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HomeMy WebLinkAbout02-2580 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE TARAC, TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2002 - .< '5;rD Plaintiff v, BRIAN K. TAYLOR, CIVIL Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT I, Plaintiff Tara C, Taylor is an adult individual residing at 653 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. 2, Defendant Brian K. Taylor is an adult individual residing at 128 Virginia A venue, Cumberland County, Pennsylvania. 3, Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were lawfully joined in marriage on June 22, 199 I in Carlisle, Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6, Neither party is a member of the armed forces ofthe United States of America, 7, The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. , . ... ....~~....__._'.~_M____'_". LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 8. The 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, 9, The Plaintiff requests this Court to enter a decree of divorce. 10. All economic issues between the parties have been resolved through a Post-Nuptial Agreement dated April 9, 2002. WHEREFORE, Plaintiff Tara C. Taylor requests this Court to enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. SNELBAKER, BRENNEMAN & SPARE, P,C. vfl~ Date: May 24, 2002 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Tara C, Taylor -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4909 relating to unsworn falsification to authorities. ::l'on". C.!Jwy; ~, Tara C, Taylor Date: 5 - ;? L{ - 0 ~ LAw OFFICES SNELBAKER. BRENNEMAN & SPARE TARA C, TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, BRIAN K. TAYLOR, : NO, 2002 - CIVIL Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT TARA C, TAYLOR being duly sworn according to law, deposes and says: I, I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3, Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 9 4904 relating to unsworn falsification to authorities. Jlt1fl(l, Date: 5- J I-j - 0 ;).. ~.~ Tara C. T or (Plaintiff) ,--, '_._----~~--,--~.--. TARAC, TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 2002 - d.5tW CIVIL BRIAN K, T AYLOR, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case 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, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Attorneys for Plaintiff By: ,,~ ~ ~ ~ ~ Vv " "1\ ~ ~ \ ~l '^ "'- ~, ()! ~ ~ ~~ ~ p --:;; -rJl\:: [Ph", ,~'_: ~rj ..",- (/) ~> 1',) .--"" co C:~t) "-.> - 7G ~. .. ( ~ _.,,~ ~~~ _.. ::3 :Al , ,~ Cl ~ I"~ U V ~,;:; I I -:-~'" T;TI '-',~,) , ' i::~; ~, -'} :",d .,::,:..(") (,;)r'n ;:~ jj -< LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE TARAC. TAYLOR, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2002 - () ~o CIVIL BRIAN K, TAYLOR, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE POST-NUPTIAL AGREEMENT Plaintiff Tara C, Taylor, by her attorneys, Snelbaker, Brenneman & Spare, p, C. submits this Petition and in support thereof states the following: I. BACKGROUND. 1. Plaintiff Tara C. Taylor, Petitioner herein, is an adult individual residing at 653 Belvedere Street, Carlisle, Pennsylvania, 2, Defendant Brian K. Taylor, Respondent herein, is an adult individual residing at 128 Virginia Avenue, Carlisle, Pennsylvania, 3, Petitioner and Respondent were married on June 22, 1991and separated on February 9, 2002, 4. On April 9, 2002, Petitioner and Respondent entered into a Post-Nuptial Agreement (the "Agreement"), which Agreement resolved all property and economic issues between the parties arising out of their marriage, A true and correct copy of the Post-Nuptial Agreement is attached hereto and incorporated by reference herein as "Exhibit A". 5. The Agreement between the parties was entered into after their separation and in anticipation of the future divorce, II. BREACH OF AGREEMENT. 6. The averments of Paragraphs I through 5, inclusive, of this Petition are incorporated by reference herein, 7, Pursuant to Paragraph 4 of the parties' Agreement, Respondent agreed, inter alia, upon his execution of the Agreement to convey to Petitioner all Respondent's right, title and interest in and to the marital residence acquired by the parties located at 653 Belvedere Street, Carlisle, by special warranty deed. 8. Pursuant to Paragraph 7 of the parties' Agreement, Respondent agreed, inter alia, that the parties shall sign the necessary documentation to transfer to Respondent a Honda Accord automobile, which automobile is titled in the names of both parties. 9. Pursuant to Paragraph 19 of the parties' Agreement, the parties agreed to: cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. (Agreement, p, 11) 10. Petitioner since April 9, 2002 has made repeated efforts to have title to the real property transferred to her and title to the Honda Accord transferred to Respondent in accordance with the parties' Agreement as set forth above, 11. In spite of Petitioner's repeated efforts to have the real property transferred to her and title to the Honda Accord transferred to Respondent, Respondent has failed and refused to cooperate with Petitioner or otherwise abide by his obligations under the Agreement. 12, Respondent has advised Petitioner that he will not execute a deed transferring the LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE real property to Petitioner and that he refuses to meet with Petitioner with a notary public to -2- complete transfer of the Honda Accord title to Respondent. 13. On April 23, 2002, after Petitioner was advised of Respondent's refusal to execute a deed conveying the real property to Petitioner and to meet with Petitioner with a notary public to transfer the Honda Accord title, Petitioner's counsel sent a letter to Respondent advising Respondent of his obligations under the parties' Agreement and demanding that Respondent cooperate with Petitioner, within twenty (20) days of April 23, 2002, in signing the deed to the real property and the title to the Honda Accord. A true and correct copy of the aforementioned letter dated April 23, 2002 is attached hereto and incorporated by reference herein as "Exhibit B". 13. In spite of the demands by Petitioner's counsel by letter dated April 23, 2002, Respondent continues to refuse to sign the deed to the real property and cooperate with Petitioner to convey the title to the Honda Accord, 14. For the reasons set forth above, Respondent is in breach of his obligations under Paragraphs 4, 7 and 19 of the parties' Agreement. 15. In addition to the above, Respondent has failed and refused to pay the Susquehanna Valley Federal Credit Union loan obligation as agreed to by him in Paragraph 6a, ofthe parties' Agreement. III. REOUEST FOR ATTORNEY'S FEES. 16. The averments of Paragraph 1 through 15, inclusive, of this Petition are incorporated by reference herein in their entirety, 17, Pursuant to Paragraph 20 ofthe parties' Agreement, the parties agreed, inter alia, that LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE in the event either party breaches any provision of the Agreement, the defaulting party shall be -3- responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under the Agreement. 18, Petition has engaged the law firm of Snelbaker, Brenneman & Spare, p, C, to seek relief from this Court due to Respondent's breach of the parties' Agreement as set forth above. 19. Petitioner's counsel advised Respondent by letter dated April 23, 2002 that iflegal action was taken against him, he would be responsible for the attorney's fees and costs incurred by Petitioner to enforce her rights under the Agreement. (See Exhibit B hereto,) WHEREFORE, Petitioner requests this Court to: A. Order Brian K, Taylor to execute a deed in the form attached hereto as "Exhibit C", conveying his right, title and interest in and to the real property located at 653 Belvedere Street, Carlisle, to Petitioner; B. Order Brian K, Taylor to cooperate with Petitioner in the conveyance of the Honda Accord to Petitioner; C. Award Petitioner reasonable attorney's fees and costs of this proceeding; and D. Grant such other relief to Petitioner as this Court deems just and appropriate under the circumstances. SNELBAKER, BRENNEMAN & SPARE, p, C, Vfh~ LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE Date: May 24, 2002 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Petitioner Tara C. Taylor -4- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. :J.1DJ1/11 C. :;~rrc Tara C. Taylo Date: 5" - ;;?y- O:L POST-NUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this f~ of April, 2002 by and between: TARA C. TAYLOR of 653 Belvedere Street, Carlisle, Pennsylvania, party of the first part, (hereinafter "Wife") AND BRIAN K. TAYLOR, of 63 7 Hamilton Street, Carlisle, Pennsylvania, party of the second part, (hereinafter "Husband") WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on June 22, 1991 in Cumberland County, Pennsylvania and separated on February 9, 2002; and WHEREAS, the parties last resided with each other at 653 Belvedere Street, Carlisle, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, the parties have two children oftheir marriage; namely Dalton C. Taylor born September 23, 1993 and Madison M. Taylor, born September 5,1997; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and EXHIBIT A obligations arising out of their marital status and with respect to the tenns and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and; WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, tenns and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutua1Iy agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were urmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. TANGIBLE PERSONAL PROPERTY. Husband hereby covenants and agrees to set over, transfer and assign absolutely to Wife all ofhis right, title and interest in and to any and all of the furniture, furnishings, rugs, equipment, appliances, books, dishes, decorative items, utensils, silverware and any other household goods or miscellaneous personalty of any nature, without limitation by specification, which are presently located at the premises known as 653 Belvedere Street, Carlisle, Pennsylvania and Husband hereby releases and relinquishes all claims and demands whatsoever as to the whole or part of those items of personal property; provided, 2 however, that the foregoing description of personal property shall not include any of the personal property listed on Exhibit A, which Exhibit A is attached to and made a part of this Agreement, which personal property shall be and become the sole property of Husband. WIfe hereby releases and relinquishes all claims and demands whatsoever as to all or any part of the personal property identified in Exhibit A Notwithstanding the foregoing, Husband shall remove from 653 Belvedere Street the items listed on Exhibit A within thirty (30) days after the date of this Agreement and any items not then removed shall revert to and become the sole property of Wife. Husband will give Wife at least seven (7) day's notice before moving the items from the premises and will arrange to remove the items at a mutually convenient time. The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MARITAL RESIDENCE AT 653 BELVEDERE STREET. CARLISLE. PENNSYLVANIA Husband and Wife acknowledge that they have jointly acquired title to certain real property improved with a residential dwelling located at 653 Belvedere Street, Carlisle, Pennsylvania (hereinafter the "marital residence"). The parties further acknowledge that the marital residence is encumbered by a mortgage to USAA Federal Savings Bank in the principal amount of approximately $95,000.00. 