Loading...
HomeMy WebLinkAbout02-2528 ~,'" WILLIAM B. COY, JR, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0), - .-:t ,; .:l. y Civil Term SHIRLEY J. COY, ACTION IN DIVORCE Defendant 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. Y Oll are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 170 I3 (717) 249-3166 . " WILLIAM B. COY, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. O.l. ;}~. ,;1'1' Civil Term SHIRLEY J. COY, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is William B. Coy, Jr., a competent adult individual, who resides in Cumberland County. 2. Defendant is Shirley J. Coy, a competent adult individual, who resides at 16 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on April 14, 1980 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens ofthe United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. , .. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. 94904 relating to unsworn falsification to authorities. 0~(3 William B. Coy, Plaintiff Respectfully submitted, Date: 5' - ;/1- 0 d-- ...'....'1 "'..,. I:":l a ~ c ~ ~ N 0 -o(j) .... Tl r Epr'f'" r'-; :-;.:1 ~ "" ::r' Z.,l -< ~-~:1 :.IJ ] ..r--'" N ~2?': r- r::t-j w "' -,rn - :~JO ).., 'L::.-:;; ., ")' ~ 0\ z() '""" '~:t~? ~. ~~~~ -'- ('-j-r1 It ~ ":':> 8~ _. ,~ --, , ..... 55 C? -< CI ',:.:' . WILLIAM B. COY, JR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02 - 2528 Civil Term SHIRLEY J. COY, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT AND NOW, this June 6, 2002, I, Jane Adams, Esquire, hereby certify that on June 1,2002, a true and correct copy ofthe NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Shirley Coy 16 W. Springville Road Boiling Springs, Pa. 17007 DEFENDANT Respectfully Submitted: J e dams, Esquire L . o. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF . o c :z:: -oeD rl1[T' -7:r,' 2C (j:.",.. ~,~ r:;:C:, ?""'c:- Zc J:"c: z ~ c:.> 1"-' r- ,.- ~ o -n I CJo .'~~) ;~ -n ,:c"J ~,,;- I'll '-.,,) .-'-l ~.. ::0 -< -n ,-0 .. -:t<.,~,.,iK'.~"">:"'~ Complete items 1, 2. and 3. Also complete item 4 if ReSWlcted Delivery is desired. . Print your name and'address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: ~I Or \l \€. IL01 PL\ \ f Dol 2. Article Number (Copy from service iabel) 7D';) ICo \,D. >&, LM.(j'S PS Form 381 j. July 1999 3. Service Type ~Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.a.D. 4. ODD 3 4 Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERV~ <Q \l R G, P I ,S <{ Q:- PM r'\ cc -..; <.1 I-' . ' ~ .... y/ -" ~'. . ,....-~ '-"" · Sender: Please prirj Yo~-ame. address, ~nd ZIP+4in this box..!-, I - I I I I "...,.- 4IAiIE ADAMS AmIRiEY AT LAW ... PITT IlREET --1.M 17011 '. .t;; 1"./llull/ll ~ ," .llll/llllll...I.II.ll! .1./.1.111/,1111111.1 SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYSeAT.LA.W 26 W. High Slreet Carlisle. PA WILLIAM B. COY, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-2528 CIVIL TERM VS. SHIRLEY J. COY, : IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, SHIRLEY J. COY, in the above captioned case. By: 0 0 ~ ~ N .- t- .... ;:RCiJ c= I 92ln Z ,"l,:IJ :x) D~ Zt;;. w :.'3 , If.!.. 2/ ....1 .-1.:1 ".. -:C:fj ~O :x (:> t"? /m 0 '-P. 6 )>c ~ l='" ~ CN '-< WILLIAM B. COY, JR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02 - 2528 Civil Term SHIRLEY J. COY, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SEPARATION 1. The parti,es to this action separated on ;t! 0 ~ - .:;..{} ~ 0 / and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that l'may lose my rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: ;J 0 v ~ ;)..{) - 03 U~(M G~~^. William B. Coy, Jr. Plainti ' . () c ~, _0'.. -rJ c.~ nIL! ~i' ~~:. ~c :s(".. Zf~ Pc -:;.0- 2! --) ',,) i"J ::::> r" :;:; r:__... -.'-' -< WILLIAM B. COY, JR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02 - 2528 Civil Term SHIRLEY J. COY, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE OF THE AFFIDAVIT OF SEPARATION AND NOW, this December 2, 2003, I, Jane Adams, Esquire, hereby certify that on December 1~, 2003, a true and correct copy of the AFFIDA VII OF SEPARATION was served, via certified mail, return receipt requested, addressed to: Carol Lindsay, Esquire 26 W. High St. Carlisle, Pa. 17013 ATTORNEY FOR DEFENDANT Respectfully Submitted: ~~ ~ e Adams, Esquire I. . No. 79465 l) South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 (') '.:;) Q ~ (....' '''::':') i~ 1"i J ;;;..