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HomeMy WebLinkAbout06-2352 I KRISTEN R. GETTYS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JEFFREY R. GETTYS Defendant : NO. 01" - :2JS~ : IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and. a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KRISTEN R. GETTYS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JEFFREY R. GETTYS Defendant NO. O!s:,- .;;;>~S'~ IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Kristen R. Gettys, an adult individual currently residing at 348 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Jeffrey R. Gettys an adult individual currently residing at 87 Hoover Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 17, 1993 III Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. , 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens ofthe United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT V EOUIT ABLE DISTRIBUTION ] I. Paragraphs I through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. ]4. The parties' are joint owners of real estate located at 87 Hoover Road, Carlisle, Cumberland County, Pennsylvania, as well as other assets. ~ WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, . r. Ie, Esquire ey fi Plaintiff G IFFIE"& ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 . 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. Section 4904, relating to unsworn falsifications to authorities. ~ / DATE: 1f/';'{5/1:] (. F ;;./ '. /I. . - . eJ.. \: CM~/~ ) Kristen R. ~ettys, ainti f D \0 V-). ..\.9 > It- /' ')U - ---4. !L - ~~ -G \) ..>.r, \) \) .. (1)' (v -..l VI \) () ~ C' ~ C ~ ' '-----/ - ---0 \ -0 ('\ ~ ! ::g n r---- .....( I' ~ \2 KRISTEN R. GETTYS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W JEFFREY R. GETTYS Defendant : NO. 06-2352 : IN DIVORCE CIVIL TERM ACCEPTANCE OF SERVICE ~' arbara Sumple-Sullivan, Esquire, acknowledge that on or about .6/i ~ (;, I received a Complaint in Divo.t e above captioned action and / . acknowledge that I,am authorized to do so on beh~/() . . Date: :!#;16 ~~~\YJj,~"" Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 (") c $: -0 en 52 ~~~_., ~~~ ~~_. -<' ~ .~:;C.- ~t~ ~ -<. ~ c::::> c::::> 0"' :z > -< ~ ~ :r: =n 0- ~~ :;;! :0 -< o -0 :J:: U1 \0 KRISTEN R. GETTYS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 06-2352 JEFFREY R GETTYS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 26, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, Ninety days have elapsed since the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 5, I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa, C.SA Section 4904 relating to unsworn falsification to authorities, DATE: f?).;l.,./O" q C <::' -ot=~~ rnr\ -7.-: ~? '~ (J) " C<:. ~;.. 2~(,:~ :Y'C": -7' :2 ~ gz. z:: G> v) o Q. ~ rr\~ -ol--:L> 3% ::2::'(\ (~o ,'-rn g 'JO U' :..::. o ~ ~- C2 Barbara Sump Ie-Sullivan, Esquire Supreme Court #323] 7 549 Bridge Street New Cumberland, PA ]7070 (7]7) 774-]445 KRISTEN R. GETTYS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2352 JEFFREY R. GETTYS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S3301(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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: 8)&.4-/0 fa , 0 ~ ~ c "'" Cf" -:,;.~ ,,~ ::2 -0 r~ ~.." \ 1 C I"l1fJ :,,--:: ",., (n -art' W ,;9 ':,~ 0 ;~~ \;.::: "" , :]'.: ,".~. C' om ):> c:- C5 -\ :;-.:: ~ -4 cJ\ -~ - MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this J <I day of Q'u f Ud~006, by and I between JEFFREY R. GETTYS, hereinafter referred to as "HUSBAND", and KRISTEN R. GETTYS, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lavl'fully joined in marriage on July 17, ] 993, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Jacob C. Gettys, born February 20, 1992 and Oliva R. Gettys, born October 30, 1993; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable Final- 812412006 consideration, receipt of which is hereby acknowledged by each ofthe parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Bradley 1. Griffie, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. Final - 8/24/2006 2 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he 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. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. Final - 8/2412006 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980. as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. Final ~ 8/24/2006 4 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all \Nritten instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1 980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the deatb of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. Final- 8/24/2006 5 C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution ofthis Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assIgns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. Final- 8124/2006 6 11. BINDING EFFECT OF AGREEMENT/WAIVER 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other tenn, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that they shall file joint federal and state tax returns for tax year 2005. Final- 812412006 7 The parties acknowledge that an estimated liability of SIX THOUSAND THREE HUNDRED DOLLARS ($6,300.00) exists for these returns. The parties have liquidated life insurance policies through Federated Life Insurance and have each paid one-half (1/2) of the tax liability that was due for their state and federal tax returns. If the ultimate tax liability exceeds the proceeds from these two (2) policies, the parties agree that any difference shall be shared equally between them. The parties further agree that if the policies' proceeds is greater than the tax liability, the difference shall be shared equally between them. The parties may also receive tax refunds for prior years joint returns due to a potential past accounting discrepancy and error. If these refunds are in fact realized, the parties shall share equally any refunds realized after the satisfaction of all accounting fees incurred for the correction of the past return. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the possession of WIFE Final - 812412006 8 shall be the sole and separate property of WIFE. WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. It is further specifically noted that HUSBAND shall have as his sole property the John Deere and Kubota tractors, the horses, the tack and all associated items related to the horses. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. All family photographs shall be shared equally between the parties. This document shall constitute a bill of sale for said sole property transferred to either party pursuant to this Agreement. B. REAL ESTATE The parties jointly own property at 87 Hoover Road, Carlisle, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by ABN AMRO Mortgage in the approximate amount ofTWO HUNDRED TWO THOUSAND DOLLARS ($202,000.00), an M&T Bank Home Equity Line of Credit, Account No. 1356113 in the approximate amount of FIFTY THOUSAND ONE HUNDRED TWO DOLLARS and 84/100 ($50,102.84), and an M&T Bank Line of Credit, Account No. 4258074504587169 in the approximate amount of SEVEN HUNDRED FIFTY-TWO DOLLARS and 48/100 ($752.48). HUSBAND desires to maintain said home and reside therein. WIFE agrees to convey all her rights, title and interest in this real estate to HUSBAND upon the condition that HUSBAND refinances the existing Final - 812412006 9 mortgage and credit line debts. HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND hereby agrees to indemnify and hold WIFE harmless from any and all liability as a result of non-payment of the mortgages, credit lines or any other obligations as enumerated above associated with the real estate. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns. conveys and transfers to HUSBAND all of her rights, title and interest in the marital residence. A copy ofthis deed shall be immediately faxed to counsel for HUSBAND for use in securing the refinance. The original deed shall be held in escrow by WIFE's counsel and recorded upon the event of HUSBAND's successful completion of the refinancing of the mortgage debts and exchange of the check for cash payment set forth in sub-paragraph H ofthis agreement. HUSBAND shall have sixty (60) days to effectuate the refinance and confirms that he has been approved for said refinance. The parties note that the settlement is tentatively scheduled for August 25,2006. C MOTOR VEHICLES At the time of separation the parties had two (2) vehicle s being a 2002 Ford Truck (titled to Mountain Aire Mechanical, Inc. and driven by Husband) and a 2005 Honda Odyssey driven by WIFE. The 2002 Ford Truck which vehicle is owned by Mountain Aire Mechanical Contracting, Inc. has been traded since date of separation and