3 Husband agrees upon his execution of this Agreement to convey to WIfe all ofhis right, title and interest in and to the marital residence by special warranty deed, free and clear of all encumbrances except the mortgage obligation identified above. WIfe agrees to pay and be solely responsible for the mortgage obligation identified above and to pay all utilities and real estate taxes associated with the marital residence. Wife agrees to indemnify and hold Husband harmless of and from any liability relating to the above mortgage, utility expenses and real estate taxes. Wife agrees to refinance the mortgage on the marital residence in her own name so as to extinguish any liability on the part of Husband for same. Wife further agrees to submit a completed loan application for such purpose within 120 days of the date of this Agreement. Husband agrees to execute any documentation reasonably required by Wife's lender or title insurance company to facilitate Wife's refinancing efforts. The parties acknowledge that they are obligated to WIfe's parents in the amount of $25,000 in the event the marital residence is sold, which obligation the parties acknowledge arose due to Wife's parents' financial assistance in acquiring the marital residence. Upon execution of this Agreement by the parties, Husband shall be released of and from any obligation to WIfe's parents. WIfe covenants and agrees to provide to Husband written confirmation from her parents of such release within ten (10) days of the parties' execution of this Agreement. The parties further acknowledge that they had recently refinanced the mortgage on the marital residence, thereby increasing the previous principal mortgage balance by $25,000.00 for purposes of paying off various debt. Husband agrees to pay wife the sum of$12,500.00, representing one-half of the mortgage debt incurred by the recent refinancing in accordance with Paragraph 13, below. 4 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been divided by mutual agreement to their satisfaction. WIfe agrees that Husband shall keep and retain his account at Members 1 st F.C. U. Husband agrees that Wife shall keep and maintain her M&T Bank checking account and the Susquehanna Valley F.C.U. savings and Christmas club accounts. The parties agree to close the joint M&T Bank account No. 1275542, which was utilized for direct deposit purposes only, upon their signing of this Agreement. 6. MARITAL DEBT AND FUTURE OBLIGATIONS. In addition to the Mortgage identified in Paragraph 4, above, and the debt associated with the vehicle lease referenced in Paragraph 7, below, the parties further agree as follows concerning the assumption and responsibility for payment of the following debt; a. Husband agrees to pay and be solely responsible for the Susquehanna Federal Credit Union loan No. 9605, which loan has a balance of approximately $4,667.00 and is in the name of both parties; b. Wife agrees to pay and be solely responsible for the USAA Bank Visa balance on Account No. 4121850710903513, in the approximate amount of$5,500.00 and which account is in Wife's name alone; c. Husband agrees to pay and be solely responsible for the credit card debt or loan for which debt or loan he receives periodic statements sent to his place of employment or elsewhere, which obligation is in his name alone; and d. Any other debts not specifically identified in this Paragraph or Agreement incurred prior to the date of the parties' separation shall be the responsibility of and paid by the party in whose name the debt or account is titled. The parties agree that any and all obligations incurred subsequent to February 9,2002, shall be the sole and separate liability and responsibility of the party incurring the obligation and 5 each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims. liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation for which such party is obligated under the terms of this Agreement. 7. AUTOMOBILES. The parties agree that they acquired during their marriage a 1990 Honda Accord, which vehicle is titled in both names. The parties are also parties to a lease respecting a 1997 Chrysler Town and Country van, which lease expires in July 2002, at which time the van will be surrendered. The parties agree that Husband shall retain sole possession and use ofthe Honda Accord and that within ten (10) days of the date of this Agreement, the parties shall sign the necessary documentation to transfer title to the Honda to Husband at Husband's expense. In consideration of Husband receiving the Honda Accord, he agrees to pay to Wife the sum of $2. 100.00, representing one-halfofthe monthly automobile lease payments made by Wife from the time of the parties' separation in February 2002 to time of surrender of the van in July 2002 and one-half of the charge for mileage in excess of 60,000 miles in accordance with the lease agreement. Husband shall pay the sum of$2,100.00 to Wife in accordance with the provisions of Paragraph 13, below. The parties agree to sign all documents necessary to terminate the lease agreement at its expiration. 8. JANUS MUTUAL FUND. The parties acknowledge that Husband is the custodian of a Janus Mutual Fund established for the purposes of providing funds for their son Dalton's college education. Within thirty (30) days of the date of this Agreement, the parties agree that Wife shall become sole custodian of the account. Thereafter, Wife agrees to provide copies of account statements to Husband at least every six (6) months. The parties agree that the funds in 6 the account sball be used only for the college education expenses of their son, Dalton. Wife may, in her sole discretion, pay any or all of the account funds into a Pennsylvania Tuition Account Program account for the use and benefit of Dalton. The parties agree to sign all documents necessary for WIfe to become sole Custodian ofthe account within thirty (30) days of the date of this Agreement. Husband agrees to pay to WIfe for deposit in said account the sum of$1,100.00, representing the amount he withdrew from the account for his personal use, in accordance with the provisions of Paragraph 13, below. 9. CUSTODY. Matters concerning the custody ofthe parties' two (2) minor children are addressed in a Custody Agreement which is attached hereto and incorporated by reference herein as "Exhibit B". 10. CHILD SUPPORT. Husband agrees to pay to Wife on account of the support of the parties' two (2) children the sum of $1,100.00 each month. payable semi-monthly with the first payment of$550.00 payable on or before the 1 st day of each month and the second payment of $550.00 payable on or before the 15th day of each month. Husband agrees to provide medical insurance coverage on the parties' children through his employer. Husband further agrees to provide medical insurance coverage on Wife until July 1, 2002. At request of WIfe from time to time, Husband agrees to provide proof of medical insurance coverage on the parties' children, which proof sball consist of: a) the name of the heahh care coverage provider(s); b) any applicable identification numbers; c) any cards evidencing coverage; d) the address to which claims should be made; e) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining 7 approval; f) a copy of the benefit booklet or coverage contract; g) a description of all deductibles and co-payments; and h) copies of any claim forms. In addition to any other support obligations of the parties herein. unreimbursed medical expenses shall be shared equally by the parties. Each party shall pay to the other party his or her share ofunreimbursed medical expense within thirty (30) days of being provided a copy of the statement or invoice indicating the expense or payment in full of same. For purposes ofthe provision an unreimbursed medical expense shall include, but not be limited to, co-payments made for prescription and doctor's visits. Further, in addition to any other support obligations of the parties herein. the parties, only upon their mutual agreement, will share equally all costs and expenses for enrollment in preschool, swim club, soccer and other team or other sports camps, day care expenses, team uniforms and sports equipment. Each party shall pay to the other party his or her share of the expenses for such activities and care within thirty (30) days of being provided proof of payment in full of the expense or within thirty (30) days of being provided a copy of the statement or invoice indicating the expense. The amount of support payable by Husband and the allocation of unreimbursed medical expenses and day care expenses shall be subject to modification through either party filing for child support through the Domestic Relations Section in Cumberland County. 11. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution and consummation ofthe provisions of this Post-Nuptial Agreement. 