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HomeMy WebLinkAbout06-3166MICHAEL HYATT, Plaintiff VS. HEATHER SHAWN HYATT, Defendant * IN THE COURT F COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * NO. oo cL(--7 ` l * * CIVIL ACTION - LAW * IN DIVORCE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AC THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DI' ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAIN PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTC CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IR MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBEI COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOL ANY OF THEM. ST THE CLAIMS SET FORTH IN RNED THAT IF YOU FAIL TO CE OR ANNULMENT MAYBE ERED AGAINST YOU FOR ANY ?. YOU MAY LOSE MONEY OR OR VISITATION OF YOUR VABLE BREAKDOWN OF THE AGE COUNSELORS IS COUNTY COURTHOUSE, I PERTY, LAWYER'S FEES OR Y LOSE THE RIGHT TO CLAIM YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MICHAEL HYATT, Plaintiff VS. HEATHER SHAWN HYATT, Defendant * IN THE COURT OF * CUMBERLAND CO * * * NO. D (o - 3I * * CIVIL ACTION - Li * IN DIVORCE COMPLAINT 1. Plaintiff is Michael Hyatt, who currently resides at 69 County, Pennsylvania, 17025. 2. Defendant is Heather Shawn Hyatt, who currently Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident in the months immediately previous to the filing of this Complaint. MON PLEAS ;PENNSYLVANIA (2t0' L'T&-;'j Lane, Enola, Cumberland at 405 Orchard Lane, of Pennsylvania for at least six 4. Plaintiff and Defendant were married on May 31, 2003 ir? Bloomsburg, Pennsylvania. 5. The parties are the parents of two (2) minor children: Fish?r Patrick Creasy Hyatt, born on February 12, 1998; and Landon Michael Ernest Hyatt, born on October 11, 2003. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Bei g so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior t a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code und?r which Plaintiff is proceeding are: (a) §33010. The marriage of the parties is irretrievably (b)§3301(d). The marriage of the parties is irretrievably Plaintiff will submit an affidavit stating that the parties have been living at least two (2) years. 11. Plaintiff respectfully requests This Honorable Court WHEREFORE, Plaintiff respectfully requests This marriage between Plaintiff and Defendant. Dated: ZG G? Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 and and, at the appropriate time, and apart for a period of a Decree of Divorce. enter an Order dissolving the & MARZZACCO, P.C. VERIFICATION I, Michael Hyatt, verify that the statements made in this best of my knowledge, information, and belief. I understand that false subject to the penalties of 18 Pa. CS. §4904, relating to unworn Date: OG Michael Hyatt Plaintiff are true and correct to the herein are made to authorities. c.? U' MICHAEL HYATT, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 06-3166 CIVIL TERM * HEATHER SHAWN HYATT, * CIVIL ACTION - LAW Defendant * IN DIVORCE ACCEPTANCE OF SERVICE I accept service of Plaintiffs Complaint in Divorce in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: L¢ 1 Le 1 O f-? Heather Shawn Hyatt 405 Orchard Lane Mechanicsburg, PA 17055 ra KX 4? ?'1 <... .ten ;") .{ ?t1 : ?,- ?? ? .?_ .. ?}'} .+5, ` MICHAEL HYATT, Plaintiff VS. HEATHER SHAWN HYATT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3166 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) and (d) of the Divorce Code was filed on June 2, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ti Date IMiael Hyatt Plaintiff OF THE 2009 SEP -2 AN I I. 4, 0 MICHAEL HYATT, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA VS. * NO. 06-3166 CIVIL TERM * HEATHER SHAWN HYATT, * CIVIL ACTION - LAW Defendant * IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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 in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Michael Hyatt Plaintiff FILD 2009 SEA' -2 Ali 11: 40 r,. MICHAEL HYATT, Plaintiff * VS. * * HEATHER SHAWN HYATT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3166 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) and (d) of the Divorce Code was filed on June 2, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 0 Ix ?q aae Heat er Shawn Hyatt Defendant OF THE: F. -TAPY 2009 Sr-P -2 M I I.*4 U Lrr?. MICHAEL HYATT, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. HEATHER SHAWN HYATT, Defendant * * NO. 06-3166 CIVIL TERM * 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. b?q a? Date Heather Shawn att Defendant Fl LE t.:r= i' C F THE P407, K-l" 117TARY 2009 SE --2 A 11: 4 0 ?g4. \J, r ?S 1 P, MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 49-4 day of A 2009, by and between MICHAEL HYATT, of Enola, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and HEATHER SHAWN HYATT, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on May 31, 2003 in Bloomsburg, Pennsylv;uzia; WHEREAS, HUSBAND and WIFE are the natural parents of two (2) minor children:, Fisher Patrick Creasy Hyatt, born on February 12,1998 and Landon Michael Ernest Hyatt, born on October 31, 2003; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; 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; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other parry. 