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HomeMy WebLinkAbout94-05465 ~ c o ;r- , --1 . VI /' , o 3 ~ j " lr) -.....9 ~ Ln I ::r- ':J-,I S[ P 2. 7 199~ Jc- DEBBY K. LYON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. r, 'f. ,'It, (C!...",f ~.~ GARY J. LYON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~1'i'\h day of 'j..",'I( ".Iff , 1994, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before <:';'",,0,(.1 l. /},,<fc~ /S(/. , the Conciliator, at C;.j C;- f\l.. ld I ~ <.,1. l (1""111I' , on the (11 h day of f~(!", ,hl!I" , 1994, at _\ o'clock ~.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age +'-J five or older ~1 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, . , By: //;'/lLt.'/''''''' !lJb I'-y. Custody Conciliator . .;?t}/) I 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ---,-- , . . . ----- . -- ~, .. '.,.. ... . , . . , , ',' .:...,:"-~~;,.,,,......,., i.:~'f ~ . . " ~ '. LAW OPI'ICBS OP JA.COBSEN A MILKES 53 BAST HIOH snB8T CARL\SLIl, PA 170I3-JOU (71'/) 249.6431 , S~p 21 ~ Ij' iii. '. -~"'''~~~",~,;,'i.,","",-,_;,',;_.;...'~'' ~'"-.-,,.,..' .':.;::;,....c,~~.-:. "." ...,....,. ...'t. "_':"P;'.:~....~.i...:::~~~~:a:':':'::";"\'::;~~~A~~'':'*'i:''~]~ .. ..,~.-' '" - ..,,;,r",'j DEBBY K. LYON, Plaintiff, v. IN THE COUR'f OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r; 'I~ 5" 'I C. s' 6..'VJ -r,.."... NO. GARY J. LYON, Defendant 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 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, 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. COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: 717-240-6200 ., DEBBY K. LYON, : IN THE COURT OF COMMON PLEAS OF Plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA I (!.,.J .UL........ v. I NO. '7 'I. ~-II '" ~. I GARY J. LYON, I IN DIVORCE Defendant I COMPLAINT UNDER SECTION 3301(c\ COUNT I l. Plaintiff is Debby K. Lyon, who currently resides at lO E. Green Street, Shiremanstown, Cumberland County, Pennsylvania, l70ll, where she has resided since October 1986. 2. Defendant is Gary J. Lyon, who resided at 10 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania, l7011, from 1987 until September 23, 1994. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 6, 1990 at Dillsburg, York County, Pennsylvania. 5. Neither plaintiff nor Defendant is in the military or naval service of the united States or its allies within the provisions of the Soldiers & Sailors Civil Relief Act of the Congress of 1940 and it amendments. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court -1- _. , , ~ - require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. COUNT II - CUSTODY 10. Paragraphs 1-9 are incorporated herein. 11. Plaintiff seeks legal and physical custody of Amiee Ellen Lyon, born July 1, 19B6, age B years, who has resided at 10 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania 17011, since the date of her birth. She has resided all of her life with her mother and father, except the initial nine months to one year, when she lived with mother. A. The child was born out of wedlock. B. The child is presently in the custody of her mother, the Plaintiff. During the past five years or for her entire life, the child has resided with the following persons and at the following addresses: From birth to present: with Plaintiff, Debby Lyon; and From 19B7, to present, with her mother and father. At all times, the child has resided at lO E. Green Street, Shiremanstown, Cumberland County, Pennsylvania. C. The mother of the child is the Plaintiff. She is married to the Defendant and resides with the child. D. The father of the child is the Defendant. He is married to the Plaintiff and resided with Plaintiff and the child until September 23, 1994. -2- . - ---- -- E. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. F. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. G. Plaintiff does not know of any other person or party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. H. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is a loving parent able to care for the child and custody will afford the child the maximum stability in her home environment. I. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as a party to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. 12. Plaintiff requests this Honorable Court to enter an Order granting Plaintiff legal and physical custody of the minor child, Amiee Ellen Lyon. COUNT III - EQUITABLE DISTRIBUTION 13. Paragraphs 1 - l2 are incorporated herein. 