8 12. PENSION. 401K. RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. Each party acknowledges that they participate in a pension or retirement plan through their respective employment. Whether or not said party is vested in said Plan. each party waives and forever releases the other of and from any and all claims which either may have against the other's retirement plan or any other retirement plan. benefit or employee benefit or benefits, with the exception of Wife being provided coverage under Husband's medical insurance until July 1, 2002 as stated in Paragraph 10, above. Specifically, Wife releases any and all claim she has to or against Husband's retirement benefit provided by Cumberland County as well as Husband's Janus Fund IRA, account No. 202629033 and Husband releases any and all claim he has to or against Wife's PSERS retirement benefit. 13. PAYMENT OF DEBT TO WIFE. The amounts agreed to be paid by Husband to Wife as referenced in Paragraph 4, Paragraph 7 and Paragraph 8 are acknowledged by the parties to total $15,700.00. Husband agrees to pay wife the sum of $15,700.00 without interest by paying Wife equal monthly payments of $150.00 on or before the 1 st day of each month, until the total sum of $15,700.00 is paid to Wife in full. Husband can prepay all or any part ofthe balance due Wife under this Paragraph, but any partial prepayment to Wife shall not excuse Husband's obligation to continue to pay the regular monthly payments due in accordance with the terms stated above. 14. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may 9 have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distnbution ofmarital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 15. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. In consideration of Husband's conduct which gave rise to the parties' separation, Husband agrees at his expense to initiate a divorce action in the Court of Common Pleas ofCumberIand County (the "Divorce Action") within thirty (30) days ofthe date of this Agreement and promptly prosecute to conclusion the action. In the event Husband fails to initiate such action, he agrees that Wife may do so, in which event, Husband agrees to pay all filing fees and attorney's fees incurred by Wife, which fees and costs shall be payable by Husband within thirty (30) days of Husband being provided with a copy of any statement for fees or services incurred by Wife. 16. TAX IMPLICATIONS AND MATTERS. Husband and WIfe agree that Wife shall claim their two children as dependents for federal income tax purposes for 2002 and thereafter. The parties agree that Wife shall claim the mortgage interest on the marital residence for the year 2002 and thereafter. In the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. 10 The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date ofthis Agreement. 17. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of WIfe, and WIfe relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself: his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any ofthem, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 18. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 19. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instrwnents and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 20. BREACH: INDEMNIFICATION. If either party hereto breaches any provision 11 hereof, then the nonbreaching party shall have the right, at his or her election. to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 21. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 22. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage 12 and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution oftheir property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 23. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 24. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonweahh of Pennsylvania. 25. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction ofthe text of this Agreement. 13 26. EFFECTIVE DATE. This Agreement shal1 be dated and become effective on the date when executed by the latter of the two parties. IN WIlNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WIlNESSED BY: v:tartt: ~ ~..t7~ (SEAL) rv , (SEAL) c\ n 1 Tara C. Taylor Date:~ ~l JOO:l, 14 PERSONAL PROPERTY OF BRIAN K. TAYLOR 1. Pool table and accessories 2. Exercise equipment with weights 3. Black outside furniture 4. Family room bar and bar accessories, lead crystal decanter and snifters 6. Refrigerator with beer keg 7. Personal sports equipment: softball, golf: etc. 8. Grandmother's cedar chest 9. Selected tools 10. Selected TV sets, stereo equipment, etc. 11. Personal clothing and effects 12. One rocking chair 13. One coffee table 14. One couch 15. One vacuum 16. Select wall hangings 17. Select Bath towels 18. Assorted kitchen utensils 19. Stuart Taylor family memorabilia 20. Assorted videos 21. Barware 15 CUSTODY AGREEMENT TARA C. TAYLOR arid BRIAN K. TAYLOR hereby agree to the following with respect to the custody of their two (2) children: I. LEGAL CUSTODY The parties shall share legal custody of their two children: Dalton C. Taylor, born September 23, 1993 arid Madison M. Taylor, born September 5, 1997. 1. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if arIY; choice of day care provider; medical arid dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation, scholastic athletic pursuits arid other extracurricular activities shall be considered major decisions arid shall be made by the parents jointly, after discussion with the children arid consultation with each other arid with a view towards obtaining arid following a harmonious policy in the children's best interest. All decisions relating to the high schooL college arid post graduate education of the children shall be made following consultation between both parents arid each child. 2. Each party agrees to keep the other informed of the progress of the children's education arid social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent arid to take into account the concerns of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other 10 person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule. 5. Each parent shall have the duty to n~tify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consuhation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with himlher as soon as possible. Day-to-day decisions ofa routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full infonnation from any doctor, dentist, teacher, or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth 17 certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event ofan emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies ofreport cards, semester examination reports and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties acknowledge that they each expect the children to attend college and/or other post-high school training if they are good students with a high probability of gaining entrances and succeeding in college. The parents agree that they shall each be actively involved in the selection of an appropriate post-high school education for the children, taking into consideration the children's needs, desires, talents and aptitudes for post-high school education. II. PHYSICAL CUSTODY. The parents shall share physical custody of the children. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: a. Father shall have physical custody of both children every Wednesday, from 4:30 p.m. to 8:30 p.rn. b. Father shall have physical custody of both children every Friday from 4:30 p.rn. to Saturday at 12:00 p.rn. 18 Father shall be responsible for picking up and returning the children with respect to his periods of physical custody. III. SPECIAL CONDITIONS. Both parents shall provide each other with telephone numbers and locations where the children will be during overnight visits, vacations and holidays. Both parents shall permit open and unrestrained contact to each other and between them by both telephone and in person for purposes of communicating to accomplish the purposes and requirements ofthis Agreement. Both parties will be prompt for all custody exchanges and will provide the other party with at least twenty-four hour notice ifunable to keep any scheduled custodial period. IV. RELOCATION. The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances,. and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common ~as of Cumberland County shall have jurisdiction over them to fashion an appropriate custody order. Agreed to this '7 th day of OLf2J({L , 2002. ?'-j E.Y~> ~-- 'f 7 0 L-- , . SNELBAKER, BRENNEMAN 8 SPARE ^ PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 p, O. BOX 318 F^CSIMILE (717) 697-7681 R.ICH^RD C. SNELB^KER KEITH 0, BRENNEM^N PHIUP H. SP~ 717-697-8528 April 23, 2002 Brian K. Taylor 637 Hamilton Street Carlisle, P A 17013 Dear Mr. Taylor: Please note this firm's representation of Tara Taylor. In accordance with Paragraph 4 of the Post-Nuptial Agreement dated and signed by you on April 9, 2002, you are to sign a deed conveying your interest in the property at 653 Belvedere Street, Carlisle to Tara. My client advises that you have indicated to her that you refuse to sign the deed. Your refusal to meet with her before a Notary Public is also precluding her from transferring the Honda Accord to you pursuant to Paragraph 7 of the Agreement. This letter will serve as notice to you that you have twenty (20) days from the date of this letter by which to sign the deed that is in Tara's possession in front of a Notary Public and to cooperate in her efforts to transfer the title to the Honda Accord to you. If you do not sign the deed and cooperate with her in the conveyance of the Honda Accord, legal action will be taken against you to obtain an Order compelling your execution of the deed and cooperation. Since you are clearly in violation of the provisions of the April 9, 2002 Agreement, you will be responsible for paying any and all attorney's fees and costs incurred by my client in accordance with Paragraph 20 of the Agreement. Finally, I have been advised that you have been making both disparaging and untrue comments about Tara in front of your children. I can advise you without hesitation