Loading...
HomeMy WebLinkAbout06-6633KRISTIN N. DYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY~,jPENN/SAY-L]V--ANIA t JOHN C. DYER, :CIVIL ACTION- AT LAW- IN DIVORCE Defendant . NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32-SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 KRISTIN N. DYER, : 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. v G• G~ 3 3 JOHN C. DYER, :CIVIL ACTION- AT LAW-1N DIVORCE Defendant COMPLAINT IN DIVORCE The Plaintiff, Kristin N. Dyer, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: COUNT I-NO FAULT DIVORCE--§§ 3301(c) or 3301(d) 1. The Plaintiff. Kristin N. Dyer, is an adult individual currently residing at 2425 Lobach Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, John C. Dyer, is an adult individual currently residing at 412 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. The parties were married on June 11, 1994, in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a decree of Divorce in this matter. ., COUNT II-EQUITABLE DISTRIBUTION--§ 3502(a) 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the court's deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. COUNT III-CUSTODY 11. Paragraphs one (1) through (10) are incorporated herein by reference. 12. There is one dependent child to this marriage: Logan T. Dyer, D.O.B. 03/29/2000. 13. Plaintiff seeks custody of the following child: Name: Present Address: Aae: Logan T. Dyer 2425 Lobach Drive 6 years Mechanicsburg, PA 17055 14. The child was not born out of wedlock. 15. The minor child is presently in the custody of the Plaintiff/Mother, who resides at 2425 Lobach Drive, Mechanicsburg, Cumberland County, Pennsylvania. i ~ .. ~ 16. During the past five years, the child has resided with the following persons and at the following addresses: Persons: Addresses: Dates: Kristin N. Dyer, mother 2425 Lobach Drive 2002 to Current and John C. Dyer, father Mechanicsburg, PA 17055 17. Defendant/Father is married to the Plaintiff/Mother, Kristin N. Dyer. 18. Plaintiff/Mother is married to the Defendant/Father, John C. Dyer. 19. The relationship of the Plaintiff to the child is that of natural mother. She currently resides at 2425 Lobach Drive, Mechanicsburg, Cumberland County, Pennsylvania with subject child. 20. The relationship of the Defendant to the children is that of natural father. He currently resides at 412 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 21. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) The Plaintiff is desirous of continuing the close, loving relationship she has with the child; (b) The Plaintiff is economically able to care for the child. WHEREFORE, Plaintiff respectfully requests this honorable Court enter an Order granting her custody/visitation of the child. Date: ~ ~ ~ f L ' ~ ~~ ~ Marli~ arkley, Esquire Law O ices of Patrick F. Lauer, Jr., LLC 2108 arket Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 84745 Tel. (717) 763-1800 ~ - • . 1 ~ KRISTIN N. DYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. JOHN C. DYER, :CIVIL ACTION- AT LAW- IN DIVORCE Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1$ Fa. C.S. § 4904, relating to unsworn falsification to authorities. C.__.- , Date: Signature: 's 'n N. Dye 'V '` ~' a #k (n~ ~ ~ ~- ,V _ '- --~ _ 1 ~ ~' ~ ~ G-~ ~ ~~e 1V C ~ 0 ~ ~' 'a ~ C .w~ ' i `_``` U ~ ~ . _ ~: KRISTIN N. DYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 6633 CIVIL TERM JOHN C. DYER, :CIVIL ACTION - AT LAW - IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSF,NT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 16, 2006. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Date: ~ 5 _.~. - . +r __ __ _~ -- ~ ~ _ ~ --_.~ _.r~ ~ ,» g':H ---i . _ _ 3~ _-_ ~~ _ 1L.... _ ~l - ~..s~. r ' ~ 7 v Y ...+r ...... 