14. The Plaintiff is the owner of real property and the parties are the owners of personal property subject to equitable distribution between them as marital property and are jointly obligated on marital debts and liabilities. -3- 15. The Plaintiff requests the Court to equitably divide such items of marital property and marital liabilities between them. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 - 15 are incorporated herein. 17. Plaintiff is not in a financial position to meet the costs and expenses of prosecuting this action and to pay reasonable counsel fees to her attorney and in fact has been forced to borrow funds in order to proceed thus far. 18. Plaintiff is presently employed. 19. Defendant is employed. He is well able to pay Plaintiff's costs and expenses and counsel fees in this matter. 20. plaintiff requests this Honorable Court to enter an order granting the Plaintiff counsel fees, costs and expenses. COUNT V - CHILD SUPPORT 21. Paragraphs I - 20 are incQrporated herein. 22. Defendant is employed by Pennsylvania Blue Cross and Blue Shield. His annual income is approximately $40,000.00. Plaintiff is employed by the federal government. Her annual income is approximately $32,000.00 23 Plaintiff is in need of child support to maintain her child during the course of this action and of permanent child support thereafter. WHEREFORE, the Plaintiff requests that the Court enter a decree of divorce: a. divorcing the Plaintiff and the Defendant; -4- . . -~ - ' b. granting plaintiff legal and physical custody of the minor child, Amiee Ellen Lyon; c. granting equitable distribution between the parties of all marital property; d. awarding Plaintiff reasonable counsel fees, expenses and costs of suit in this matter; e. granting such further relief as the Court shall deem proper and just. ~ ~(o/{ Respectfully submitted, ~~~ BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 -5- I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: q(~lq^\ /../ ". DE~~Y l~l~i.y~~ . ;'t )/ c"~ -6- . .-- '\ -- - DEBBY K. LYON, I IN THE COURT OF COMMON PLEAS Plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA I v. : NO. '7'1- S'YI..~ CIVIL 1994 I GARY J. LYON, IN DIVORCE Defendant WAIVER OF COUNSELING Debby K. Lyon, Plaintiff herein, hereby states and certifies as follows: 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 Domestic Relations Office, which list is nvailable 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 by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: (~/.jrt /94 . I I (," .. J /. J. I LL~' ~.X !,K/)-~ DEBBY IK LYON t1 ~ I vi~ .'- "4 . '-'. ..., >oJ ? . 0 '" ., ~ V\ .~ <J '" 0 , .., " ~ ,', ,,> "0 1)0. M' "'" .... \J > 1 .\ '.. . ~~ ~ '" '1J ~ .. ~ tl " .), :>- .... ? ~ .1 ~~ ~ ~ . '" .... ~ :to '1 ~ (\ ~ ":7- ~ " ~I {~'. , a. .., v, t' '" c_ ") '" .. ~ <> ..., ..;. "'., '" <-'''1",,,, ~ - ?, "0 :, .;.. ..,. ~ - - - .. \ ~ .. -i. ';j-. ~ ~ f J ,.... DEBBY K. LYON, : IN THE COURT OF COMMON PLEAS Plaintiff, I CUMBERLAND COUNTY, PENNSYLVANIA I v. I I NO. 94-5465 CIVIL TERM GARY J. LYON, Defendant : IN DIVORCE MARITAL SETTLEMEN) AGREEMENT AGREEMENT is made this ", \.. day of \ I, '\I ("'-cv\,,." { , THIS 1994, by and between DEBBY K. LYON (hereinafter referred to as "Wife") and GARY J. LYON, (hereinafter referred to as "Husband"). WHEREAS, there is one child born of this marriage, AMIEE ELLEN LYON, currently age 8; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they have agreed to live separate and apart from each other; and WHEREAS, an action for divorce is pending between the parties in the Court of Common pleas of Cumberland County, Pennsylvania; and WHEREAS, the parties wish to set forth certain covenants and understandings regarding their separation, the settling of their property rights and other rights and obligations growing out of their marriage, and the divorce action pending between them; NOW THEREFORE, in consideration of the mutual promises and -1- undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that this Agreement is entered into voluntarily and after due deliberation by each of them. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, indirect or direct, from each other. Neither party shall harass the other nor compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them is pending in the Court of Common Pleas of Cumberland County, Pennsylvania, to the caption, Lyon v. Lyon, Civil Term No. 94-5465. The parties hereby agree that the terms of this MARITAL SETTLEMENT AGREEMENT shall constitute a full and final settlement of all their respective claims in such action and that all such claims raised in such action shall be marked "Settled" in accordance with the terms of this MARITAL SETTLEMENT AGREEMENT, and the parties further agree to execute any affidavits of consent, necessary to effect a consensual divorce, -2- after the expiration of ninety days after the filing of the divorce complaint. 