"U' p,ym"hl.ii>. IIi.. _ltb ~"d seMI bet"re YO<lrbe .d,te, Onc~ "Nt:. p[',)[t".a; !.t'lLt~.que;{. )'O'J wil1 Jt'Wh~ It ~ntirmd.tlm lencrton~i'f1:1rig.th~$fart datf;o(,'OJf J\vlo-rn.Jric 1'lt."1Jt Ct"lUOUt:_ to .nuke YQur.monchly_p~'mcn!_until)"('jl; Jecci,~ }'UUr culuitmlfinn lctll.~. lr )'0" orc aln."d) tnrulled in j\un>mn,d'a}'",entSelvkc, 1'1::.'1.'. ~"n::g,rd W"' rro:ic.., (:1 Yes,! want thlsser'llce. Pleasesignmeup. Your signature here X P{~!'.... .,n$ure tltat th" ehfCkYllusubm1Hor the payment thl$mclllh is llrawn(lna PERSONAL CHECRlNG ACCOUNT IN YOUR NAME. as this, will betheilC'()UnU!Q'lnWhlQlYQ4tmDntl;.lYPill'rt1~r'Itl'l~LJ~!!..!lgt:l~_~!I1~, ~o: :rc\~rs(': rof' mf'1<::' J;r~ih, liILM./ 017-0103 CaplfalOne' $28.953.1> l;mSz Fclmmy Or,. 20U6 AI }'\JW'llr;yvlcl! T" "".J C~'H';.m~f~;~l~,rJ,'''~~! 1"$I')II~('~;5'~'1'; t; :gffl~l /".1)'t'.\e.t( t.(l~ :~ttl~'_' f~<!:llil(j?(.'!: ~fl)t<'itbl~ \.-.'"r'll'uUtlt..P.s.,~. ?_o.. 3lU 'l~f.'i211 St., L..l'.~ir" jVO (~JJ79.-1t11_? ~40I:\...f ;n'l'!hi~ ~"'l C:t-piltlGl( J]~o. B(l~ 3t'1U ~I,C, UT&J!ll\.fJ1SS Capi:taf EXHIBIT J have read and understand this page LBW;i.M BNW8fJiiJ page 20 . .. . . , . "- .. .. 'If' "" ,. Weyandt MSA ~i Oll{'t ......, ....."""""'"-----~-,.j J have read ond understand this page LBW;.;f!fYJ; BNW --BJl~ page 21 .. 0 r-v [:~~ 0 :----:-. ~::~ -n --1 -r .oo.L~ h~ J1 i-- I . C' \_..-""""'! , r-:> ~ {'. ...1 , (.....J) . 11 " ,,] \..0 .< L1ZA B. WEYANDT TAFT, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1157 CIVIL CIVIL ACTION - LAW BARRY N. WEYANDT, Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this 13th day of November, 2006, upon consideration of the Petition to Enforce Marriage Settlement Agreement filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant, Barry N. Weyandt, to show cause why the petitioner is not entitled to the relief requested; 2. The Rule is returnable and a hearing shall be held on Thursday, December 14, 2006, at 3:30 p.m. in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, PA. 3. Pending said hearing, the Defendant shall not sell, transfer, give or dissipate any assets in his possession. By the Court, ~k~ M. L. Ebert, Jr., P. Richard Wagner, Esquire Attorney for Plaintiff/Petitioner Barry N. Weyandt Defendant ~ ~ //-/$'.0' ~ bas ., f1 'II 1.1 c: I !diN C[1nZ .,~ 'I' ht' _, h',,; '>.' A8V1Ci\OHjC::::id 3Hl :10 L1ZA B. WEYANDT TAFT, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1157 CIVIL BARRY N. WEYANDT, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 14th day of December, 2006, the Court having been advised by counsel for the Plaintiff that the Defendant has filed Bankruptcy, the hearing on the Petition to Enforce Marriage Settlement scheduled for this date at 3:30 p.m. is cancelled. By the Court, w J. M. L. Ebert, Jr., ..;p. Richard Wagner, Esquire Attorney for Plaintiff ~ry N. Weyandt Defendant bas \ ~ ~ \ \ \~'q \1 \ 'jjG ~~~1. )"'d'1J5JNO',-\iG6d ?''r11 :10 '"'\r""r r1-::\"i11 j,)\:j:,_\J"-'"\ l:-J \0