-;:;;. I 'llr -:'I{::::;' <-- ,- ,- ~ C/}:__._ "<J ~e J> ":"H i~ :x .~:-!B 3m ..- ~ o Agent ,.." 0 Addressee B. R1v Y ( printed Name) I C. Dale of Delivery 1)) -I D. Is delivery address different from Item 17 0 Yes if YES, enter delivery address beIClW: 0 No ~'i 3. SelVlce Type .Ce,,"led Mail D express Mail .! o Reglsterea 0 Return Hece1pt for Merc:haOd;se~:\ o Insured Mail 0 C.o.D. 4. Restricted Delivery'? (Extra Fee) DVes ~'I I "1 7003 1010 0004 7818 6350 Domestic Return Receipt 10259s.oz-M-1540 UNITED STATES POSTAL SERVICE ".~': .:hr". ~1~11 Ii/.,:, ' FirstoClassM:PaId ," , l::'~~,~r~- ,', "''ii, /llQ.~ '-' : ,! / ,> ,,~t:f> . Sender: Please print YO~~~ss, and z&"+4~.:~b Scrv::f ~S~Si- ~, Pt'T 11013 o. WILLIAM B. COY, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02 - 2528 Civil Term SHIRLEY J. COY, ACTION IN DIVORCE Defendant ADDITIONAL CLAIMS OF PLAINTIFF AND NOW COMES, Plaintiff, William B. Coy, Jr., by and through his Attorney, Jane Adams, Esquire, and respectfully represents the following: COUNT I - EOUlTABLE DISTRIBUTION OF PROPERTY I. Plaintiff is William B. Coy, Jr, who currently resides in Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Shirley J. Coy, who currently resides at 16 W. Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. Plaintiff and Defendant were married on April 14, 1980. 4. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 5. Defendant is currently living in the marital home. 6. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property. 7. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - COUNSEL FEES. COSTS AND EXPENSES 8. Paragraphs 1- 7 are herein incorporated by reference. 9. Plaintiff is without sufficient funds to retain counsel to represent him in this matter. 10. Without counsel, Plaintiff cannot adequately prosecute his claims against Defendant and cannot adequately litigate his rights in this matter. II. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Date: -:; r d-K - df Respectfully ~ ane dams, Esquire LD. o. 79465 36 outh Pitt Street arlisle, Pa. 170 I3 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this PETITION 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: ~. J....8" . 0 Lj u)~"'^ William B. Coy, Plaintiff Q~.- ~ CERTIFICATE OF SERVICE I, Jane Adams, Esquire, hereby certify that a true and COlTect copy of the within Petition has been served upon the following individual, by interoffice and United States Mail, first class, postage prepaid, in Carlisle, Pennsylvania on June 2, 2004. Carol Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 E. High St. Carlisle, Pa. 17013 ATTORNEY FOR DEFENDANT f>&< 6/~/oj ~ ...., 0 (2 c> ~ = ., ~.~;:; -=- -l f ~ ,- I., 1\ c:; nl. -- :Q~ I 0 N ., =l~::ri ~ UJ - !-~: ~,2(~ \' -<:. 1$ .. ;('jITI --t> -<;. , ~-l " '~ -."" G :--"'::1 ~~ B -< OJ "-' t o t WILLIAM B. COY, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02 - 2528 Civil Term SHIRLEY 1. COY, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 23, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. J verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: \ Q \"\ \0 b Li),tJLG ~ William B. Coy, Plaintiff i WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. I understand that 1 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 1 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: \b\ ') \ DS- ,.., = .= <.>1 o C7 -, ~ ..... -c--. i"i':: "':1':.; -:bc,.., i.,),,:) --::.::;-T_" -cJ .".'~ _.....u ~'~~ ~~A '~-, -, ~~,.. ~ r:-? N 0"' SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT.l..AW 26 W. High Street Carlisle, PA I[ II WILLIAM B COY, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2528 CIVIL TERM v. SHIRLEY J, COY, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on May 23, 2002. 