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HomeMy WebLinkAbout06-4697Michael Allen Lynn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Sheri Ellen Lynn, No. 2006 - q& f 7 CIVIL TERM Defendant IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselor is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MARK F. BAYLEY, ESQUIRE IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY ID NO. 57663 ATTORNEY FOR PLAINTIFF Michael Allen Lynn Plaintiff V. Sheri Ellen Lynn, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2006 - CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Michael Allen Lynn, an adult individual, who resides at 103 Milky Way, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Sheri Ellen Lynn, an adult individual, who resides at 39 Eisenhower Drive, York, York County, Pennsylvania 17403. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on December 7, 2001 in Pleasant Hall, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, IRWIN & BAYLEY Date: ` Ldzk Mark F. Bayley, Esquire 64 South Pitt St. Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: a I _M (, ?` ?? ?,... W ? ~? C .? p ?? _- ?? ???; ? ?? -?.. ?, c_. <,, u' c ?' `? -4 `? c? a f MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Michael A. Lynn, (hereinafter referred to as "HUSBAND") and Sheri Ellen Lynn, (hereinafter referred to as WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on December 7, 2001; and 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 for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; or has voluntarily decided not to receive advice from counsel acknowledging that adequate time and opportunity has been provided to do so; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. DEBTS AND LIABILITIES: a. It is mutually agreed by and between the parties that HUSBAND will be responsible for the following debts, liabilities, contracts and payments relating to the same: 2 i. Any and all debts, liabilities, and/or contracts currently under his name not otherwise mentioned by the within agreement. ii. Half of WIFE's last student loan financed through Sallie Mae (account number 9523061541-1). The parties will cooperate in attempting to refinance this loan solely into WIFE's name; whereby HUSBAND would provide his half of the principle owing upon refinancing. If refinancing is not possible, HUSBAND will provide half of the monthly payment and shall not be responsible for penalties and/or interest resulting in WIFE's failure to provide her half. b. It is mutually agreed by and between the parties that WIFE will be responsible for the following debts, liabilities, contracts and payments relating to the same: i. Any and all debts, liabilities, and/or contracts currently under her name not otherwise mentioned by the within agreement. ii. Half of WIF'E's last student loan financed through Sallie Mae (account number 9523061541-1). The parties will cooperate in attempting to refinance this loan solely into WIFE's name; whereby HUSBAND would provide his half of the principle owing upon refinancing. If refinancing is not possible, WIFE will provide half of the monthly payment and shall not be responsible for penalties and/or interest resulting in HUSBAND's failure to provide her half. 8. CASH ASSETS AND OTHER ASSETS: The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 9. PERSONAL PROPERTY, VEHICLES, ETC.: The Parties have previously separated all personal property, vehicles, etc., not otherwise mentioned by this agreement to their satisfaction. The respective Party currently possessing property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. 10. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 11. RETIREMENT ACCOUNTS a. HUSBAND will assume full ownership of any and all Pension and/or Retirement plan(s) currently in his name. 3 b. WIFE will assume full ownership of any and all Pension and/or Retirement plan(s) currently in her name. 12. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and 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 all such interests, rights and claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 13. INCOME TAX RETURNS: All future income tax returns not otherwise mentioned by this agreement will be filed separately and the parties will each retain any refund due to them. 14. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. 15. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 16. ADDITIONAL INSTSRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 17. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. Both parties acknowledge that they have had full and fair opportunity to discuss this agreement and its effect with legal counsel or have voluntarily declined to receive advice from counsel after being given an adequate opportunity to do so. 4 18. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 21. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. 23. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 24. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 25. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the 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. 