4 ,+J ~~ KRISTIN N. DYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 6633 CIVIL TERM JOHN C. DYER, CNIL ACTION - AT LAW - IN DIVORCE Defendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 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. § 4904 relating to ', unsworn falsification to authorities. Date: Signature: C7 ~ %7 "~ ~_ ~ ~~ ~ _.- r~ : r :;% n„„. _ ---y~ '' c,w ; ~- ~, ~,- ~, y _ f_ ' - ~ ` r ,~ .. ~ --5~, { KRISTIN N. DYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.06-6633 Civil Term JOHN C. DYER, :CIVIL ACTION- AT LAW- IN DIVORCE Defendant STIPULATION WHEREAS, the subject. of this stipl~latien for custody is .the Plair..tif~s end Iaefendanz's, ii child, Logan T. Dyer, born March 29, 2000; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and WHEREAS, it is in the best interest of the child that this Court decide the matter because the child and both parties reside in Cumberland County, Pennsylvania, it is the desire of both parents and all parties involved that the child continue to live with his Mother and Father in Cumberland County, thus giving this Court jurisdiction; r ~ ~ I THEREFORE, this / << ~ day of r~ 3~ , 2007, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties will share joint legal custody of Logan T. Dyer, born March 29, 2000. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each parry agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or 1 circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. The parties will share physical custody of the child, with the periods of physical custody alternating between the parents and running from Sunday at 3:00 p.m. until the following Sunday at 3:00 p.m.. 3. Father shall have physical custody of the child during odd numbered years and Mother shall have physical custody of the child during even numbered years for the following holidays: New Years (from 3 :00 p.m. on December 31 until 3:00 p.m. January 1), Memorial Day (from 3:00 p.m. the day before until 3:00 on Memorial Day), Labor Day (from 3:00 p.m. the day before until 3:00 p.m. on Labor Day), and Christmas segment A (from 3:00 P.M. on December 24 until noon on December 25). 4. Father shall have physical custody of the child during even numbered years and Mother shall have physical custody of the child during odd numbered years for the following holidays: Easter (from 3:00 p.m. the days before until 3:00 p.m. on Easter Day), 4`h of July (from 3:00 p.m. the day before the holiday is celebrated until 3:00 p.m. the day the holiday is celebrated), Thanksgiving (10:00 a.m. on Thanksgiving day until 8:00 p.m. Thanksgiving Day), Christmas segment B (from noon on December 25 unti18:00 p.m: on December 25). ti 5. The holiday schedule shall take precedence over the regular custody schedule. 6. It is the responsibility of the party that is to begin physical custody to pick the child up at the residence of the other party. If the party picking up the child is going to be fifteen (15) minutes or more late for the scheduled pick up time they are to contact the other party to let them know in advance. 7. Each parent shall be entitled to reasonable telephone contact with child when he is in the custody of the other parent. 8. Neither parent shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60} day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 9. Both parents shall refrain from making derogatory comments about the other parent in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 10. Mother shall receive the benefit of the child for filing income taxes. 11. This stipulation may only be altered by the mutual consent of Mother and Father. 12. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. ~~~ i ~~ ~.