4. REAL PROPERTY: a. The parties acknowledge that wife owns and holds in her name only, real property located and known as 10 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania. b. The parties agree that effective the date of e~ecution of this Agreement, Husband shall and does relinquish and release any claim he may have to the real property described above, effectively transferring full ownership rights to Wife. Effective the date of this Agreement, Wife shall have the exclusive right to occupy and enjoy the premises located at 10 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania. Effective the date of this Agreement, Wife shall assume sole responsibility for any expenses relating to the 10 E. Green Street premises and her occupancy thereof, and shall hold Husband harmless and indemnify Husband for any losses or expenses relating to the marital residence. c. The parties acknowledge and certify that they own no other real property either jointly or individually. 5. MOTOR VEHICLES: Each party currently has in his or her possession a motor vehicle, Wife having a 1992 Toyota camry and Husband having a 1986 Volkswagen Jetta GE. Each party shall be entitled to retain said vehicle in his or her possession, for his or her own exclusive use and the parties agree in connection with this Agreement to execute any documents necessary for -3- transferring of title in order to convey sole ownership of the respective vehicles to wife and Husband. 6. PERSONAL PROPERTY AND ACCOUNTS: It is agreed that all personal property now in the possession of each party is considered his or her respective personal property and each party hereby relinquishes any claim to personal property currently in the possession of the other party with the exception of any property still to be divided, as set forth in the attached listing (if no attachment, all personal property matters have been settled). Each party shall be entitled to fully retain as his or her own and a sole property any pension, retirement, IRA, TSP, or similar accounts which he or she possesses in his or her own name, regardless of whether said accounts may be considered marital or not. Each party shall be entitled to fully retain as his or her own and a sole property any checking, savings, or other similar accounts which he or she possesses in his or her own name, regardless of whether said accounts may be considered marital or not. 7. CUSTODY OF MINOR CHILD: a. It is agreed that the parties shall share joint legal custody of the child. b. It is agreed by the parties that the child shall be in the primary physical custody of Wife. c. The parties agree to alternate the following -4- , ----- - . " . , holidays with their child: New Year's Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. d. For Thanksgiving Day, the parties will altarnate from year to year, with Husband assuming care and control of the child for Thanksgiving 1994. For Christmas, the parties will alternate from year to year, in each case with one party assuming care and control on Christmas Eve through Christmas day at noon, and the other party exercising care and control from noon Christmas day through December 26 at 6:00 p.m. Wife shall exercise care and control on Christmas Eve through Christmas day at noon for 1994. With respect to the other major holidays, the schedule shall similarly alternate, with the first days as agreed upon by the parties. e. On Mother's Day and Father's day, regardless of which parent would normally exercise care and control of the child, the parent whose celebration is designated by tho day in question shall assume care and control of the child for the entire day. f. The above provisions may be modified by mutual consent of the parties. 8. SUPPORT OF MINOR CHILD: a. The parties stipulate and agree that Husband's support obligation toward the minor child, in the context of this overall Agreement, shall additionally involve payment of reasonable child care expenses incurred by Wife, with the current -5- amount at $50.00 per week. b. The parties agree that Husband shall maintain medical insurance for the child as provided through his employment. Any out-of-pocket medical expenses for the child are to be shared equally by the parties. Wife shall be responsible for her own health insurance. c. The parties agree that they are each able to provide for their own maintenance and support. They each hereby waive, release and give up any claim or rights they may have against each other for alimony, alimony pendente lite, spousal support, or maintenance, other than as specifically provided for in this agreement. 