2. The marriage of pia in tiff and defendant is irretrievably broken and ninety days have f4: Y\ '0 1"' \1-<,<..1 LV c'(r\ ~ I\, elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 4904 relating to unsworn falsification to authorities, 'tYL,w _J /1" d Lh. Shirley J. Coy ,J ~ DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 Ie) OF THE DIVORCE CODE Date: II 'J - :1 (i ~ 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 ciaim them before a divorce is granted, 3. t understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree wiii be sent to me immediatety after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: ;j )." r YY40 ..u.fij->J U",cJ Shirley J, Coy (; C" r-' ~:J ,;~;) (~..n () .-n ,-Y'I -~ -'... :;...) f',' (,J) WILLIAM B. COY, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 2528 CIVIL SHIRLEY J. COY, Defendant IN DIVORCE ORDER OF COURT " -1 '7'~ AND NOW, this .L_ 1 ' day of y(/!A.~/)1/\ kv~L/, " 2005, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated November 17, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THIC COURT, P.J. cc: Jane Adams Attorney for Plaintiff /)-J7-QS" cr~ ~J!4 Jit' Carol J. Lindsay Attorney for Defendant 02 :01 P\1 U'. J30 SOUZ WILLIAM B. COY, JR, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02 - 2528 Civil Term SHIRLEY J. COY, ACTION IN DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT -ih THIS AGREEMENT, made this 17 day of .rrJiJ}-f:m k ' 2005, by and between, SHIRLEY 1. COY, of Boiling Springs, Pennsylvania, hereinafterreferred to as "WIFE", and WILLIAM B. COY, of Carlisle, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: , qrl WHEREAS, Husband and Wife were lawfully married on ApriI14,~ in Boiling Springs, Pennsylvania, and; WHEREAS, there were no children born of this marriage; WHEREAS, 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 desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter ofthis agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Jane Adams, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Carol Lindsay, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Id..owfLl '(\0 1- N~ VVllt J,2\~ov~a-rn..k JfY11!.'711:~ 3. SEPARATION. The parties intend to malntam separate d permaifent domiCiles . and to live apart from each other. It is the intention and purpose of t is agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall 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. 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. .r: (..L!CV\l ~~ Pn..,-""cJf afl'/ua c{;~1 Yl'tlM k d:J -t~ I3d..L CrJ/J..-Pc'fc)VJ W~ rAfl},--- )IlLf 7-Vt'-"1 {I^tu-"W''f P $/,AP 4. ~UB~EQUEN! I.>IVORCE. Th~ partie~ her~byiickilow'redge tnat hag'file!d a jU ::; ~~ Complamt In Divorce, clmmmg that the marnage IS metnevably broken under the no-fault it / r;OtJIJ (j , mutual consent provision of Section 3301 ( c) of the Pennsylvania Divorce Code. Wife hereby nd fa1;t~ expresses her agreement that the marriage is irretrievably broken and expresses her intent to -.9''''' C, tVfMc4 execute any and all affidavits or other documents necessary for the parties to obtain an absolute ye, divorce pursuant to Section 330l(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to pemlit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. 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. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS, Other than as provided in this agreement, each party may dispose 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 mulual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGA nONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and 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, will be liable. Each party agrees to indemnifY or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s350l et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employabilitY, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 9. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 10. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1995 Ford Aerostar shall be and remain the sole and exclusive property of Wife. (b) The 1992 Ford Ranger shall be and remain the sole and exclusive property of Husband. ;:r; PolO FO y The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within ten (10) days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 11. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 16 West Springville Road, Boiling Springs, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) Within forty-five days of the execution of this agreement Wife shall refinance the mortgage obligation on the marital home thereby removing Husband's name from any loans or obligations associated with the marital home. (b) On the date ofrefinancing, Wife shall pay to Husband the amount ofTen-Thousand Dollars ($10,000.00) in consideration of Husband conveying the marital residence to Wife. Upon refinancing, Husband shall deliver a deed, conveying to Wife all of his right, title and interest in and to the marital residence, in exchange for the payment of Ten- Thousand Dollars ($10,000.00). Wife shall pay all expenses and filing fees associated with the refinancing, deed transfer, and deed preparation. The parties will cooperate and execute any additional documents which may be needed to effectuate the intent of this agreement (c) As of the date of separation, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expensej:;t=b\D ;Jj..I.-./3 ilL ;::i'v-r/tP 3o~ ~ LLfa.o ko"'Z 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 14. 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. 15. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 17. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. 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 default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 20. 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 provisions 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 his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 21. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her eleclion, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 22. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: VYlJ--o .sJ,-~ dC~r~ SHIRLEY J. CO " Wife: Date: Adams, Esquire 6 S. Pitt St. arlisle, Pa. 17013 (717) 245-8508 Attorney for Husband LJ~<:i3 ~ C\ WILLIAM ~. COY, bah~ Date: /1.-' /7- 0 0- !-'.) ,>'" c_" r,;..T' C) \'" CO} .,-.,:) oJ.) 9n, . '-\ -'T::-n r;l t--' 1 :i:-i: f..,"' ("",) ..J .",- WILLIAM B. COY, JR, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02 - 2528 Civil Term SHIRLEY 1. COY, : ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under &330I(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted- delivery, delivered on: June 1,2002. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: tD-~-o5 By Plaintiff: -kl~, 'SL.':- By Defendant: ~ ~ - ~ - OS- 4. Related claims pending: None: all claims were resolved bv a marriage settlement agreement. completed bv the parties on December 17. 2005. 5. Date Defendant's Waiver of Notice in S330I(c) Divorce was filed with the Prothonotary: I j - I 5' - 0 S- Date Plaintiffs Waiver of Notice in S330I(c) Divorce was filed with the Prothonotary: \ D - '( -0-5 Date: \ '~ d- Cj - 0 '::) e Adams, Esquire . No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ....... -r'i ~; ~<? I;c~' CJ f"i. C") (~) ...(\ .--\ -,- \"f\ ~>,,) 0> (,) r',,,) ?~~~ +. ~~~ ~~~++ ~~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + + + IN THE COURT OF COMMON PLEAS ~~~+~~+~ ++~+~~+~++++~+~+~++~+.~+~+~+~ + + . + . + + . + + + . + + + + + + + + . + + + . + . + + + + . + + + + . + + + . + + . + + + + + + + + + . + + + + . + + + + . + + + . + + + + . + . + + . . . . + . + + + + + . + + + + + + + + + + . . . +~+~++++.+~+~~~++++++~++++++++? +. +++ . .. OFCUMBERLANDCOUNTY STATE OF PEN NA. William B. Coy, Plaintiff VERSUS No. No. 2002 - 2528 Civil Term Shirley J. Coy, Defendant AND NOW, + + + + + + + + + + + + + + + . + . . . . + + + . + . . + + + . + . + . + + . + + + . . + + + + + + + + + . + ~++++++~+.~~++~+~+ DECREED THAT AND DECREE IN ..--- , DIVORCE \~Jo -=:.. , IT IS ORDERED AND - ~CO..> , William B. Coy , PLAINTIFF, Shirley J. Coy , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION tJO\.V2- The marriage settlement agreement which was executed November 17th 2005, shall be incorporated and not merged into this ~ecr:.-L:,:;J Bn~.::' ?{~ ) / ATTEST;;J. . ,,~- / ----- PROTHONOTARY +. +.+~+.++.++. +.+ +' +.+.+~~;t;~+''+' .. J. i1!,~II'() )'tttf 91- ~1~t.U -:3?,ltO(ll ~ r ~ff(j "t n'<~ 1,.1= l" uf""J - "')01 ~ f I .' . --