replaced with a 2006 Dodge Truck. The Dodge Truck shall continue to be in the possession of HUSBAND and the sole property of HUSBAND Final - 8/24/2006 10 incident to HUSBAND's receipt of the business interest, Mountain Aire Mechanical Contracting, Inc. in accordance with paragraph D of this Agreement. WIFE waives any claims to either of these vehicles. HUSBAND and/or Mountain Aire Mechanical Contracting, Inc. shall be liable for the debt due and owing on the 2006 Dodge Truck in the approximate amount of Thirty Thousand Dollars ($30,000.00) and said entities agree to indemnifY and hold WIFE harmless from said debt. The 2005 Honda Odyssey Van shall become the sole and separate property of WIFE and HUSBAND waives any claims to the vehicle. This van is encumbered with a debt due and owing to Honda Finance Corporation in the approximate amount of Eighteen Thousand Five Hundred Thirteen Dollars and 7I/1 00 ($18,513.71). WIFE shall be solely responsible for the debt due and owing to Honda Finance Corporation and shall indemnifY and hold HUSBAND harn1less for any liability, costs or expenses related to said payments. WIFE shall take all efforts to have HUSBAND's name removed from this obligation or otherwise secure his release from this indebtedness through refinance of the debt. Release of HUSBAND from this obligation shall occur no later than sixty (60) days from the date of this Agreement. In the interim, WIFE shall make all payments due on the car loan and to do so in a timely fashion. All titles to any motor vehicles shall be executed by the parties, if appropriate, for effecting transfer as herein provided and delivered to the proper party. Final - 8/24/2006 11 D. BUSINESS INTEREST The parties acknowledge that HUSBAND is the sole shareholder of a business known as Mountain Aire Mechanical Contacting, Inc., an S Corporation. Said business shall be the sole and separate property of HUSBAND. WIFE hereby waives any right, title and/or interest that she may have in the aforementioned business entity. Simultaneously with the execution of this Agreement, WIFE further agrees to execute resignations for any office which she may hold in the corporation and also agrees to execute a transfer of any stock which may exist in her individual name to HUSBAND, if appropriate. Finally, at the time of execution of this Agreement, WIFE agrees to return the business Hess gas card to HUSBAND. WIFE hereby acknowledges that she knowingly has waived her formal right to have a business valuation performed to value the aforementioned business entity. E. FINANCIAL ASSETS The parties agree that each shall retain all financial accounts that are presently in their individual names. The parties confirm that all joint accounts have been closed and the proceeds therein divided in a mutually agreeable manner between them. F. PENSION AND RETIREMENT ASSETS The parties confirm that each shall remain as his or her separate property, any retirement benefits obtained during the marriage. Specifically, WIFE shall receive the following: Final- 8/24/2006 12 1) SERS retirement account; 2) Smith Barney IRAs, Account Nos. 54.1-72925 and 54J-77807; and 3) Lincoln Annuity Fund, Account No. 96-9208327. HUSBAND shall receive the following: 1) Smith Barney IRA, Account No. 54J-72860. G. INSURANCE Each party shall retain as his or her sole property any insurance policy owned by them. H. CASH PAYMENT TO WIFE HUSBAND shall pay to WIFE, in full satisfaction of her claims for equitable distribution and any and all other claims arising from the parties' divorce, the sum of ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000.00). Said sum shall be paid upon HUSBAND's refinance of the marital home incident to paragraph B ofthis Agreement. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party Final- 8/24/2006 13 will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. WIFE acknowledges that she will be solely responsible for her cell phone contract and bill through Verizon Wireless and will indemnify and hold HUSBAND harmless for same. Further, the parties confirm that all joint credit cards have been terminated. Each party shall be individually responsible for any debt which exists in his or her name alone. SECTION III CHILD SUPPORT, SPOUSAL SUPPORT, APL and ALIMONY 1. CHILD SUPPORT HUSBAND agrees to pay to WIFE the sum of NINE HUNDRED DOLLARS ($900.00) per month in child support for the support of the parties' two (2) minor children. This sum shall be reduced to SIX HUNDRED DOLLARS ($600.00) per month when the eldest child turns eighteen (18) and graduates from high school or terminates his high school education. Child support shall be eliminated in its entirety when the parties' youngest child turns eighteen (18) and graduates from high school or terminates her high school education. Support may also ternlinate if the custodial plan is changed to make HUSBAND the primary custodian. Payments due from HUSBAND to WIFE shall be paid directly to WIFE. If HUSBAND becomes delinquent in payment for a period of thirty (30) days, WIFE, in her sole discretion, may request enforcement through the Cumberland County Domestic Relations Office. The Cumberland County Domestic Final- 812412006 14 Relations Office may not modify these provisions unless a substantial unforeseen or involuntary occurrence results in the reduction of HUSBAND's income. The parties agree that they shall share the children as (ax exemptions with each party taking one child as an exemption each year. After the eldest child is no longer eligible to be claimed as an exemption, the parties agree to alternate the youngest child on an annual basis with WIFE having the child during the first year of the rotation. 2. ALIMONY, ALIMONY PENDENTE LITE. SUPPORT. MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions ofthis Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION IV CUSTODY The parties agree that they shall continue the custodial plan in existence since the date of separation. This plan shall consist of shared legal and shared equal physical custody of the Final - 8/24/2006 15 . . children. The parties pledge to use their best efforts to cooperate in a successful parenting plan for their children. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. / / / /// /" . /- /// ~):;;;~ a~.-P /" ~. / , /;:' /'pj:f/, ,/" / ~,~.- ~ WITNESS ! .l! P 0;;7q /;'8 . ^ (! !,' ;' JEFFREY R. GETTYS W I <../ ',!.- Ii (' ..L'..LI -.,<;. ,'11...,( ~ . '< .-' ,'>n ,,-' KRISTEN R. GETTYS ( U L ( '-........--- I I Final - 8/24/2006 16 COMMONWEALTH OF PENNSYL VANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JEFFREY R. GETTYS, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. ) -/c/ Affirmed and subscribed to before me this,.?) / day of;iy~, 2006. / ",,-c.: / r /_i/.> ~/f> ) /\>2~/1 ~~;;- / I_~ NOTARIAL SEAL BARBM<A SUMP~E~SULUVl.l,N ,1\1'~tr]ry Public NEWClHvIBERlf\ND [:')PUIJGH CUhiiBFPLAND CUU!'~Tl' My Commission E_'~~Jifes r~(;V : 5, 2007 \~L AL) ~ L- NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.ur,,_b.v~L8...'<-?( ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared KRISTEN R. GETTYS, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. /" , (SEAL) Hal ARIAL SEAL ROBIN J. GOSHORN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES APRil 17 2007 Final - 8/24/2006 17 t"~-' L) ,",,; -i\ ..... -c' " \ O. ." '--;':' (it OJ ., <; ."" ------- KRISTEN R. GETTYS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2352 JEFFREY R GETTYS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFlDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 26, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verifY that the statements made 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 unsworn falsification to authorities. DATE: (s;6~eG G ~ ~ J;;;R;: JEFFREY R. GETTYS () I'd :::::~ .~ CO""" .-< ~" I 0"; c:) r~.) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 KRISTEN R GETTYS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2352 JEFFREY R GETTYS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to authorities. ~#6 . ~!Z ,-bP~ JEFFREY R. GETTYS DATE: C) .;;" 9.-n n'(~::, 1'_' \r~~~ G-; C;:' f"'.) x;:' - KRISTEN R. GETTYS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JEFFREY R. GETTYS Defendant NO. 06-2352 IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: l. Ground for divorce: Irretrievable breakdown under g3301(c) 330] (d)(I) of the Di','oree Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on May 2, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by g3301 (c) of the Divorce Code: by Plaintiff: 8/30/06 by Defendant: 9/5/06 (b) (l) Date of execution of the affidavit required by g330l (d) of the Divorce Code: (2) Date offiling and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in g330l (c) Divorce was filed with the r"J91v,l; r 3D :2 "ore Prothonotary: 8q;tl:",''''<:I.i, :\556 Date defendant's Waiver of Notice in g330l (c) Divorce was filed with the Prothonotary:Se f+e.r,-.b~ <), ,;).00 (.. " -,' ..