9. TAXATION: Wife shall be entitled to claim a tax exemption for the minor child, so long as the custody arrangement remains as stated above. 10. DEBTS OF THE PARTIES: a. It is agreed and understood that various marital debts of the parties exist. Each party agrees to assume full responsibility for payment of any credit card, automobile, or other debt which is presently in his or her name, or was so as of the date the parties separated. b. The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to indemnify and save harmless the other party against any claims that may be asserted by anyone against -6- the other party for any reason inconsistent with the agreement set forth above. 11. NON-MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 12. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 13. COUNSEL FEES: Each party agrees to be individually responsible for all court costs, filing fees, attorneys fees and other costs and expenses he or she may have incurred in connection with the divorce action between the parties. 14. MUTUAL RELEASE: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act or spollsal support, or otherwise, that they make or hereafter make in and to or against each other's estates -7- or any parts thereof, whether by way or dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 15. NON-WAIVER: The failure of either party to insist in anyone or more instances upon the strict performance of any of the terms hereof in this MARITAL SETTLEMENT AGREEMENT shall not be construed as a waiver or relinquishment of such term or terms in the future. 16. BREACH: In the event that either party breaches any provision of this MARITAL SETTLEMENT AGREEMENT he or she shall be responsible for any and all costs incurred to enforce the MARITAL SETTLEMENT AGREEMENT, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 17. ENFORCEMENT: The parties agree that the terms of this MARITAL SETTLEMENT AGREEMENT, particularly including the custody agreement, may be entered as separate Orders of Court, and that any part or parts hereof may be enforced in any court of competent jurisdiction. 18. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and assigns. This -8- Agreement shall be executed as original in triplicate. 19. ENTIRE AGREEMENT: The parties acknowledge and agree that this MARITAL SETTLEMENT AGREEMENT contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 20. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this MARITAL SETTLEMENT AGREEMENT and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce shall retain the right to enforce the provisions and the terms of this MARITAL SETTLEMENT AGREEMENT. 21. LEGAL ADVICE: Each party acknowledges that he and she have received or have had the opportunity to receive independent legal advice from counsel of his or her selection, and that each have determined to complete this MARITAL SETTLEMENT AGREEMENT and that each fully understands the facts, and each has had the opportunity to be fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this MARITAL SETTLEMENT AGREEMENT is in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily. The execution of the MARITAL SETTLEMENT AGREEMENT is not the result of any duress or undue influence, and it is not -9- the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed with the wealth, property state, and income of the other, and each party is hereby satisfied that such information is true and correct. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first abQ~e written. / " ,",' o~1::tL/ j I LL-c DEBBY K'f 'SAMUEL W. MIL'KES Attorney for plaintiff " -10- .0 COMMONWEALTH OF PENNSYLVANIA I I I SSI I COUNTY or CUMBBRLAND I ,~ On this, the ~ of ~(' ~\f"":-\r-17' , 1994, before me, day a Notary Public in and for the aforesaid Commonwealth and County, personally appeared DEBBY K. LYON, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OT PUBLIC My Commission Expires: ~"_M__.-.._,,____,_... '. __0.-" i :',',:"-i'O'," ."":-.-:j~ ~;~,~...; I ,,' "....-...." . '.,' '.' 1 ~'a.I~"""~r-; p..1W<.;. .:-,._:__ ~ ,~~~. :.. ',- ~,'. .~.i.r::. -11- , , " '.\ "(i '~ LAW 0f1'1Cl!S or JACOBSEN II MIl.....Jl n lAST H1QH ItIUIlIT 0.;1 ISLB. PA 1701!-3OI5 (111)149-6121 . d . ~.