~: Kri in N. Dye ," i KRISTIN N. DYER, Plaintiff vs. JOHN C. DYER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 6633 CIVIL TERM CIVIL ACTION - AT LAW - IN DIVORCE I, Marlin L. Markley, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7005-0390-0006- 3485-6428, return receipt, restricted delivery, pursuant to the requirements of Pa. R.C.P. 1930.4. ^ Complete items 1, 2, end 3. Also complete Nam 4 B Resdlcbed Delhrery is desired. ^ Prkrt your ranee end address on the reverse s~oyt~h~at we can retu~rnyth~e cyar~d tµo.~you. ^ Attach this Card t0 tfle beds ~ the mailpiece, or an the front if space pemnits. 1. Mtlcle AddRes~eed Lo: C~ ,~",.y-~- yi~ . m ,6~, 1~- i~©ss X ~~;~'~- v ,a~rn ~tl'd:-.~ ~ ail} D. b delivery address dHrerent ~ ~1 Yes ' T M YE3, errter delivery address ~ v . ~ No D Mail RegleEered ~ ~ for Mercharxlee D Irroured MeN C.O.D. 4. ~ ~ ~) Yes z ~~~ 7005 0390 0006 3485 6428 (lranrir seer aerMoa ~D PS Form 3811, February 2004 Dome.e4c Fiehrn ,oeses-0rz~,aao Respectfully submitted, ~ ~9 1 von Date: Marlin L. arkley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp. Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 n r° o - '~~' ~~ uy~ ~ ' ~~ d ca ~ ~ yyy ^^^~~ l ' i C C ~' r C ~ L ~~ KRISTIN N. DYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 6633 CNIL TERM JOHN C. DYERy :CNIL ACTION - AT LAW - IN DNORCE Defendant PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court ~ and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. § 4904 relating to unsworn falsification to authorities. Date: Signature: KRISTIN DYE ° ~ ~ ~. ~ '-p~ ~ ~ ~fi ~ ~~- -~ ~ ti -, , t' =n ~~ t y °- ~. ~;' ; ~:~ KRISTIN N. DYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 6633 CIVIL TERM JOHN C. DYER, :CIVIL ACTION - AT LAW - IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 16, 2006. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal 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. § 4904 relating to unsworn falsification to authorities. Date: D ~ Signature: Z- KRIST . D R Q ~ ~ Z't'r xm 2"i -f""#' f s . ~ f77 ~I r ~_ ~;~~ Q _ W "~ '~' ~_:C. , Z C ~~ -~=~ , 1 PROPERTY SETTLEMENT AGREEMENT MARITAL REAL PROPERTY (LAND & HOUSE) During the marriage, the Wife (Kristin Dyer) and Husband (John Dyer) acquired marital real property located at 2425 Lobach Drive, in the City of Mechanicsburg, county of Cumberland,. and state of Pennsylvania. The real property described will be titled to the Husband (John Dyer), subject to any liens, and the Wife (Kristin Dyer) will convey her interest in the property to the Husband (John Dyer) when he pays her Sixty-Seven Thousand Dollars ($67,000.00) for his equity in the property. There will be two (2) checks that will be written to the Wife (Kristin Dyer) for this equity in the property. The first (ls`) check will be a bank cashiers check in the amount of Twenty-Two Thousand Dollars ($22,000.00), which will be given to (Kristin Dyer) on November 3, 2006. The second (2"d) check for Forty-Five Thousand Dollars ($45,000.00), will be handed to Kristin Dyer on November 3, 2006 after the property settlement agreement is signed by both parties and notarized. Complete payment will be made by Husband (John Dyer) to Wife (Kristin Dyer) to equalize the marital estate in the amount of $67,000.00 on November 3, 2006. There are two (2) options for the second (2"d) check to be acquired by the Wife (Kristin Dyer). Option one it can be directly deposited into an account that Kristin Dyer specifies on that day, or option two she can accept the check in person back at Cody Financial Mortgage Services, Inc. located at 101 Front Street, Boiling Springs, Pennsylvania 17007. Phone (717 249 8946) Fax 717 249 3279. Kristin Dyer and John Dyer have agreed that Kristin Dyer may reside at the property listed above (2425 Lobach Drive, Mechanicsburg, Pennsylvania 17055), until Kristin Dyer is able to relocate to another residence, up to but no later than Saturday December 16`h, 2006. Kristin Dyer will be responsible for all bills associated with the property for