that no Judge in Cumberland County would tolerate such behavior by a parent who is to be guided by his children's best interests. I remind you of your obligations under the Custody Agreement that you signed. If you continue with disparaging and untrue comments, appropriate action will be taken. Yours truly, Keith O. Brenneman KOB/sz CC: Tara C. Taylor EXHIBIT B r t \ . , . Parcel No. 04-22-0481-055 THIS DEED MADE THE day of , 2002 by and between: BRIAN K, TAYLOR and TARA C. TAYLOR, husband and wife, of Carlisle, Pennsylvania, parties of the first part, hereinafter "Grantors" AND TARA C. TAYLOR, of Carlisle, Pennsylvania, party of the the second part, hereinafter "Grantee" WITNESSETH: THAT in consideration of the sum of One and No/lOO ($1.00) in hand paid by the Grantee to the Grantors, the receipt whereof being hereby acknowledged by the Grantors, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL THAT CERTAIN lot of ground with the improvements thereon erected located on the East side of Belvedere Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Belvedere Street, which point is in the dividing line of Lots 87 and 88 as shown on the Plan of Section "D" of the Heatherlands recorded in Cumberland County, Pennsylvania in Plan Book 15, Page 39; thence along Belvedere Street, South 04 degrees 55 minutes 50 seconds East 100.00 feet to a point; thence by the line dividing Lots 86 and 87 on said Plan, North 85 degrees 04 minutes 10 seconds East 150.00 feet to a point common to Lots 86, 87 and 109; thence by the line dividing Lots 87 and 109, North 04 degrees 55 minutes 50 seconds West 100.00 feet to a point in the dividing line of Lots 87 and 88; thence along said dividing line, South 85 degrees 04 minutes 10 seconds West 150.00 feet to the Place of BEGINNING. BEING improved with a brick ranch house known as 653 Belvedere Street, Carlisle, Pennsylvania. BEING the same premises which Robert J. Chant and Sally A. Chant, husband and wife, by their deed dated September 20,2001 and recorded September 25,2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 248, Page 2538, granted and conveyed unto Brian K. Taylor and Tara C. Taylor, Grantors herein. THIS CONVEYANCE is exempt from the imposition of realty transfer tax as being a transfer between spouses pursuant to 72 ~ 8102-C.3(6). EXHIBIT C , l l ; . ' I I . I , . AND the GrarItors covenarIt arid agree that they will warrarIt specially the premises hereby conveyed. IN WITNESS WHEREOF, the said GrarItors have hereunto set their harIds arid seals the day arid year first above written, Signed, Sealed arid Delivered in the Presence of: (SEAL) BriarI K. Taylor (SEAL) Tara C. Taylor COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) On this the day of , 2002 before me, the undersigned officer, personally appeared BRIAN K. TAYLOR arid TARA C. TAYLOR, husbarId arid wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument arid acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my harId arid official seal. Notary Public I do hereby certify that the precise residence arid complete post office address of the within named grarItee is 653 Belvedere Street, Carlisle, PennsylvarIia 17013. d~t AttorneylAgent for GrarItee tV. I. S. -2- ... I l , LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE , . . 1 I . CERTIFICATE OF SERVICE I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Brian K. Taylor 128 Virginia Avenue Carlisle, PA 17013 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, p, C. 44 W. Main Street P. 0, Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff/Petitioner Tara C. Taylor Date: May 28, 2002 Plaintiff MAY~~ 20~2 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V A .IA TARA C, TAYLOR, v. BRIANK. TAYLOR, : NO, 2002 - ,p5'So CIVIL Defendant CIVIL ACTION - LAW IN DIVORCE ORDER ANDNOW,this ?~dayof ~ , 2002 upon consideration of e Petition to Enforce Post-Nuptial Agreement submitted by Tara C, Taylor, a RULE is hereby issued upon Respondent Brian K. Taylor to show cause, if any he should have, why the relief requested in the Petition should not be granted, t ~~ J, LAW OFFICES SNELBAKER, BRENNEMAN Be SPARE ~~-ro- I~ ~/~' a.-( ~ 1<. T~ to/a/6;)... ..1.,'1' . li]i\NI\l^S~~~~jd , 'Nr ~r, 1"1'" ,"1 '~~'\Inl"'\ /\iJ . il..)..) ,_;"~ :}' ':;:Sj;li lV j I :5 hi\' S- Nfl!' 20 AtJ\!l.O\", -ijiL, :!O ::.l~;; ::O-Cj-ll:j "._._.".""'''~"j''''j",,,,,"_.,,,.._./-,,- .! SHERIFF'S RETURN - REGULAR CASE NO: 2002-02580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR TARA C VS TAYLOR BRIAN K CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon TAYLOR BRIAN K the DEFENDANT , at 1032:00 HOURS, on the 29th day of May , 2002 at ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to BRIAN K TAYLOR a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 ,r~~ R, Thomas Kline Sworn and Subscribed to before me this ~ ~ day of (l", ;2(J-O;U A. D. Q_;{j2/r,Jh. I ~ r thonotary OS/29/2002 SNELBAKER BRENNEMAN SPAR~~ By: r f;:;/!sl;';)f and correct copy of the letter transmitting the certified copy of the Order is attached hereto and incorporated by reference herein as "Exhibit C", 5. Respondent has failed and refused to respond to the Rule issued pursuant to the above- referenced Order within twenty (20) days of service thereof. 6, No attorney representing Respondent has contacted or communicated with Petitioner's attorney concerning this matter, Further, no attorney has entered his or her appearance on behalf of Petitioner in this action, WHEREFORE, Petitioner Tara C. Taylor requests this Court to issue an Order: (a) making its Rule issued June 3, 2002 absolute; (b) ordering and directing that Respondent Brian K. Taylor execute, in the presence of of a notary public, the special warranty deed attached hereto and incorporated by reference herein as "Exhibit D" within twenty (20) days of this Court's Order; (c) directing that Respondent Brian K. Taylor execute, with Petitioner, the vehicle title and all other documentation required for the transfer for the parties' Honda Accord to Respondent; (d) directing the Petitioner's counsel to submit a Petition to this Court setting forth attorney's fees and costs incurred in the enforcement of the parties' Post- Nuptial Agreement by the Petition filed by Tara C, Taylor; and ( e) providing any other and further relief which this Court, in its discretion, deems necessary and appropriate. SNELBAKER, BRENNEMAN & SPARE, P. C. Kln~ Date: July 1, 2002 BY: Keith 0, Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Petitioner Tara C, Taylor 1.Aw OFFICES SNELBAKER. BRENNEMAN & SPARE -2- LAW OFFICES SNELBAKER, BRENNEMAN Be SPARE VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Dme: July 1, 2002 Keith O. Brenneman LAw OFFICES SNELBAKER. BRENNEMAN 8: SPARE TARAC. TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. BRIAN K. TAYLOR, : NO. 2002 -~~ CIVIL Defendar!t CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of ,2002 upon consideration of the Petition to Enforce Post-Nuptial Agreement submitted by Tara C. Taylor, a RULE is hereby issued upon Respondent Brian K. Taylor to show cause, if ar!Y he should have, why the relief requested in the Petition should not be grar!ted. RULE RETURNABLE within twenty (20) days of service of this Order upon Respondent Briar! K. Taylor or ar!Y attorney who has filed his or her appearar!ce in this action on his behalf. BY THE COURT: 1. EXHIBIT A TARA C. TAYLOR, PlaintifflPetitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRIANK. TAYLOR, Defendant/Respondent NO. 2002 _ CIVIL CIVIL ACTION - LAW IN DIVORCE Plaintiff Tara C. Taylor, by her attorneys, Snelbaker, Brenneman & Sp&e,;p. C;subIIllfs ~ -, i ~- i'.) __", PETITION TO ENFORCE POST-NUPTIAL AGREEMENT P C.l ,-) o this Petition and in support thereof states the following: t::.,- t)) ..-.:- ~~ ::'-1 :.) ~ -, CD ..< 1. Plaintiff Tara C. Taylor, Petitioner herein, is an adult individual residing at 653 I. BACKGROUND. ~3>~i (; r"-J :. _, '--~l Belvedere Street, Carlisle, Pennsylvania. 2. Defendant Brian K. Taylor, Respondent herein, is an adult individual residing at 128 Virginia A venue, Carlisle, Pennsylvania. 3. Petitioner and Respondent were married on June 22, 1991and separated on February 9, 2002. 4. On April 9, 2002, Petitioner and Respondent entered into a Post-Nuptial Agreement (the "Agreement"), which Agreement resolved all property and economic issues between the parties arising out of their marriage, . A true and correct copy of the Post-Nuptial Agreement is attached hereto and incorporated by reference herein as "Exhibit A". 5. The Agreement between the parties was entered into after their separation and in anticipation of the future divorce. AW OFFICES NELBAKER. RENNEMAN 8< SPARE II. BREACH OF AGREEMENT. 6. The averments of Paragraphs I through 5, inclusive, of this Petition are incorporated by reference herein. 7. Pursuant to Paragraph 4 of the parties' Agreement, Respondent agreed, inter alia, upon his execution of the Agreement to convey to Petitioner all Respondent's right, title and interest in and to the marital residence acquired by the parties located at 653 Belvedere Street, Carlisle, by special warranty deed. 8. Pursuant to Paragraph 7 of the parties' Agreement, Respondent agreed, inter alia, that the parties shall sign the necessary documentation to transfer to Respondent a Honda Accord automobile, which automobile is titled in the names of both parties. 9. Pursuant to Paragraph 19 of the parties' Agreement, the parties agreed to: cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. (Agreement, p. II) 10. Petitioner since April 9, 2002 has made repeated efforts to have title to the real property transferred to her and title to the Honda Accord transferred to Respondent in accordance with the parties' Agreement as set forth above. II. In spite of Petitioner's repeated efforts to have the real property transferred to her and title to the Honda Accord transferred to Respondent, Respondent has failed and refused to cooperate with Petitioner or otherwise abide by his obligations under the Agreement. LAw OFFICES SNELBAKER. BRENNEMAN 8: SPARE 12. Respondent has advised Petitioner that he will not execute a deed transferring the real property to Petitioner and that he refuses to meet with Petitioner with a notary public to -2- complete transfer of the Honda Accord title to Respondent. 