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 acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart: from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of 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 such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 2 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or © any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now 3 f , owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This agreement has been prepared by Thomas M. Clark, Esquire, counsel for HUSBAND. At the commencement of and at all stages during the negotiation of this Agreement, WIFE has been informed that Thomas M. Clark, Esquire has acted solely as counsel for HUSBAND and has not advised nor represented WIFE in any manner whatsoever. WIFE, at the commencement of and at all stages during the negotiation "of this Agreement, has been advised that she could be represented by counsel but at all times has elected not to be so represented. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this 4 Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13. MOTOR VEHICLES: The parties have agreed to retain the vehicle in his or her possession. Specifically, HUSBAND shall retain the 2005 Saturn Vue. WIFE agrees to sign any and all documents necessary to effectuate the transfer and give effect to this paragraph within ten (10) days of any request by HUSBAND. WIFE shall retain any and all vehicles that are currently in her possession. Each party shall be responsible for the vehicle(s) distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other parry for failure to make payments thereon. 14. CUSTODY: The parties are the parents of two minor children: Fisher Patrick 5 C asy Hyatt, born on February 12, 1998 and Landon Michael Ernest Hyatt, born on October 31, 003. The parties agree that WIFE shall have sole legal custody of the minor children. The parties further agree that WIFE shall have sole physical custody of the minor children. 15. AFTER-ACQUIRED 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 all purposes as though he or she were unmarried. 16. PENSIONS / RETIREMENT ACCOUNTS: HUSBAND has military retirement benefits as a result of his services in the United States Armed Forces. WIFE hereby waives any right, claim or interest she may have in any and all of HUSBAND's military retirement benefits. To the extent that WIFE may have any retirement benefits, HUSBAND hereby waives any right, claim or interest he may have therein. Each party further agrees to execute any and all documents to give effect to this paragraph. 17. INCOME TAX: HUSBAND and WIFE have filed separate tax returns beginning with the tax year 2006. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and 6 former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 20. MARITAL DEBT: The parties have divided all marital debt to their mutual satisfaction. 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 22. 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. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any 7 jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to 8 the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parry shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other parry in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be 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 defaults of the same or similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. /"'Ou ?A4 MICHAEL HYATT THOMAS M. CLARK, ESQUIRE k-Lk5ii? 0 4-1.4 HER SHA A T 10 O THE J )TAPY 2004 5i--_ 2 A' I i i Cut }?j r i qqo.-+t vs Case No. -0 L.P - liuLP ." v , i T-{ rm Statement of Intention to Proceed To the Court: L r L LA A .1 t, +YIA ?T 'TT intends to pro eed with the above captioned matter. Print Name P`(14.-? - ?N-6Xk e Date: b Attorney for (-) Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govem the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of teimination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Fi1.ED--C)FRCE OF tHE PROT M. TARP 2009 5EP --9 PM 12: 3 7 0"AiNTY PE NSYLVA {A ?Cvw-,t- ?4 A,-T- vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION NO. A( B " ;N Late- mm 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: 1. 2. 3. either pwagraf h (a) or (b). Date of execution of the affidavit of consent required by 3301 Divorce code: -X,1 a Ylg-a4 $ i 1 oA -,->? q V1E (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending ?]b??x Ground for divorce: Irretrievable breakdown under 3301(c) 3301(d) (1) of the Divorce Code. (Strike out inapplicable section) Date and mama of service of the complaint: 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file pmecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: ?;Qrr ?51,zAlcpz dilgA g I D.10al Date defendant's Waiver of Notice in 3301 (c) divorce ``was filed with the Prothonotary: VW IPA Q' ! U 0?l ji 19A k? 10 °l lJk ?4 ? - f b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: FILED--'J-I IuE F'?`` r 1nt'1?f},s?Y OF THE 2009 S'EA' 24 Ali 10- 'S MICHAEL HYATT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER SHAWN HYATT NO. 06-3166 DIVORCE DECREE AND NOW, SOte-rn\aaor 19 it is ordered and decreed that MICHAEL HYATT plaintiff, and HEATHER SHAWN HYATT , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, lv\i?AA Attest: J. Prothonotary is i` o09 ?`? • -? ?