~; . ,DEe1 '994~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 94.5465 CIVIL TERM DEBBY K. LYON. Plaintiff GARY 1. LYON, Defendant IN DIVORCE ORDER OF COURT ~JJSTODY OF AMIEE ELLEN LYON AND NOW. this ~ day of ~. . 1994, upon presentation and consideration of the Marital Settlement Agreement of the parties, specifically with reference to paragraph 7 of this Agreement. regarding custody of the minor child. Amiee Ellen Lyon, the following is hereby Ordered and Decreed: A. The parties shall share joint legal custody of Amiee Ellen Lyon. born July 1. 1986. B. The mother. Debby K. Lyon. shall exercise primary physical custody of the child. C. The child shall be in the physical care and control of the parents on alternating holidays. at times agreed upon by the parties. to include the following holidays: New Year's Day. Easter Sunday. Memorial Day. Fourth of July. Labor Day, Thanksgiving and Christmas. D. For Thanksgiving day. the parties will alternate from year to year, with husband assuming care and control of the child for Thanksgiving. 1994. For Christmas, the parties will alternate from year to year. in each case with one party assuming care -1- and control on Christmas Eve through Christmas Day at noon, and the other party exercisir.g care and control of the child from noon Christmas Day through December 26 at 6:00 p.m. Mother shall exercise care and control on Christmas Eve through Christmas Day at noon for 1994. With respect to the other major holidays, the schedule shall similarly alternate, with the first days as stated above. E. On Mother's Day and Father's Day, regardless of which parent would normally exercise care and control of the child, the parent whose celebration is designated by the day in question shall assume the care and control of the child for the entire day. F. The above provisions may be modified by mutual consent of the parties. By the Court. J. , . ...... '- \: ' ~ ~ ; ,,~, -2- DEBBY K. LYON, Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. I NO. 94-5465 CIVIL TERM GARY J. LYON, Defendant HI DI'/ORCE MARITAL SETTLEMEN~ AGREEMENT ' -)\~~ \ "\ ~ AGREE)IENT is made this " day of.~'(\) ("-1--\Ot""'~' THIS 1994, by and between DEBBY K. LYON (hereinafter referred to-as "Wife") and GARY J.LYON, (hereinafter referred to as "Husband"). WHEREAS, there is one child born of this marriage, AMIEE ELLEN LYON, currently age 8; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they have agreed to live separate and apart from each other; and WHEREAS, an action for divorce is pending between the parties in the Court of Common pleas of Cumberland County, Pennsylvania; and WHEREAS, the parties wish to set forth certain covenants and understandings regarding their separation, the settling of their property rights and other rights and obligations growing out of their marriage, and the divorce action pending between them; NOW THEREFORE, in consideration of the mutual promises and -l- undertakings contained herein, the parties hereto, intending to be legally bound, cov-nant and agree as follows: 1. VOLUNTARY AGREEMENT: It is acknowledged by t~e parties that this Agreement is entered into voluntarily and after due deliberation by each of them. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for Husband and Wife at all times hereinaEter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, indirect or direct, from each other. Neither party shall harass the other nor compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them is pending in the Court of Common Pleas of Cumberland County, Pennsylvania, to the caption, Lyon v. Lyon, civil Term No. 94-5465. The parties hereby agree that the terms of this MARITAL SETTLEMENT AGREEMENT shall constitute a full and final settlement of all their respective claims in such action and that all such claims raised in such action shall be marked "Settled" in accordance with the terms of this MARITAL SETTLEMENT AGREEMENT, and the parties further agree to execute any affidavits of consent, necessary to effect a consensual divorce, -2- after the expiration of ninety days after the filing of the divorce complaint. 4. REAL PROPERTY: a. The parties acknowledge that Wife owns and holds in her name only, real property located and known as 10 E. Green Street, Shiremanstown, CUIMerland County, Pennsylvania. b. The parties agree that effective the date of execution of this Agreement, Husband shall and does relinquish and release any claim he may have to the real property described above, effectively transferring full ownership rights to Wife. Effective the date of this Agreement, Wife shall have the exclusive right to occupy and enjoy the premises located at 10 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania. Effective the date of this Agreement, Wife shall assume sole responsibility for any expenses relating to the 10 E. Green Street premises and her occupancy thereof, and shall hold Husband harmless and indemnify Husband for any losses or expenses relating to the marital residence. c. The parties acknowledge and certify that they own no other real property either jointly or individually. 