-.:> (:"',"} , ..:-;, '-~ "Ll :::::J C.-; ;-.\ I C. en CD if.if.'if. if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.if. ~~~~if.if.if.~ ~~if.~if.~if.if.if.if.if.if.if.~~if.~~~~~~~~~~~~if.~~~~ ~~~~~~~~ ~ ~ ~ ~ ~ ~ if. ~ if. ~ if. ~ ~ ~ ~ ~ if. ~ ~ '" ~ '" '" ~ ~ ~ ~ ~ if. '" '" ~ ~ ~ ct if. ~ ~ ct ~ ~ ~ IN THE COURT OF COM.MON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF Kristen R. Gettys No. 06-2352 Plaintiff VERSUS Jeffrey R. Gettys Defendant DECREE IN DIVORCE 5>( 0( I~ bt's L:t 2.60', IT IS ORDERED AND .. AND NOW, DECREED THAT Kristen R. Gettys , PLAI NTI FF, AND Jeffrey R. Gettys , 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 FI NAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement of August 24, 2006 is herein but not merqed. ATTE ~~~+':+':T.:+::::+::+;:+:::+:::+::~++ J. .~.~~ p Ir ,~.~r~ ~.pa, 'A?}r/. j ~ .p ~ ~,.. MJ pc? 1(JM. (; . ..~..' . .. ' i -OFFICE TVIEEPPQ NflN,t1; , F,, F 2010 DEC 15 CUMBERLAND COUjj PENNSYLMNIA Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KRISTEN R. GETTYS, : IN THE COURT OF COMMON PLEAS Plaintiff V. JEFFREY R. GETTYS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2352 : CIVIL ACTION -LAW : IN DIVORCE AGREEMENT THIS AGREEMENT is made this ? day oflr, 2010, by and between JEFFREY R. GETTYS and KRISTEN R. SABADISH. WITNESSETH: that on or about August 24, 2006, the parties entered into a Marital Settlement Agreement incident to their divorce proceedings which were pending in the Court of Common Pleas at Docket No.06-2352; WHEREAS, during the period since the execution of the documents, financial circumstances had effected Jeffrey which impacted his ability to make the full child support payments set forth in Section III of the Agreement; WHEREAS, Kristen accepted the reduced payment during the interim period; WHEREAS, Jeffrey understood and believed that the parties had modified the Agreement to provide for the reduced payment and, as a result, did not formally pursue a modification through the Domestic Relations Office; WHEREAS, Kristen believed that she had reserved a claim for past payments and, on or about June 9, 2010, through her attorney, raised a demand in the amount of $7,200.00 for back payments; WHEREAS, the parties' son is emancipated and child support is only due for the parties' daughter; WHEREAS, in order to avoid protracted litigation for past claims and complaints against each other for child support related to the parties' daughter, the parties have reached an agreement to conclude all issues between them. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: 1) Incorporation of the Recitals: The foregoing recitals are incorporated herein by reference as material terms of this Agreement. 2) Child Support Payment Due: The parties agree that effective October, 2010 and continuing until the emancipation of the parties' daughter, Olivia, Jeffrey shall pay to Kristen the sum of FIVE HUNDRED DOLLARS ($500.00) per month as child support. The sum shall be paid on or about the first of each month. This payment shall be made despite the fact that no child support:may be due and owing by Jeffrey and, in fact, a child support amount may be due and owing to him by Kristen. This child support sum shall be non-modifiable in amount and shall continue until the child reaches the age of eighteen or graduates from high school, whichever occurs first. 3) Release of Past Claims: In consideration of Jeffrey's agreement to make the payments set forth in paragraph 2 above, Kristen, on her behalf and on behalf of her heirs, successors and assigns, does hereby absolutely and unconditionally release and forever discharge Jeffrey from any claim, suit or other cause of action which she may have or which she may have regarding Jeffrey's past modification or breach of the child support as set forth in the parties' August 24, 2006 Marital Settlement Agreement. 4) Ratification of Other Terms: Except as specifically set forth in this Agreement, the parties hereby ratify all other terms and conditions of said Agreement dated August 24, 2006. The parties acknowledge that this Agreement shall become effective when actually signed by both parties. JE R. GETTYS EN ABADISH - J_C WWITNESA?