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HomeMy WebLinkAbout06-6839FAITH D. TRAYER, Plaintiff, V. : IN THE COURT OF COMMON rLEA, Uk : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - GREGORY J. TRAYER, Defendant. IN DIVORCE NOTICE CIVIL TERM 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 in 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FAITH D. TRAYER, Plaintiff, V. GREGORY J. TRAYER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - G L3? CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C), AND 0 OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Faith D. Trayer, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Gregory J. Trayer, representing as follows: 1. The Plaintiff is Faith D. Trayer, an adult individual residing at 299 Greason Road, Apartment #2, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Gregory J. Trayer, an adult individual currently residing at 371 Trayer Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 28, 1998 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT .11 By: Marcus McKni II, Esquire Supreme Court I.D. No. 25476 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: November 29, 2006 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. %FANovember 29, 2006 FAITH D. TRAYER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - G "9 GREGORY J. TRAYER, Defendant. IN DIVORCE CIVIL TERM PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. q?- "rolp" F ITH J. TRAYER Date: November 29, 2006 kA a Ny..? CJt ? N It .% FAITH D. TRAYER, Plaintiff, V. GREGORY J. TRAYER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 6839 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Gregory J. Trayer, on December 1, 2006, by certified, restricted delivery mail, addressed to him at 371 Trayer Lane, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5768 1633. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of Pa. C. S. ection 4904, relating to unsworn falsification to authorities. MARCUS A. McKTf IpHT; Attorney for PlaintiDate: December 4, 2006 m mn ru .. r-I CO i mmuffiis r- Ln postage -r Certified Fee O M M Retum Redept Fee (Endormnerd Required) C3 Resbicted DOW" F e r-I (Endorsement Requir r-q m Total Postage & Fees m o M [S@W TO GREGORY _ ¦ Complete ftms 1, 2, and 3. Also oomplo% ftem 4 if PAdrk tad Delivery Is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. B. ¦ Attach thfs card to the back of the msilpfece, or on the from N space permits. D. 1. Artkde Addressed to: M yEB, GREGORY J TRAYER 371 TRAYER LANE CARLISLE PA 17013 AQWft O Addre firW from Item l? Q Yee address below. ? No 3. "Vim lype 9 Cetibled IMI D 6tpnees mall 0 frs*WW 10 ftettan fieoslpt tar mwdnrdw Ddwryr Oft ft O 2. Ar" Number ` ( wxWnomssrvko&W ! 7003 3110 0004 5768 1633 PS Form 3811, February 2004 Domssec Rslum R IFI 10¢596-02-M-1540 CI C=D 0 sfw FAITH D. TRAYER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 6839 CIVIL TERM GREGORY J. TRAYER, Defendant. IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on Novebmer 29, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: q? ?,Av nk .1 , L / WM A FAITH D. TRA R Plaintiff o M7, ` to FAITH D. TRAYER, Plaintiff, V. GREGORY J. TRAYER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 6839 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L Date: FAITH D. TRAYER Plaintiff t? ? ? ? ? i }} qq ? j ?^v ?? a_ ?`? "'1 t ° :. ? ? - ? - ? --^Y .? r ? ? r? FAITH D. TRAYER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 6839 CIVIL TERM GREGORY J. TRAYER, Defendant. IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 29, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: '?:/' 5 -'D1 r-? , y?4T iz:t vLi FAITH D. TRAYER, Plaintiff, V. GREGORY J. TRAYER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 6839 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5- , - 0-7 i -, rn ft? FAITH D. TRAYER, Plaintiff, V. : IN THE COURT OF COMl : CUMBERLAND COUNTY, CIVIL ACTION - LAW 2006 - 6839 CIVIL TERM GREGORY J. TRAYER, Defendant. IN DIVORCE PLEAS OF 9SYLVANIA DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. 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 IProthonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: ?? J ?? ra ` ::r A U 6 V e3 17 MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Gregory, Trayer (hereinafter referred to as "HUSBAND") and Faith Trayer, (hereinafter referred to as "WIFE„). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 28, 1998; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by ,one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and. WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. ., 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; or has voluntarily decided not to receive advice from counsel acknowledging that adequate time and opportunity has been provided to do so; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. - Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. DEBTS AND LIABILITIES: It is further mutually agreed by and between the parties that HUSBAND and WIFE will be responsible for the following debts, liabilities, contracts and payments relating to the same: a. HUSBAND will be responsible for all debts, liabilities, contracts and payments currently contracted, deeded or titled under his name; this included debts, liabilities 2 and/or contracts relating to the property at 371 Trayer Lane, Carlisle. HUSBAND agrees to hold WIFE harmless from, including but no limited to, any claim created by the Mortgage on the real estate to Sovereign Bank as well as any loan or claim for funds by HUSBAND's parents, Joy D. Trayer and C. Allen Trayer, for loans made to the parties during the marriage. HUSBAND will be solely responsible for payment of any claims made pursuant to the Mortgage to Sovereign Bank as well as the loan obligations to his parents. b. HUSBAND will be responsible for all debts owed to HUSBAND's parents for amounts that were loaned to the parties during and before their marriage. C. WIFE will be responsible for the remaining Embarq telephone bill which accrued during the marriage in the amount of $280. WIFE agrees to forward this sum to HUSBAND immediately after receiving her settlement distribution noted in the within paragraph 10; HUSBAND will then immediately settle said debt. d. WIFE will be responsible for all debts, liabilities, contracts and payments currently contracted, deeded or titled under her name. 8. CASH ASSETS AND OTHER ASSETS: The parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 9. PERSONAL PROPERTY, VEHICLES, ETC.: a. WIFE will assume full ownership of the oak coffee table and end table, autographed football and casserole dishes all of which were acquired during the marriage and are presently in possession of HUSBAND. b. HUSBAND will assume full ownership of both Phillips television sets, one of which is currently in possession of WIFE. C. Exchange of the above property will occur by HUSBAND's father and his pickup truck at WIFE's residence at a time agreed upon by the parties; exchange will occur within ten (10) days of the execution of this Agreement. d. The parties have previously separated all personal property, vehicles, etc., not otherwise mentioned by this agreement to their satisfaction. The respective party currently possessing property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. 