the extent of time that she resides at the property stated above. Kristin Dyer will also be responsible for the rent during this time at 2425 Lobach Drive, Mechanicsburg, Pennsylvania 17055. She will pay John Dyer the amount of Thirteen Hundred and Fifty-Two Dollars and Twenty- Six cents ($1352.26) by the (3ra) of the month starting in November. PROPERTY SETTLEMENT AGREEMENT MARITAL REAL PROPERTY (LARGER ITEMS) JOHN SHED LAWN BOY MOWER LANDSCAPING TRIMMERS UPRIGHT FREEZER SNOWBLOWER WOODEN SWING SET WASHER & DRYER ANTIQUE CHEST METAL STORAGE SHELVES (basement & garage) minus 1 or 2 BASKETBALL SET KEYLESS ENTRY AIR HOCKEY TABLE (old) KITCHEN TABLE & CHAIRS WIDE SCREEN TV & STAND DINING RM SET WINDOW TREATMENTS (most) DODGE DURANGO ALL WILDLIFE ARTWORK LIVING ROOM SOFA, CHAIR LOVESEAT & TABLES PATIO FURNITURE TV FROM BASEMENT LOGAN'S TV STAND DEHUMIDIFIER HUNTING EQUIP (GUNS, CALLERS, MOUNTS) UNDER THE CABINET RADIO/CD 6 DISC DVD PLAYER PLAYSTATION 2 & GAMES DIGITAL CAMCORDER TRAY TABLES BASEMENT CHAIRS (2) LEATHER FURNITURE (basement) WALL TELEPHONE CHRISTMAS TREE & STAND NEW GAS GRILL JOHN'S BED & MATTRESS LOGAN'S NEW BED & MATTRESS SFT STEP LADDER KRISTIN FAMILY RM SOFA, CHAIR, TABLES, OTTOMAN DELL COMPUTER, PRINTER & DESK DINING ROOM (PICTURES, ROCKING HORSE & BASKET STAND) MASTER BEDROOM SET INCLUDING PICTURES, DRESSERS & NIGHTSTAND CEDAR CHEST LONGENBERGER BASKETS & STANDS (except the few that are john's) LOGAN'S BED & DRESSER & SHELF METAL STORAGE SHELVES NEW KITCHEN TABLE & CHAIRS REFRIGERATOR DYSON VACUUM DVDNCR COMBO VCR IN MASTER BEDROOM WINDOW TREATMENTS (some) GMC JIMMY DOLL HOUSE LOGAN' S TV ENTERTAINMENT STAND BLUE SOFA, SHELF & DESK IN BASEMENT ROCKING CHAIR & STOOL CURIO CABINET PRECIOUS MOMENT PIECES STEREO DIGITAL CAMERA TRAVEL DVD PLAYER PHONE/ANSWER MACHINE ROD IRONWOOD STAND (FOYER) SHELVES (FAMILY ROOM, LIVING ROOM, HALLWAY) FLOOR LAMP CABINETS IN BASEMENT (2) IRONING BOARD & IRON HOLIDAY DECORATIONS SMALL STEP LADDER KRISTIN'S JEWELRY CHINAWARE *THIS LIST IS SUBJECT TO CHANGE WITH BOTH PARTIES FULL AGREEMENT TO ALL CHANGES. CERTAIN ITEMS MAY NOT HAVE BEEN INCLUDED ON THIS LIST, AND WILL BE SPILT BTWEEN US EQUALLY (EXAMPLE: COOKWARE, KITCHEN ITEMS, LINENS, MUSIC, DVD'S, LOGAN'S TOYS) TOOLS WILL BE SPLIT (TO A DEGREE) SO THAT THE BASICS WILL BE MADE AVAILABLE TO KRISTIN. 2 RETIRMENT SAVINGS (401 K/ RETIREMENT/PENSION) Both parties (Kristin Dyer & John Dyer) agree not to deplete funds from each others retirement/pensionplans. Both parties also agree over the course of their lives never to breach this agreement between Kristin and John with regards to each other's retirement plans, 401K, pensions plans. Both Kristin & John agree that the monetary amount in the other party's retirement/pensionpians will remain secure and unavailable to the other party under any circumstances. ESCROW MONEY FROM THE JOINT OWNERSHIP OF THE RESIDENCE Both parties agree to equally split the escrow funds from the joint ownership of the residence at 2425 Lobach Drive, Mechanicsburg, PA 17055 when they are distributed from Mid West Loan Services after the loan is paid in full with the new mortgage. EQUITY OF NEW RESIDENCES FOR BOTH PARTIES Both parties (Kristin Dyer and John Dyer) agree that the equity of their own new residences where they will reside individual from one another is entitled to the owner, listed on the deed of that residence. The listed parties are still legally married at this time (November 3, 2006), but agree that any equity in their own residence is solely entitled to only the individual listed on the deed of that property. BANK ACCOUNTS Both parties have their own personal bank accounts (savings and checking) and (Kristin Dyer & John Dyer) have agreed not to touch the funds in each others accounts. The joint savings account which was held between Kristin & John was split