5 26. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 27. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 30. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. ACTIVATION: This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. WITNESSES: tell o . Michael A. Lynn Date X07 Sheri E. Lynn Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this day of CCU14 - 9, , 200 Michael A. Lynn, known to me (or satisfactorily proven) to be the person whose nam is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. 801JR40N ;o uolleloossy eluenlAmed 'JsgW@W 0L0Z'0£ 'AoN SOJ!B uolsslwwoo Aw ., Ajunoo pueuegwn0'0J09 eis!PBO J ollgnd AAWN `e$3 'J eugenbOer I9S'-n'%0N y HC V1NVA1,kSNN3d 30 Hi71V3MN01N1N00 COMMONWEALTH OF PENNSYLVANIA 7 : COUNTY 1 K : SS OF C PERSONALL PE BEFORE M a notary public for QXzXXVr1;nM X'= County Pennsylvania, this y of &a g Sheri E. Lynn, known to me (or a?? satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WEREOF, I have hereunto set my hand and official seal. /21 'AL&dik?"A Notary Public COMMONWEALTH OF PR.NN8VLVAN1A Notarial Seal Susan a Homer, Notary Public City Ot York, York County My Commission E?Oms Mar. 30, 2010 Member, Pennsylvania Associagan of Notarise 8 ON 0 -TI _ ...,.1 ?.Y C..0 _ i .13 ? F^p 11 Michael Allen Lynn Plaintiff V. Sheri Ellen Lynn, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2006 - 4697 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Sheri Ellen Lynn, in the above-captioned action and I certify that I am authorized to do so. Date BY: Sheri Ellen Lynn, Defendant C7 ^3 t? o C) W ?! f W OM s Michael Allen Lynn : IN, THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW Sheri Ellen Lynn, : No. 2006 - 4697 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 15, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. a ? Jc?.,? cb`7 Date Sheri Ellen Lynn r-O FT! d e r" l 3 77 :lc .r Michael Allen Lynn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW Sheri Ellen Lynn, : No. 2006 - 4697 CIVIL TERM Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301(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 IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. a ? ?OjrN am Date Sheri Ellen Lynn ITI Michael Allen Lynn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW Sheri Ellen Lynn, : No. 2006 - 4697 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 15, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dfite ;hael Allen Lynn C"j ` r.a C 't7 fs 7 Michael Allen Lynn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : : CIVIL, ACTION -LAW Sheri Ellen Lynn, : No. 2006 - 4697 CIVIL TERM Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301(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 IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date t ? -rf ` :?' 4 t ? ? "` ;+? .-? 3 rj fP f .. '.'? ,, // S .? ' >y?f Ct ? ? { G.rJ ry '? .. ? '-t: Michael Allen Lynn : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Sheri Ellen Lynn, : No. 2006 - 4697 CIVIL TERM Defendant : 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service was signed on August 28, 2006. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff January 23„ 2007; by the Defendant January 24, 2007. 4. Related claims pending: None 5. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on January 31, 2007; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on January 31, 2007; a copy of which is attached. Date: f ? r C Mar F. Bayley, Esquire BAYLEY & MANGAN 57 W. Pomfret Street Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff r? IN THE COURT OF COMMON PLEAS Michael Allen Lynn Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. No. 4697 VERSUS Sheri Ellen Lynn, Defendant DECREE IN DIVORCE 2006 AND NOW, IV e,VIf O0rf IT IS ORDERED AND DECREED THAT Michael Allen Lynn Sheri Ellen Lynn AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The Marital Settlement Agreement is incorporated u no merge with the Divorce Decree BY THE COURT: ATTEST: J. i PROTHONOTARY i JASON D. ARNOLD, ESQUIRE PA Supreme Court ID #: 205546 4989 Hamilton Drive Harrisburg, Pa 17109 (717) 412-1734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL ALLEN LYNN CIVIL ACTION, Plaintiff VS. NO. 2006-04697 SHERI ELLEN LYNN Defendant IN DIVORCE MOTION TO ORDER COMPLIANCE Sheri Lynn, by and through her attorney undersigned below, hereby make the following motion to order compliance; 1. Movant Sheri Lynn married Michael Lynn on December 7, 2001. 2. Sheri Lynn and Michael Lynn made an agreement to distribute marital property and debt on January 22, 2007. Agreement attached as Exhibit A. 3. A Decree of Divorce was granted on February 13, 2007. 4. As part of the agreement, Michael Lynn agreed to take on half of wife's student loan, including making payments until such time as she was able to refinance the loan, and if she was unable to refinance the loan, that Michael Lynn would continue to make regular half payments for the loan. 5. Sheri Lynn made her best efforts to refinance the student loan but was unable to do so. 6. An inability to refinance the loan does not remove the obligation to pay half of the debt under the agreement. 