3 10. SETTLEMENT PROCEEDS: a. The parties acknowledge that a tort action regarding HUSBAND's accident which occurred on or around July 28, 2000 has settled in the amount of $225,000.00. The parties agree that the amount available for distribution after attorney fees, liens and costs are subtracted is approximately $80,035.42. Of this sum, the parties agree that WIFE will receive approximately $20,008.85; the remaining $60,026.57 will immediately be forwarded to HUSBAND's parents for the partial repayment of sums loaned to the parties during the marriage. b. The parties understand that there is a possibility that additional funds will become available for distribution with regard to the above matter if compromise can be reached with regard to lien holders. The parties agree that if additional amounts are distributed in excess of the original distribution stated above, WIFE will receive twenty five (%25) percent of said distribution(s); the remaining seventy five (75%) percent of said distribution(s) will immediately be forwarded to HUSBAND's parents for repayment of the sums loaned to the parties during the marriage or, in case where the debt to HUSBAND's parents has been paid in full, HUSBAND shall be entitled to the portion remaining. C. HUSBAND and WIFE will sign all necessary releases, distribution documents. and any check within ten (10) days of the signing of this- Agreement. 11. REAL ESTATE: The parties agree that HUSBAND will assume full ownership of the property located at 371 Trayer Lane, Carlisle. 12. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 13. RETIREMENT ACCOUNTS: WIFE will assume full ownership of any and all Pension and/or Retirement plans currently in her name. 14. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such 4 interests, rights and claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 15. INCOME TAX RETURNS: a. All future income tax returns will be filed separately and the parties will ea retain any refund due to them. b. The p e turns claiming their ?aro year. WIFE wi claim the child for the 2006 tax year and ax years ere ill claim the child in odd tax vears. 16. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. 17. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment, entered by- the court. 18. ADDITIONAL INSTSRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 19. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. HUSBAND's legal counsel is Mark F. Bayley, Esquire. WIFE's legal counsel is Marcus McKnight, Esquire. 20. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 5 23. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 24. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 25. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 26. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 27. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 28. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 6 29. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 30. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. INTEGRATION: This Agreement constitutes the entire understanding of the parties -and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 32. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 33. NOTICES: Any and all notice given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To Husband in care of Mark F. Bayley, Esquire, at 57 West Pomfret Street, Carlisle, PA 17013. b. To Wife in care of Marcus McKnight, Esquire, at 60 West Pomfret Street, Carlisle, PA 17013. 34. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7 35. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 36. This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the Irego er at 30 Faith Traver Dat PENNSYLVANIA COUNTY OF CUMBERLAND : SS PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this Z-46 day of , 2001, Gregory Trayer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. Lt V-1,0-0 67? ?Z No ry blic COMMONWEALTH OF PENNSYLVANIA Notary: Seat L.YSJacqueline G. Ege, Notary Public le B, Cumberland Count y min Expires Nov. 30, 2010 Member, Pennsylvania Association o Notaries date indicated below. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this 3 A 4 day of , 2001, Faith Trayer, known to me (or satisfactorily proven) to be the pers whose n e is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. COMMON wE&TH OF ERMSYL VMMA W-REMN Came B ? My C*M teetM E*m Sept. It 2W Member, Pennsytvsnie Association of Notaries No y Public 9 -r, x-iZ r:= FAITH D. TRAYER, Plaintiff V. GREGORY J. TRAYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006-6839 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Gregory J. Trayer, on December 1, 2006, by certified, restricted delivery mail, addressed to him at 371 Trayer Lane, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5768 1633. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: April 4, 2007; by defendant: May 5, 2007. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (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 Section 3301(c) Divorce was filed with the Prothonotary: May 1, 2007. Date defendant's Waiver of Notice in Prothonotary: May 7, 2007. 3301(c)iDivorce was filed with the A. N 1 GHT, III, ESQUIRE for PWRdff Date: July 11, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. FAITH D. TRAYER, Plaintiff VERSUS GREGORY J. TRAYER, Defendant CIVIL ACTION - LAW IN DIVORCE DECREE IN DIVORCE AND NOW, 2007 , IT IS ORDERED AND DECREED THAT FAITH D. TRAYER , PLAINTIFF, AND GREGORY J. TRAYER DEFENDANT, 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; The Marriage Settlement Agreement dated January 3, 2007 and signed by the parties is hereby incorporated into this Decree but not merged. BY TH ATT PROTHONOTARY N O. 2006-6839 CIVIL TERM es