13. On April 23, 2002, after Petitioner was advised of Respondent's refusal to execute a deed conveying the real property to Petitioner and to meet with Petitioner with a notary public to transfer the Honda Accord title, Petitioner's counsel sent a letter to Respondent advising Respondent of his obligations under the parties' Agreement and demanding that Respondent cooperate with Petitioner, within twenty (20) days of April 23, 2002, in signing the deed to the real property and the title to the Honda Accord, A true and correct copy of the aforementioned letter dated April 23, 2002 is attached hereto and incorporated by reference herein as "Exhibit B". 13. In spite of the demands by Petitioner's counsel by letter dated April 23, 2002, Respondent continues to refuse to sign the deed to the real property and cooperate with Petitioner to convey the title to the Honda Accord, 14. For the reasons set forth above, Respondent is in breach of his obligations under Paragraphs 4, 7 and 19 of the parties' Agreement. 15. In addition to the above, Respondent has failed and refused to pay the Susquehanna Valley Federal Credit Union loan obligation as agreed to by him in Paragraph 6a. of the parties' Agreement. III. REO~EST FOR ATTORNEY'S FEES. 16. The averments of Paragraph 1 through 15, inclusive, of this Petition are incorporated by reference herein in their entirety. 17. Pursuant to Paragraph 20 of the parties' Agreement, the parties agreed, inter a1i!!, that LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE in the event either party breaches any provision of the Agreement, the defaulting party shall be -3- responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under the Agreement. 18. Petition has engaged the law firm of Snelbaker, Brenneman & Spare, P. C. to seek relief from this Court due to Respondent's breach of the parties' Agreement as set forth above. 19. Petitioner's counsel advised Respondent by letter dated April 23, 2002 that iflegal action was taken against him, he would be responsible for the attorney's fees and costs incurred by Petitioner to enforce her rights under the Agreement. (See Exhibit B hereto.) WHEREFORE, Petitioner requests this Court to: A. Order Brian K. Taylor to execute a deed in the form attached hereto as "Exhibit C", conveying his right, title and interest in and to the real property located at 653 Belvedere Street, Carlisle, to Petitioner; B. Order Brian K. Taylor to cooperate with Petitioner in the conveyance of the Honda Accord to Petitioner; C. Award Petitioner reasonable attorney's fees and costs of this proceeding; and D. Grant such other relief to Petitioner as this Court deems just and appropriate under the circumstances, SNELBAKER, BRENNEMAN & SPARE, p, C. Vfh~ LAw OFFICES SNELBAKER. BRENNEMAN Be SPARE Date: May 24, 2002 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Tara C. Taylor -4- , . LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4909 relating to unsworn falsification to authorities. ~ Inri" J C, J.~irrc Tara C. Taylo Date: 5 -;?y- O~ . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARAC, TAYLOR v. : NO. 2002-2580 CIVIL Defendant CIVIL ACTION - LAW IN DIVORCE BRIAN K. TAYLOR, ORDER AND NOW, this sv~ day of ~ ~ ,2002 upon consideration of the Motion to Make Order Absolute and the failure of Respondent to submit an answer thereto as required by this Court's Order of June 3, 2002, it is hereby ORDERED: (1) that the Rule issued by this Court under its Order of June 3, 2002 is hereby made ABSOLUTE; (2) that Respondent shall, within twenty (20) days of service of this Order, properly execute in the presence of a notary public and thereafter deliver to Plaintiff or her attorney the Deed attached to the Motion to Make Order Absolute as Exhibit D; (3) that Respondent Brian K. Taylor shall within twenty (20) service of this Order, execute the Honda Accord vehicle title in the presence of a notary public together with any other documentation necessary to transfer title to said automobile from the parties' joint names to Respondent; and (4) that if Petitioner seeks the award of counsel fees, costs and expenses as a result of the filing of her Petition that a Petition for same be submitted to this Court and served upon Respondent. J. LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE TARAC. TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 2002-2580 CIVIL Defendant CIVIL ACTION - LAW IN DIVORCE BRIAN K. T AYLOR, MOTION TO MAKE ORDER RE: PETITION TO ENFORCE POST -NUPTIAL AGREEMENT ABSOLUTE Plaintiff Tara C. Taylor, by her attorneys, Snelbaker, Brenneman & Spare, p, C. submits this Motion to make Plaintiffs Petition to Enforce Post-Nuptial Agreement Absolute and in support thereof states the following: 1. On May 28, 2002 Plaintiff Tara C. Taylor, Petitioner and movant herein, filed a Petition to Enforce Post-Nuptial Agreement (the "Petition") in the above-captioned action. A true and correct copy of the aforementioned Petition is attached hereto and incorporated by reference herein as "Exhibit A". 2, By Order dated June 3, 2002 a Rule was issued upon Respondent Brian K. Taylor, to show cause, if any he should have, why the relief requested in the Petition should not be granted. This Court's Order made the Rule returnable within twenty (20) days of service, A true and correct copy of the aforementioned Order is attached hereto and incorporated by reference herein as "Exhibit B". 3, Respondent Brian K. Taylor was served a copy of the Petition by first class mail, postage prepaid on May 28, 2002 and by personal service by the Sheriff of Cumberland County on May 29, 2002, ~w OFFICES SNELBAKER. BRENNEMAN & SPARE 4, On June 6, 2002 counsel for Petitioner by first class mail, postage prepaid served upon Respondent a certified copy of the Order made reference to in Paragraph 2, above. A true I._ .;. POST -NUPTIAL AGREEMENT TIllS AGREEMENT, made and entered into this f ~ of April, 2002 by and between: TARA C. TAYLOR of 653 Belvedere Street, Carlisle, Pennsylvania, party of the first part, (hereinafter "WIfe") AND BRIAN K. TAYLOR, of637 Hamilton Street, Carlisle, Pennsylvania, party of the second part, (hereinafter "Husband") WIlNESSETII: WHEREAS, Husband and WIfe (collectively referred to herein as the "parties") were married to each other on June 22, 1991 in Cumberland County, Pennsylvania and separated on February 9, 2002; and WHEREAS, the parties last resided with each other at 653 Belvedere Street, Carlisle, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, the parties have two children of their marriage; namely Dalton C. Taylor born September 23, 1993 and Madison M. Taylor, born September 5, 1997; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and I' 1 ~ obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and; WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property arid their jointly owned assets arid liabilities, have come to arI agreement for the :final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenarIts, promises, terms and conditions hereinafter set forth and to be kept arid performed by each party hereto, arid intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble arid paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and WIfe shall be free from constraint or control by the other as fully as ifhe or she were unmarried. Neither shall disturb, trouble nor interfere in arIY way with the other or with any person for associating with the other. 3. TANGIBLE PERSONAL PROPERTY. Husband hereby covenarIts arid agrees to set over, transfer and assign absolutely to Wife all ofhis right, title arid interest in arid to arIYarId all of the furniture, furnishings, rugs, equipment, appliances, books, dishes, decorative items, utensils, silverware and any other household goods or miscellaneous personalty of arIY nature, without limitation by specification, which are presently located at the premises known as 653 Belvedere Street, Carlisle, PennSylvania and Husband hereby releases and relinquishes all claims and demands whatsoever as to the whole or part of those items ofpersonaI property; provided, 2 J ' " . however, that the foregoing description of personal property sball not include any of the personal property listed on Exlnbit A, which Exhibit A is attached to and made a part of this Agreement, which personal property sbaI1 be and become the sole property of Husband. WIfe hereby releases and relinquishes all claims and demands whatsoever as to all or any part of the personal property identified in Exhibit A. Notwithstanding the foregoing, Husband shall remove from 653 Belvedere Street the items listed on Exlnbit A within thirty (30) days after the date of this Agreement and any items not then removed sball revert to and become the sole property of WIfe. Husband will give Wife at least seven (7) day's notice before moving the items from the premises and will arrange to remove the items at a mutually convenient time. The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MARITAL RESIDENCE AT 653 BELVEDERE STREET. CARLISLE. PENNSYLVANIA. Husband and Wife acknowledge that they have jointly acquired title to certain real property improved with a residential dwelling located at 653 Belvedere Street, Carlisle, Pennsylvania (hereinafter the "marital residence"). The parties further acknowledge that the marital residence is encumbered by a mortgage to USAA Federal Savings Bank in the principal amount of approximately $95,000.00. 