7. Michael Lynn has not made any payments since June 2009. 8. Michael Lynn is in breach of the agreement. 9. 23 Pa. C.S. § 3502(e) allows for a Courtto order a party to comply with an agreement pursuant to a divorce. WHEREFORE, Sheri Lynn requests this Court to order Michael Lynn to resume paying half of the monthly payment amount for her student loan and to pay any arrearages immediately. Respectfully submitted, Jason D. Arnold, q. Attorney for Sheri Lynn JASON D. ARNOLD, ESQUIRE PA Supreme Court ID #: 205546 4989 Hamilton Drive Harrisburg, Pa 17109 (717) 412-1734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL ALLEN LYNN Plaintiff vs. SHERI ELLEN LYNN Defendant : CIVIL ACTION, NO. 2006-04697 IN DIVORCE VERIFICATION I, Sheri E. Lynn, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: q)q Sheri E. Lynn JASON D. ARNOLD, ESQUIRE PA Supreme Court ID #: 205546 4989 Hamilton Drive Harrisburg, Pa 17109 (717) 412-1734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL ALLEN LYNN CIVIL ACTION, Plaintiff NO. 2006-04697 vs. IN DIVORCE SHERI ELLEN LYNN Defendant CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 440, the undersigned does hereby verify that a true and correct copy of the Motion to Order Compliance was mailed, first class, postage pre-paid to Attorney for Michael Lynn Jerry Weigle 126 E. King St. Shippensburg, Pa 17257 on December 10, 2009. Jason D. Arnold, Esquire PA Supreme Court ID #: 205546 FILED-i lffi E 2009 DEC 1 1 PM 2: 06 "UNTY MICHAEL ALLEN LYNN PLAINTIFF V. SHERI ELLEN LYNN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4697 CIVIL ORDER OF COURT AND NOW, this 17th day of December, 2009, upon consideration of the Motion to Order Compliance filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before January 8, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing on this matter will be held on Friday, January 15, 2010, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Zierry Weigle, Esquire Attorney for Plaintiff ZJason D. Arnold, Esquire Attorney for Defendant bas c' es "L-C," l?I1P?IUQ M. L. Ebert, Jr., J. RLEt.;- C 'r'F ':"E !0'" T Hr F""', 'r ITAly 2009 DEC 17 PH 4: 114 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW MICHAEL ALLEN LYNN Plaintiff CIVIL ACTION, NO. 2006-04697 VS. SHERI ELLEN LYNN Defendant IN DIVORCE : JUDGE M.L. EBERT, JR. ANSWER TO MOTION TO ORDER COMPLIANCE PURSUANT TO ORDER OF COURT DATED DECEMBER 17, 2009 AND NOW COMES Michael Allen Lynn who was the Plaintiff in the divorce action filed to civil action #2006-04697, and the Respondent in the instant Motion to Order Compliance by and through his attorney, Jerry A. Weigle, Esquire, who answers said Motion to Order Compliance as follows: 1. Admitted. 2. Admitted. A copy of the marital settlement agreement entered into is attached hereto, made a part hereof and marked Exhibit A, as no copy was attached to the Motion to Order Compliance. 3. Admitted. 4. Denied as stated. The relevant language of the marital settlement agreement which refers to the loan repayment issue is found in Paragraph 7 (a) ii which speaks for itself. 5. Denied. Numerous requests to the movant from both the Respondent and Counsel for the Respondent to indicate what efforts have been made from January 2007 to the present to refinance, and the results of those efforts have gone unanswered. Strict proof that the Movant has complied with the spirit and the letter of the marital settlement agreement are demanded at the scheduled hearing. Copies of relevant correspondence from Counsel for the Respondent to the movant (prior to being advised that Counsel had been obtained) and to Counsel for movant are attached hereto, made a part, hereof and marked Respondent's exhibits "B" and "C" respectively. 6. Denied as stated. Movant's good faith efforts to refinance and the circumstances surrounding any denial of a refinancing effort or efforts are WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 indeed relevant to determine whether a present obligation to resume student loan payments by the Respondent are required under the marital settlement agreement. 7. Admitted. By way of further answer Respondent incorporates herein by reference thereto his answer to Paragraphs 1-6 of movant's motion. 8. This is a conclusion of law and therefore requires no answer. i 9. Admitted. WHEREFORE, the Respondent requests that the Court dismiss movant's request for relief and to take such further action deemed fair and appropriate under the circumstances. Respectfully submitted, Weigle & Associates, P.C. By: JE Y A. WEIGLE, ESQUIRE Attorney ID # 01629 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Motion to Order Compliance are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Dated: ° 50 & WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 MARNAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Michael A. Lynn, (hereinafter referred to as "HUSBAND") and Sheri Ellen Lynn, (hereinafter referred to as "WIFE"). VfTl'I'NESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on December 7, 2001; and 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 for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distnbution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THMEFORE, in consideration of the promises and 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. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. Exhibit "A" r ' i ' 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all amts herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each parry to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; or has voluntarily decided not to receive advice from counsel acknowledging that adequate time and opportunity has been provided to do so; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. DEBTS AND LIABILITIES: a. It is mutually agreed by and between the parties that HUSBAND will be responsible for the following debts, liabilities, contracts and payments relating to the same: 2 • r . i. Any and all debts, liabilities, and/or contracts currently under his name not otherwise mentioned by the within agreement. ii. Half of WIFE's last student loan financed through Sallie Mae (account number 9523061541-1). The parties will cooperate in attempting to refinance this loan solely into WWFs name; whereby HUSBAND would provide his half of the principle owing upon refinancing. If refinancing is not possible, HUSBAND will provide half of the monthly payment and shall not be responsible for penalties and/or interest resulting in WIFE's failure to provide her half. b. It is mutually agreed by and between the parties that WIFE will be responsible for the following debts, liabilities, contracts and payments relating to the same: i. Any and all debts, liabilities, and/or contracts currently under her name not otherwise mentioned by the within agreement. H. Half of WIFE's last student loan financed through Sallie Mae (account number 9523061541-1). The parties will cooperate in attempting to refinance this loan solely into W1FE's name; whereby HUSBAND would provide his half of the principle owing upon refinancing. If refinancing is not possible, WIFE will provide half of the monthly payment and shall not be responsible for penalties and/or interest resulting in HUSBAND's failure to provide her half. 8. CASH ASSETS AND OTHER ASSETS: The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 9. PERSONAL PROPERTY, VEHICLES, ETC.: The Parties have previously separated all personal property, vehicles, etc., not otherwise mentioned by this agreement to their satisfaction. The respective Party currently possessing property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. 10. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 11. RETIREMENT ACCOUNTS a. HUSBAND will assume full ownership of any and all Pension and/or Retirement plan(s) currently in his name. b. WIFE will assume full ownership of any and all Pension and/or Retirement plan(s) currently in her name. 12. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each parry hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and 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 all such interests, rights and claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 13. INCOME TAX RETURNS: All future income tax returns not otherwise mentioned by this agreement will be filed separately and the parties will each retain any refund due to them. 14. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. 15. BREACH: In the event of the breach of this agreement by either party, the nonbnaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees fixured by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 16. ADDITIONAL INSTSRUAWM: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 17. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. Both parties acknowledge that they have had full and fair opportunity to discuss this agreement and its effect with legal counsel or have voluntarily declined to receive advice from counsel after being given an adequate opportunity to do so. 4 18. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEAWM: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 21. AGENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. 23. MARITAL DEBT: Each party hereby confirms they have not mmn*ed any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 24. EQUITABLE DISTRIBUTION: It is ,specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2,1980 (P.L. No. 63, No. 26), known as `The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended 25. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the 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. 5 26. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 27. SEVERABILM: 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. IaVTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 30. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. ACTIVATION: This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. WITNESSES: tel, 7 Michael A. Lynn Date . Owdu WAKILL eri E. Lynn Date COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND PERSONALLY APPE BEFORE ME, a notary public for Cumberland County Pennsylvania, this day of , 200 Mldwd A. Lynn, known to me (or satisfactorily proven) to be the person whose namNis subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained IN WITNESS WHREOF, I have hereunto set my hand and official seal. NlON w UORROMV "M448224d'J"U"" %0a'08 'MN Sa0a Uq"wuM An *"00 pieumoorto lows GPM r?s lic VINVA1ASNN3d 30 P i1V9MN0"r= COMMONWEALTH OF PENNSYLVANIA : *1K : SS COUNTY OF GT?AND : PERSONALLY,4PPEARW BEFORE ME, a notary public for county Pennsylvania, this A of QW, Sheri E. Lynn, known to me (or x007 7 satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WrrNESS VMEOF, I have hereunto set my hand and official seal. it A /I/? A Notary Public _N92SM r{ r Nor NftW Bed Sum A Homer, NoWy Pudic Ciy a Yak, Yak County W Coaw*Ww Ww.Mnr. X 2D10 Member. Pem s*srtk Asiat:iallon of Nab" 8 Directions to Fayetteville Fire Company Page 1 of 1 Jerry Weigle From: Jerry Weigle Sent: Friday, July 24, 2009 3:12 PM To: 'sherilynn25@comcast.net' Subject: Michael Lynn Sheri: The controlling language in your Marital Settlement Agreement dated January 22, 2007, is found on Page 2 of the document. (Paragraph 7 (a)(ii) ). Michael's obligation is to pay 1/2 of the principal loan obligation upon your refinancing of said loan in your name only. That has not occurred, nor has Michael been furnished with any information that you have made a good faith effort to refinance and have been rejected. Michael has proof that he has paid $3,667.00) toward the loan since the Marital Settlement Agreement was executed and will tender proof of the same upon being furnished with your current mailing address. If we use a hypothetical refinance date of June 22, 2009 to match the June 22, 2009 bank statement balance you provided of $15,063.69, Michael's obligation would be one-half of $15,063.69 minus $3667.00 or $5698.35 obviously this amount will change each month until a refinance occurs. ' . Very truly yours, Jerry A. Weigle Weigle & Associates, P.C. jweigle@weigleassociates.com Very truly yours, Jerry A. Weigle Weigle & Associates, P.C. jweigle@weigleassociates.com Exhibit "B" oii 1 /Innn TES JERRY A. wEKGLE WEIGLE & ASSOCIA Attorneys-at-Law Associates 126 EAST KONG STREET JOSEPH P. RUANE SHIPPENSBURG, PENNSYLVANIA 17257-1397 RICHARD L. WEBBER, JR. TELEPHONE (717) 532-7388 or (717) 776-4295 Of Counsel FAX (717) 532-5289 THOMAS L. BRIGHT September 9, 2009 Jason D. Arnold, Esquire Allied Attorneys 61 West Louther Street Carlisle, PA 17013 RE: Lynn v. Lynn Separation agreement Dear Attorney Arnold: I do indeed represent Michael A. Lynn with respect to the above referenced matter. Please find enclosed herewith a copy of the Marital Settlement Agreement prepared for the couple by Attorney Mark Bayley in Carlisle, Pennsylvania. The relevant language is found under Paragraph 7 sub a ii. Michael has paid to date a total of $3547.00. The last payment statement that was obtained from the bank shows a balance due and owing of $15,063.69 as of June 22, 2009. We have been furnished with no.information whatsoever as to whether or not Sherri has been able to refinance the loan in question or whether she has even tried up to this point in time. I attempted to answer Sherri's question via e-mail on July 24, 2009 and have enclosed a copy of the calculation that we made at this time using a hypothetical refinance date of June 22, 2009. The only problem with that message is -that my number was off slightly with what Michael has paid to date. The number that I used was $3367.00, but the correct number $3547.00. At least you can see our methodology in calculating what Michael owes Sheri. Copies of Michael's checks and electronic transfers from M&T Bank and Sovereign Bank accounts are enclosed to substantiate what he has paid to date. Basically, Sheri needs to refinance the loan so that we have a firm number to deal with. We would then subtract what Michael has paid to daze from his one-half of the obligation since he wasn't obligated to pay anything until a refinance occurred. Please review and advise at your first opportunity. Very truly yours, WEIGLE & ASSOCIATES, P.C. ?t! w Jerry A. Weigle, Esq e JAW/paf Enclosure Cc: Michael A. Lynn (w/enclosure) Exhibit "C" OF 2W AN -3 FM 2t 44 ,"W&aw MICHAEL ALLEN LYNN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERI ELLEN LYNN DEFENDANT NO. 06-4697 CIVIL .?: ORDER OF COURT ?c AND NOW, this 15th day of January, 2010, upon consideration of She-dlynr4l c- -` Motion to Order Compliance and Michael Lynn's Answer thereto and after conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that Michael Lynn will pay into a separately established escrow account the sum of $7,393.33 on or before February 1, 2010. IT IS FURTHER ORDERED AND DIRECTED that Sheri Lynn shall refinance the outstanding student loan within 60 days. Should she fail to refinance the student loan, the money placed in escrow will remain in escrow until refinancing is completed. Sheri Lynn will be fully responsible from this date forward for paying the full payment (principle and interest) on the current student loan. By the Court, 114\ -? - ?-4\ M. L. Ebert, Jr., J. Jerry Weigle, Esquire Attorney for Plaintiff _\ has Jason D. Arnold, Esquire Attorney for Defendant bas ????