equally when the couple separated in May 2006. Both parties agreed on the equal separation of these funds. DIVISION OF DEBTS The parties have no community debts. The only outstanding debt is the 2004 Dodge Durango. This debt is the sole responsibility of John Dyer and will be paid in full on or before November 8`", 2006 to PNC Bank, by John Dyer. The following separate debts are confirmed: Wife: `--. _ _ ~.. Husband: The parties have been separated since May O1, 2006. Each party will pay any debt incurred by that party since the date of separation, and will hold the other party harmless from any obligation concerning those debts. 4 PROPERTY SETTLEMENT AGREEMENT MARITAL REAL PROPERTY (LAND & HOUSE) Appraised value of the property $281,000.00 Agreed value of the property $285,000.00 (Kristin Dyer & John Dyer) Payoff of the existing mortgage $151,011.66 Equity of the property $133,988.34 Equal Equity of the property $66,994.17 Agreed payout of the equity $67,000.00 John Dyer to Kristin Dyer Checks for the property 1) Cashiers Check $22,000.00 2) Additional payment from the mortgage $45,000.00 company to Kristin Dyer Total payout $67,000.00 Signature of Husband (John Dyer) DATE ~._. __ Signature of Wife (Kristin Dyer) ~;~~..~ t ,~,._~ ` °"' ~ .~ DATE (! $ 3 ` c! /\r~ ~r~ Muhl t c ::~~~~~~~~~E:kv i Yy s:?F PENNSYLVANIA Nn?'ARIAL SEAL i .1EANETTE L. PE~NINGTON, Notary Public South Middleton Tvru., Cumberland County em er , ~ ~ - ~, n ~~ ...~ - ~ ~1 7~ ~ :. ~ ~ t.~ts,~ r -~`t ..~ <~ ~~~ f~ ~ ,..1T. .:'_' 1..~-'. ~' ~ .ter ~" ~. C w ~' .-~. {"+~ KRISTIN N. DYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 6633 CNIL TERM JOHN C. DYER, :CNIL. ACTION - AT LAW - IN DNORCE Defendant To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under § 3301(c} ~=~Effi{~)(~-j of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7005-0390-0006-3485-6428, delivered on November 18, 2006. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff Az ril 1~, 207 ; by the Defendant March 5r~~n7 . (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiff s affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending:. Please jncmm~rrate, ~~thrnrt merging, the attached Arnr,arl-c, Cn4+lnmant AcrrPamant nftha r~artiac intn the ~jVnPC n .(`TP.P . (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, - (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: filPr~ cimnltanPrnlcly w/PraP .111 ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 1 ~, ?x(17 Respect submitted, Marlin .Markley, Esquire Law O ices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ~' ~ ~' U ~ ID# 84745 Tel. (717) 763-1800 t'~ ' G ~. -- ~ rte' '~• `; `, . f. ,. r i L~~ y. C f N THE COURT OF COM MOI`I PLEAS OF CUMBERLAND COUNTY' STATE C)F ~~ PENNA. -~,,: KRISTIN N. DYER Plaintiff VERSUS JOHN C. DYER, Defendant N O. 2006 - 6633 DECREE II~1 DIVORCE A.NC7 NOW, (,(wv+~l ZY~ LocJ ~ IT VS ORDERED AND DECRF_ED THAT Kristin N. Dyer PLAINTIFF, AND John C. Dyer DEFENDANT, ARE DIVORCED FROM THE BC)NDS 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 BI.EN ENTERED; The attached Property Settlement Agreement dated November 3, 2006, is ~i,ncorporated, without merger, herein. 1 '- BY THE OURT: G' / ATT S ': J ~ / PROTHONOTARY ~ ~.. ~, r 'e e r 4F-~i" ,,. ~'~t«/~5 (~~ .art ' ?Jw.~;~ ~~ ,~: a~~t :~°`~~~ „~ - ~~~ ~: '~ Y . ~_r, ~. ~ ~. .. ~~ APR 19 20W KRISTIN N. DYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.O6~-6633 Civil Term JOHN C. DYER, :CIVIL ACTION- AT LAW- IN DIVORCE Defendant CONSENT ORDER. AND NOW, this ~ S day of N1 2007, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: ~, t .. Distribution: ~t -Marlin Markley, Esq.~1108 Market Street, Camp Hill; PA 17011 , John C. Dyer, 2425 Lobach Drive, Mechanicsburg, PA 17055 ~ O .0~'/ .'~1.i 1~~~° z :i ~'~ ~~r~~ Z ! ~'~ ~~~ ~ - ~ ~!d 1flOl h~`k~.t~tr,y~ ~.wUaJ ~N.t ~ a~? a~-.J~l~.~ ~