3 I ' -' . Husband agrees upon his execution of this Agreement to convey to WIfe all ofhis right, title and interest in and to the marital residence by special warranty deed, free and clear of all encumbrances except the mortgage obligation identified above. WIfe agrees to pay and be solely responsible for the mortgage obligation identified above and to pay all utilities and real estate taxes associated with the marital residence. WIfe agrees to indemnify and hold Husband harmless of and from any liability relating to the above mortgage, utility expenses and real estate taxes. Wife agrees to refinance the mortgage on the marital residence in her own name so as to extinguish any liability on the part of Husband for same. WIfe further agrees to submit a completed loan application for such purpose within 120 days of the date of this Agreement. Husband agrees to execute any documentation reasonably required by Wife's lender or title insurance company to facilitate Wife's refinancing efforts. The parties acknowledge that they are obligated to WIfe's parents in the amount of $25,000 in the event the marital residence is sold, which obligation the parties acknowledge arose due to Wife's parents' financial assistance in acquiring the marital residence. Upon execution of this Agreement by the parties, Husband shall be released of and from any obligation to WIfe's parents. WIfe covenants and agrees to provide to Husband written confirmation from her parents of such release within ten (10) days of the parties' execution of this Agreement. The parties further acknowledge that they had recently refinanced the mortgage on the marital residence, thereby increasing the previous principal mortgage balance by $25,000.00 for purposes of paying offvarious debt. Husband agrees to pay wife the sum of$12,500.00, representing one-half of the mortgage debt incurred by the recent refinancing in accordance with Paragraph 13, below. 4 t ' , . 5. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been divided by mutual agreement to their satisfaction. Wile agrees that Husband shall keep and retain his account at Members 1st F.C.U.. Husband agrees that Wile shall keep and maintain her M&T Bank checking account and the Susquehanna Valley F.C.U. savings and Christmas club accounts. The parties agree to close the joint M&T Bank account No. 1275542, which was utilized for direct deposit purposes only, upon their signing of this Agreement. 6. MARlT AL DEBT AND FUTIJRE OBLIGATIONS. In addition to the Mortgage identified in Paragraph 4, above, and the debt associated with the vehicle lease referenced in Paragraph 7, below, the parties further agree as follows concerning the assumption and responsibility for payment of the following debt: a. Husband agrees to pay and be solely responsible for the Susquehanna Federal Credit Union loan No. 9605, which loan has a balance of approximately $4,667.00 and is in the name of both parties; b. Wife agrees to pay and be solely responsible for the USAA Bank Visa balance on Account No. 4121850710903513, in the approximate amount of$5,500.00 and which account is in Wile's name alone; c. Husband agrees to pay and be solely responsible for the credit card debt or loan for which debt or loan he receives periodic statements sent to his place of employment or elsewhere, which obligation is in his name alone; and d. Any other debts not specifically identified in this Paragraph or Agreement incurred prior to the date of the parties' separation shall be the responsibility of and paid by the party in whose name the debt or account is titled. The parties agree that any and all obligations incurred subsequent to February 9,2002, shall be the sole and separate liability and responsibility of the party incurring the obligation and 5 , . each PartY agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other Party and will indemnify and hold hannless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation for which such party is obligated under the terms of this Agreement. 7. AUTOMOBILES. The parties agree that they acquired during their marriage a 1990 Honda Accord, which vehicle is titled in both names. The parties are also parties to a lease respecting a 1997 Chrysler Town and Country van, which lease expires in July 2002, at which time the van will be surrendered. The parties agree that Husband shall retain sole possession and use of the Honda Accord and that within ten (10) days of the date of this Agreement, the parties shall sign the necessary documentation to transfer title to the Honda to Husband at Husband's expense. In consideration of Husband receiving the Honda Accord, he agrees to pay to WIfe the sum of$2,100.00, representing one-half of the monthly automobile lease payments made by WIfe from the time of the parties' separation in February 2002 to time of surrender of the van in July 2002 and one-half of the charge for mileage in excess of 60,000 miles in accordance with the lease agreement. Husband shall pay the sum of$2,100.00 to Wife in accordance with the provisions of Paragraph 13, below. The parties agree to sign all documents necessary to terminate the lease agreement at its .expiration. 8. JANUS MUTUAL FUND. The parties acknowledge that Husband is the custodian of a Janus Mutual Fund established for the purposes of providing funds for their son Dalton's college education. WIthin thirty (30) days of the date of this Agreement, the parties agree that WIfe shall become sole custodian of the account. Thereafter, Wife agrees to provide copies of account statements to Husband at least every six (6) months. The parties agree that the funds in 6 the account shall be used only for the college education expenses of their son, Dalton. WIfe may, in her sole discretion, pay any or all of the account funds into a Pennsylvania Tuition Account Program account for the use and benefit of Dalton. The parties agree to sign all docwnents necessary for WIfe to become sole Custodian of the account within thirty (30) days of the date of this Agreement. Husband agrees to pay to WIfe for deposit in said account the swn of$l,lOO.OO, representing the amount he withdrew from the account for his personal use, in accordance with the provisions of Paragraph 13, below. 9. CUSTODY. Matters concerning the custody of the parties' two (2) minor children are addressed in a Custody Agreement which is attached hereto and incorporated by reference herein as "Exhibit B". 10. CHILD SUPPORT. Husband agrees to pay to WIfe on account of the support of the parties'two (2) children the sum of$l,lOO.OO each month, payable semi-monthly with the first payment of$550.00 payable on or before the 1st day of each month and the second payment of $550.00 payable on or before the 15th day of each rnonth. Husband agrees to provide medical insurance coverage on the parties' children through his employer. Husband further agrees to provide medical insurance coverage on WIfe until July 1, 2002. At request of WIfe from time to time, Husband agrees to provide proofofmedical insurance coverage on the parties' children, which proof shall consist of: a) the name of the health care coverage provider(s); b) any applicable identification numbers; c) any cards evidencing coverage; d) the address to which claims should be made; e) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining 7 , ' approval; t) a copy of the benefit booklet or coverage contract; g) a description of all deductibles and co-payments; and h) copies of any claim forms. In addition to any other support obligations of the parties hereip, unreimbursed medical expenses shall be shared equally by the parties. Each party shall pay to the other party his or her share ofunreimbursed medical expense within thirty (30) days of being provided a copy of the statement or invoice indicating the expense or payment in full of same. For purposes of the provision an unreimbursed medical expense shall include, but not be limited to, co-payments made for prescription and doctor's visits. Further, in addition to any other support obligations of the parties herein, the parties, only upon their mutual agreement, will share equally all costs and expenses for enrollment in preschool, swim club, soccer and other team or other sports camps, day care expenses, team uniforms and sports equipment. Each party shall pay to the other party his or her share of the expenses for such activities and care within thirty (30) days of being provided proof of payment in full of the expense or within thirty (30) days of being provided a copy of the statement or invoice indicating the expense. The amount of support payable by Husband and the allocation ofunreimbursed medical expenses and day care expenses shall be subject to modification through either party filing for child support through the Domestic Relations Section in Cumberland County. 11. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 8 . ' .' 12~ PENSION. 401K. RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. Each party acknowledges that they participate in a pension or retirement plan through their respective employment. Whether or not said party is vested in said plan, each party waives and forever releases the other of and from any and all claims which either may have against the other's retirement plan or any other retirement plan, benefit or employee benefit or benefits, with the exception of Wife being provided coverag~ under Husband's medical insurance until July 1, 2002 as stated in Paragraph 10, above. Specifically, Wife releases any and all claim she has to or against Husband's retirement benefit provided by Cumberland County as well as Husband's Janus Fund IRA, account No. 202629033 and Husband releases any and all claim he has to or against Wife's PSERS retirement benefit. 13. PAYMENT OF DEBT TO WIFE. The amounts agreed to be paid by Husband to Wife as referenced in Paragraph 4, Paragraph 7 and Paragraph 8 are acknowledged by the parties to total $15,700.00. Husband agrees to pay wife the sum of $15,700.00 without interest by paying Wife equal monthly payments of$150.00 on or before the 1st day of each month, until the total sum of$15,700.00 is paid to Wife in full Husband can prepay all or any part of the balance due WIfe under this Paragraph, but any partial prepayment to WIfe shall not excuse Husband's obligation to continue to pay the regular monthly payments due in accordance with the terms stated above. 14. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may 9 , ' have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distnbution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 15. DIVORCE. The parties agree to tenninate their marriage by mutual consent without counseling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be :filed in the Divorce Action. In consideration of Husband's conduct which gave rise to the parties' separation, Husband agrees at his expense to initiate a divorce action in the Court of Common Pleas ofCurnberland County (the "Divorce Action") within thirty (30) days of the date of this Agreement and promptly prosecute to conclusion the action. In the event Husband fails to initiate such action, he agrees that Wife may do so, in which event, Husband agrees to pay all :filing fees and attorney's fees incurred by Wife, which fees and costs shall be payable by Husband within thirty (30) days of Husband being provided with a copy of any statement for fees or services incurred by Wife. 16. TAX IMPLICATIONS AND MATTERS. Husband and Wife agree that Wife shall claim their two children as dependents for federal income tax purposes for 2002 and thereafter. The parties agree that Wife shall claim the mortgage interest on the marital residence for the year 2002 and thereafter. In the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and :filed jointly, then in such event, the parties will contnbute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. 10 , ' , , The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period offive (5) years after the date of this Agreement. 17. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself: his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof: except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 18. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modifY the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 19. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 20. BREACH: INDEMNIFICATION. If either party hereto breaches any provision 11 , . hereot: then the nonbreaching party shall have the right, at his or her election. to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indernni1.Y and hold hannless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable 'or answerable in any way whatsoever, or shall pay upon. or in the consequence ot: the indemnitor's breach of any obligation. term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 21. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 22. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distn'bution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage 12 . , and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distnbution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distnbution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 23. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 24. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 25. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 13 . , , , . t, 26. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: ~~~ (SEAL) 4ilckc (v i ~! ( ~ J ~OO:( C'. _ nr'j, Tara C. Taylor Date:~ 14 . . , . . ' . " PERSONAL PROPERTY OF BRIAN K. TAYLOR 1. Pool table and accessories 2. Exercise equipment with weights 3. Black outside furniture 4. Family room bar and bar accessories, lead crystal decanter and snifters 6. Refrigerator with beer keg 7. Personal sports equipment: softball, goIt: etc. 8. Grandmother's cedar chest 9. Selected tools 10. Selected TV sets, stereo equipment, etc. 11. Personal clothing and effects 12. One rocking chair 13. One coffee table 14. One couch 15. One vacuum 16. Select wall hangings 17. Select Bath towels 18. Assorted kitchen utensils 19. Stuart Taylor family memorabilia 20. Assorted videos 21. Barware 15 .. , " , " , . I i \ J . " I CUSTODY AGREEMENT TARA C. TAYLOR and BRIAN K. TAYLOR hereby agree to the following with respect to the custody of their two (2) children: I. LEGAL CUSTODY The parties shall share legal custody of their two children: Dalton C. Taylor, born September 23, 1993 and Madison M. Taylor, born September 5, 1997. 1. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation, scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and sruill be made by the parents jointly, after discussion with the children and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. All decisions relating to the high school, college and post graduate education of the children shall be made following consultation between both parents and each child. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other It> . " , ., " . . ' 1 ' , ,. , person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule. 5. Each parent shall have the duty to n~tify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with himlher as soon as possible. Day-to-day decisions ofa routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full infonnation from any doctor, dentist, teacher, or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth 17 . " 1 . I ,. . . . ' , '. , I I I certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards, semester examination reports and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties acknowledge that they each expect the children to attend college and/or other post-high school training if they are good students with a high probability of gaining entrances and succeeding in college. The parents agree that they shall each be actively involved in the selection of an appropriate post-high school education for the children, taking into consideration the children's needs, desires, talents and aptitudes for post-high school education. II. PHYSICAL CUSTODY. The parents shall share physical custody of the children. Mother shall have primary physical custody. Father shall have partial custody as periodically detennined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: a. Father shall have physical custody of both children every Wednesday, from 4:30 p.rn. to 8:30 p.rn. b. Father shall have physical custody of both children every Friday from 4:30 p.rn. to Saturday at 12:00 p.rn. 18 . , t . , ( . " I I. I Father shall be responsible for picking up and returning the children with respect to his periods ofphysicaI custody. III. SPECIAL CONDITIONS. Both parents shall provide each other with telephone numbers and locations where the children will be during overnight visits, vacations and holidays. Both parents shall permit open and unrestrained contact to each other and between them by both telephone and in person for purposes of communicating to accomplish the purposes and requirements of this Agreement. Both parties will be prompt for ail custody exchanges and will provide the other party with at least twenty-four hour notice if unable to keep any scheduled custodial period. IV. RELOCATION. The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common P~as of Cumberland County shall have jurisdiction over them to fashion an appropriate custody order. '7 JJr'\ /J' Agreed to this \ day of cfLflJi~ , 2002. :J 0;1 ~j~ t:"F!f~ :Gr-' / i{ 7 0 L-- , , . ( \ I I l It . I I SNELBAKER. BRENNEMAN 8 SPARE A PIlOnsslONAL C01U>ORAnON A1TORNEYS AT LAW 44 WEST MAIN ST1UET" MECHANICSBURG, PENNSYLVANIA 17055 JUCHARD C. SNELI\AKER. KErTH O. BRENNEMAN PHIUP H. SPARE 717-697-8528 p, 0, BOX 318 FACSIMlU 0(7) 697-7681 April 23, 2002 Brian K. Taylor 637 Hamilton Street Carlisle, P A 17013 Dear Mr. Taylor: Please note this firm's representation of Tara Taylor. In accordance with Paragraph 4 of the Post-Nuptial Agreement dated and signed by you on April 9, 2002, you are to sign a deed conveying your interest in the property at 653 Belvedere Street, Carlisle to Tara. My client advises that you have indicated to her that you refuse to sign the deed. Your refusal to meet with her before a Notary Public is also precluding her from transferring the HondaAccord to you pursuant to Paragraph 7 of the Agreement. This letter will serve as notice to you that you have twenty (20) days from the date of this letter by which to sign the deed that is in Tara's possession in front of a Notary Public and to cooperate in her efforts to transfer the title to the Honda Accord to you. If you do not sign the deed and cooperate with her in the conveyance of the Honda Accord, legal action will be taken against you to obtain an Order compelling your execution of the deed and cooperation. Since you are clearly in violation of the provisions of the April 9, 2002 Agreement, you will be responsible for paying any and all attorney's fees and costs incurred by my client in accordance with Paragraph 20 of the Agreement. Finally, I have been advised that you have been making both disparaging and untrue comments about Tara in front of your children. I can advise you without hesitation that no Judge in Cumberland County would tolerate such. behavior by a parent who is to be guided by his children's best interests. I remind you of your obligations under the Custody Agreement that you signed. If you continue with disparaging and untrue comments, appropriate action will be taken. Yours truly, Keith O. Brenneman KOB/sz CC: Tara C. Taylor , , I r \ , . . . . ., , Parcel No. 04-22-0481-055 THIS DEED MADE THE day of , 2002 by and between: BRIAN K. TAYLOR and TARA C. TAYLOR, husband and wife, of Carlisle, Penrisylvania, parties of the first part, hereinafter "Grantors" AND TARA C. TAYLOR, of Carlisle, Penrisylvania, party of the the second part, hereinafter "Grantee" WIlNESSETH: THAT in consideration of the sum of One and Noll 00 ($1.00) in hand paid by the Grantee to the Grantors, the receipt whereof being hereby acknowledged by the Grantors, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL THAT CERTAIN lot of ground with the improvements thereon erected located on the East side of Belvedere Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Belvedere Street, which point is in the dividing line of Lots 87 and 88 as shown on the Plan of Section "D" of the Heatherlands recorded in Cumberland County, Penrisylvania in Plan Book 15, Page 39; thence along Belvedere Street, South 04 degrees 55 minutes 50 seconds East 100.00 feet to a point; thence by the line dividing Lots 86 and 87 on said Plan, North 85 degrees 04 minutes 10 seconds East 150.00 feet to a point common to Lots 86, 87 and 109; thence by the line dividing Lots 87 and 109, North 04 degrees 55 minutes 50 seconds West 100.00 feet to a point in the dividing line of Lots 87 and 88; thence along said dividing line, South 85 degrees 04 minutes 10 seconds West 150.00 feet to the Place of BEGINNING. BEING improved with a brick ranch house known as 653 Belvedere Street, Carlisle, Pennsylvania. BEING the same premises which Robert J. Chant and Sally A. Chant, husband and wife, by their deed dated September 20,2001 and recorded September 25,2001 in the Office of the Recorder of Deeds in and for Cumberland