5. MOTOR VEHICLES: Each party currently has in his or her possession a motor vehicle, Wife having a 1992 Toyota Camry and Husband having a 1986 Volkswagen Jetta GE. Each party shall be entitled to retain said vehicle in his or her possession, for his or her own exclusive use and the parties agree in conuection with this Agreement to execute any documents necessary for -3- transferring of title in order to convey sole ownership of the respective vehicles ~, Wife and Husband. 6. PERSONAL PROPERTY AND ACCOUNTS: It is agreed that all personal property now in the possession of each party is considered his or her respective personal property and each party hereby relinquishes any claim to personal property currently in the possession of the other party with the exception of any property still to be divided, as set forth in the attached listing (if no attachment, all personal property matters have been settled). Each party shall be entitled to fully retain as his or her own and a sole property any pension, retirement, IRA, TSP, or similar accounts which he or she possesses in his or her own name, regardless of whether said accounts may be considered marital or not. Each party shall be entitled to fully retain as his or her o'~n and a sole property any checking, savings, or other similar accounts which he or she possesses in his or her own name, regardless of whether said accounts may be considered marital or not. 7. CUSTODY OF MINOR CHILD: a. It is agreed that the parties shall share joint legal custody of the child. b. It is agreed by the parties that the child shall be in the primary physical custody of Wife. c. The parties agree to alternate the following -4- hu1idays with their child: New Year's Day, Easter Sunday, Memorial Day, Fourth 'f July, Labor Day, Thanksgiving, and Christmas. d. For Thanksgiving Day, the parties will alternate from year to year, with Husband assuming care and control of the child for Thanksgiving 1994. For Christmas, the parties will alternate from year to year, in each ca~e with one party assuming care and control on Christmas Eve through Christmas day at noon, and the other party exercising care and control from noon Christmas day through December 26 at 6:00 p.m. Wife shall exercise care and control on Christmas Eve through Christmas day at noon for 1994. with respect to the other major holidays, the schedule shall similarly alternate, with the first days as agreed upon by the parties. e. On Mother's Day and Father's day, regardless of which parent would normally exercise care and control of the child, the parent whose celebration is designated by the day in question shall assume care and control of the child for the entire day. f. The above provisions may be modified by mutual consent of the parties. 8. SUPPORT OF MINOR CHILD: a. The parties stipulate and agree that Husband's support obligation toward the minor child, in the context of this overall Agreement, shall additionally involve payment of reasonable child care expenses incurred by Wife, with the current -5- amount at $50.00 per week. b. The p~-ties agree that Husband shall maintain medical insurance for the child as provided through his employment. Any out-of-pocket medical expenses for the child are to be shared equally by the parties. Wife shall be responsible for her own health insurance. c. The parties agree that they are each able to provide for their own maintenance and support. They each hereby waive, release and give up any claim or rights they may have against each other for alimony, alimony pendente lite, spousal support, or maintenance, other than as specifically provided for in this agreement. 9. TAXATION: Wife shall be entitled to claim a tax exemption for the mino~ child, so long as the custody arrangement remains as stated above. 10. DEBTS OF THE PARTIESI a. It is agreed and understood that various marital debts of the parties exist. Each party agrees to assume full responsibility for payment of any credit card, automobile, or other debt which is presently in his or her name, or was so as of the date the parties separated. b. The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to indemnify and save harmless the other party against any claims that may be asserted by anyone against -6- the other party for any reason inconsistent with the agreement set forth above. 