County, Penrisylvania in Deed Book 248, Page 2538, granted and conveyed unto Brian K. Taylor and Tara C. Taylor, Grantors herein. THIS CONVEYANCE is exempt from the imposition of realty transfer tax as being a transfer between spouses pursuant to 72 g 81 02-C.3(6). ~~ \ , . , r I .1 .. - I .. .. " . AND the Grantors covenant and agree that they will Warrant specially the premises hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of: (SEAL) Brian K. Taylor Tara C. Taylor (SEAL) COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) On this the day of , 2002 before me, the undersigned officer, personally appeared BRIAN K. TAYLOR and TARA C. TAYLOR, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the pUrposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public I do hereby certify that the precise residence and complete post office address of the within named grantee is 653 Belvedere Street, Carlisle, Pennsylvania 17013. dku1 Attorney/Agent for Grantee N.r.s. -2- " . , . " . I , .. ,., 10'. " . f I I CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Brian K. Taylor 128 Virginia Avenue Carlisle, PA 17013 Date: May 28, 2002 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff/Petitioner . Tara C. Taylor LAw OFFICE'S SNELBAKER. BRENNEMAN 8< SPARE LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MAY ;3Jo 200 " ( , ~ " " I TARAC. TAYLOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002 - 2 {;f;o CIVIL BRIAN K. TAYLOR, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 3.MJ- day of ~ ' 2002 upon consideration of the Petition to Enforce Post-Nuptial Agreement submitted by Tara C. Taylor, a RULE is hereby issued upon Respondent Brian K. Taylor to show cause, if any he should have, why the relief requested in the Petition should not be granted. ~~~ RULE RETURNABLE within twenty (20) days of service.oftl.:. 'I ~ 1 .".I7dAt Ar~~:::;~~~~e~~f~~LaJ{ BY THE COURT: 'f '" ~ 1st ~ "lS, ~.aa- 1. ." TRUE COpy FROM RECORD In Testimony whereof, I bere.unto sat my hand and the sea I of said Court at Carlisle, Pa. This "0;.2. ~.... day oL...~., : til.t;"p:J- J D. ~ ,,,,,J""" ~...~...~...g...................._.._.... IJf1it Prothonotary EXHIBIT B . . ' '" I l I .. I I ~ SNELBAKER, BRENNEMAN 8 SPARE ^ PROFESSION~ CORPORATION ATTORNEYS AT LAW 44 wesT MAIN ST'll.EET MECHANICSBURC, PENNSYLVANIA 17055 RIC~ C. SNELBAKER. KEITH 0, BRENNEMAN PHlUP H, SPARE 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 June 6, 2002 Brian K. Taylor 128 Virginia Avenue Carlisle, P A 17013 Re: Taylor v. Taylor Dear Mr, Taylor: Enclosed please find a certified copy of an Order by Judge Bayley issuing a Rule upon you to show cause why the relief requested in the Petition to Enforce Post-Nuptial Agreement should not be granted. Please be guided accordingly. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Tara C. Taylor EXHIBIT C . ,I , " I I . ... . I 1 Parcel No. 04-22-0481-055 THIS DEED MADE THE day of , 2002 by and between: BRIAN K. TAYLOR and TARA C. TAYLOR, husband and wife, of Carlisle, Pennsylvania, parties of the first part, hereinafter "Grantors" AND TARA C. TAYLOR, of Carlisle, Pennsylvania, party of the the second part, hereinafter "Grantee" WIlNESSETH: THAT in consideration of the sum of One and No/100 ($1.00) in hand paid by the Grantee to the Grantors, the receipt whereof being hereby acknowledged by the Grantors, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL THAT CERTAIN lot of ground with the improvements thereon erected located on the East side of Belvedere Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Belvedere Street, which point is in the dividing line of Lots 87 and 88 as shown on the Plan of Section "D" of the Heatherlands recorded in Cumberland County, Pennsylvania in Plan Book 15, Page 39; thence along Belvedere Street, South 04 degrees 55 minutes 50 seconds East 100.00 feet to a point; thence by the line dividing Lots 86 and 87 on said Plan, North 85 degrees 04 minutes 10 seconds East 150.00 feet to a point common to Lots 86, 87 and 109; thence by the line dividing Lots 87 and 109, North 04 degrees 55 minutes 50 seconds West 100.00 feet to a point in the dividing line of Lots 87 and 88; thence along said dividing line, South 85 degrees 04 minutes 10 seconds West 150.00 feet to the Place of BEGINNING. BEING improved with a brick ranch house known as 653 Belvedere Street, Carlisle, Pennsylvania. BEING the same premises which Robert J. Chant and Sally A. Chant, husband and wife, by their deed dated September 20,2001 and recorded September 25,2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 248, Page 2538, granted and conveyed unto Brian K. Taylor and Tara C. Taylor, Grantors herein. THIS CONVEYANCE is exempt from the imposition of realty transfer tax as being a transfer between spouses pursuant to 72 S 81 02-C.3(6). EXHIBIT D Jo. ,. J to ( I . .. .. 1 AND the Grantors covenant and agree that they will Warrant specially the premises hereby conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of: Brian K. Taylor (SEAL) (SEAL) Tara C. Taylor COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) On this the day of , 2002 before me, the undersigned officer, personally appeared BRIAN K. TAYLOR and TARA C. TAYLOR, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public I do hereby certify that the precise residence and complete post office address of the within named grantee is 653 Belvedere Street, Carlisle, Pennsylvania 17013. dkut Attorne~AgentfurGnmree ,4/./.$. -2- LAW OFFICES SNELBAKER, BRENNEMAN Be SPARE . . , 1. ' I . .. ... t CERTIFICATE OF SERVICE I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Brian K. Taylor 128 Virginia Avenue Carlisle, P A 17013 Date: July 1, 2002 _0ltt~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. 0, Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Tara C. Taylor . . en u-: f..~ ?: 2: :J...... ,-..,= .,..'_7 '~-)~ -:::1 ;:J ~=':: f.i3 ~}Z ,,--? ,tjw ;:Llf..\... ~ -) o 1::1.- ::;J -) ("'-.I .~ r ~i If::- iE' "- 'P ~ ,~ lJ,J ::J 1" Jb , ViNWIlASNN3d I I ~,In""""" n,~" 1',J1LI:JC-~!,Nn:i 1\..L1'll i{_J,_) '.__';' :',,' ;',,, 'I .v 9'" '6 '1.','." ~ -"')" 7n (" t. hi' r', - ii I t~.\J JJ:f\iiCf";,J: LAW OFFICES SNELBAKER BRENNEMAN 8: SPARE TARA C. TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. BRIAN K. T AYLOR, Defendant NO: 2002-2580 CIVIL TERM CIVIL ACTION - LA W IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 330l(C) OF THE DIVORCE CODE 1. A complaint in divorce under Secrion3301(c) of the Divorce Code was tIled on May 28, 2002, 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) 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. 4. 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, 9 4904, relating to unsworn falsification to authorities. '0 ' ;'( (I. t~- ,\.I - ~~L~>= Tara C. Taylor, Plaihtiff Date: III,Yf:11?!;w,- '21,. Ut1 f " '~:.. ,.', ...J1,. "- - LAW OFFICES SNEU3AKER. BRENNEMAN 8: SPARE TARA C, TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. BRIANK. TAYLOR, Defendant NO: 2002-2580 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3JOl(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3, I tmderstand 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. 4, 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. 9 4904 relating to unsworn falsification to authorities. Date: .AbV!1HJti.<.. 2/, 2"" 'I : ) I ~. , . ,I '\ .~~~~ C. Taylor, PI~~;:ff ~- 'i'-,) ~ i i ;<s :J1 ,,0 ',-;' ......,: LAW OFFICES SNEL8AKER. BRENNEMAN 8: SPARE II TARA C. TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. BRIAN K. TAYLOR, Defendant NO: 2002-2580 CIVIL TERM CIVIL ACTION - LA W IN DIVORCE DEFENDANT'S AFFlDA VIT OF CONSENT UNDER SECTION 330l(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 28, 2002, 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) 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 ofthe decree. 4. 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, S 4904, relating to unsworn falsification to authorities. c \ /. . \ L. .'~' -, ...--' Brian k. TaJor, Defendant Date: \ i - L \ - u~ -'-1 ~ '., I LAW OFFICES SN EL8AKER. BRENNEMAN 8:- SPARE II , TARA C. T AYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs, BRIAN K. TAYLOR, Defendant NO: 2002-2580 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, 4. 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. Il 4904 relating to unsworn falsification to authorities, Date: 11- 2.\ -0'~ I 1- ", ".1---' ~rian ~. ~lYlor, Defendant '- f''': ,,~ ,-~: ,/'") ~-'l:', ....J .:)'1 ~9 ...--------- - LAW OFFICES SNELBAKER. BRENNEMAN & SPARE TARAC, TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO: 2002-2580 CIVIL BRIAN K, T AYLOR, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: I, Ground for divorce: irretrievable breakdown under Section 330] (c) of the Divorce Code. 2, Date and manner of service of Complaint: May 29, 2002 by personal service by Sheriff of Cumberland County. 3, Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: November 21, 2004; by the Defendant: November 21, 2004. 4, Date of execution of waiver of Notice in Section 330] (c) Divorce: by the Plaintiff: November 21, 2004; by the Defendant: November 21, 2004, 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P C. By I~~ Keith O. Brenneman Date: November 24, 2004 ---- :<"\ - +"':+::+':+: :+. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :t+.;+:;+: 'I';+: '+';+: . . .. . . .. '1':+:+.;+:;1;;+:;1;'1' . :+::Ii:+:'l'!f.:t: .. .. .. . ... .. . .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA, TARA C. TAYLOR Plaintiff, NO. 2002-2580 VERSUS BRIAN K. TAYLOR, Defendant DECREE IN DIVORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;1;+++'+'+:+:+++ AND NOW, .1 ~. .' ...... I .....,. 'tJU"~ , IT IS ORDERED AND JO 2004 DECREED THAT Tara C. Taylor . PLAI NTI f'F, AND Brian K. Taylor . DEFEND/INT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The parties' Post-Nuptial Agreement dated April 9, 2002 18 incorporated but not merged into this Decree. .// " By THE COURT: ./ / /" / y'" v'/v1 ,/ - i ,I J. , >-. \." v:;:/ - ATTEST: ) "-- PROTHONOTARY . .. . . ... .. +:t:;I;:t::+::t:'+' . .. . .. . . . . . '+' '+' '+' +:+: '+':+: + . ++4;+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ ? ~/ ~/t,~v ~- e/ '-7.,<-~~-:;z.~w ~l /~,;7 )i(? [.~. " , ....' ..., 'It .'. .1, .J .