11. NON-MERGER IN DIVORCE DECREE: The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 12. EXECUTION OF DOCUMENTS: Each of th~ parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 13. COUNSEL FEES: Each party agrees to be individually responsible for all court costs, filing fees, attorneys fees and other costs and expenses he or she may have incurred in connection with the divorce action between the parties. 14. MUTUAL RELEASE: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act or spousal support, or otherwise, that they make or hereafter make in and to or against each other's estates -7- or any parts thereof, whether by way or dower or curtesy, or under the intestate J.ws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 15. NON-WAIVER: The failure of either party to insist in anyone or more instances upon the strict performance of any of the terms hereof in this MARITAL SETTLEMENT AGREEMENT shall not be construed as a waiver or relinquishment of such term or terms in the future. 16. BREACH: In the event that either party breaches any provision of this MARITAL SETTLEMENT AGREEMENT he or she shall be responsible for any and all costs incurred to enforce the MARITAL SETTLEMENT AGREEMENT, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 17. ENFORCEMENT: The parties agree that the terms of this MARITAL SETTLEMENT AGREEMENT, particularly including the custody agreement, may be entered as separate Orders of Court, and that any part or parts hereof may be enforced in any court of competent jurisdiction. 18. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors and assigns. This -8- Agreement shall be executed as original in triplicate. 19. ENTIRE AGRr~NT: The parties acknowledge and agree that this MARITAL SETTLEMENT AGREEMENT contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 20. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this MARITAL SETTLEMENT AGREEMENT and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce shall retain the right to enforce the provisions and the terms of this MARITAL SETTLEMENT AGREEMENT. 21. LEGAL ADVICE: Each party acknowledges that he and she have received or have had the opportunity to receive independent legal advice from counsel of his or her selection, and that each have determined to complete this MARITAL SETTLEMENT AGREEMENT and that each fully understands the facts, and each has had the opportunity to be fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this MARITAL SETTLEMENT AGREEMENT is in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily. The execution of the MARITAL SETTLEMENT AGREEMENT is not the result of any duress or undue influence, and it is not -9- the result of any collusion or improper illegal agreement or agreements. The parr;es acknowledge that each has been fully informed with the wealth, property state, and income of the other, and each party is hereby satisfied that such information is true and ccrrect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year - ~ K.{C)'1 D BBY. LYON' j -.' -10- COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, .r) 11 the ') day Of" .I'lI""~)'''( , 1994, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared DEBBY K. LYON, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~" 'NOTARY PUBLIC My Commission Expires: r-..-,jIf":,:'n'v,;,, '-,' ".,,, 'U r,'7:.r; ,: :_,~,' ~,l ,u P ;i ri"'ii j''':Li':' I'::; ,'i.; t fl.': cnMU,i'.:! """"~--,_._, -ll- COHMONWEALTH OF PENNSYLVANIA I I SSI I COUNTY OF CUMBERLAND On this, ..-,0 the ') day of \. ~ ->......~'-vi~',. , 1994, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared GARY J. LYON, known to me, or satisfactorily proven, to be the person wtose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. p/~~y KbTARY PUBLIC My Commission Expires: NCT,';,['L ~':!.l I S~~\\lfl \'1. ...;.-.r 1.'.1'....' "J':'.:I; Cl,\'lI:JLE liCln:!. (U:';i'!_' '.,,_:, ,;OJ ,"': ! fA" Cr:rMW~,,)lJN o.r-:hi:S Kl, I,:', '.;-3 i --.... , -12- ~"-7":::";';;' LAW omcu 01' JACOBSEN II MILU8 51 BAST 1lI0K STUIlT CAIUJSLB, FA 1101J.3015 (111) 2049-6411 . '-~ '. -. -. ~.. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (/)/-SJ!fi'5 (\,,\\ -r,:-;, f"f) IN DIVORCE DEBBY K. LYON, Plaintiff, GARY J. LYON, Defendant PRAECIPE TO DISMISS TO THE PROTHONOTARY I Plee.se dismiss the above-captioned divorce action. There has been no Answer or other reply from the Defendant. S\.~'7 (, &~P BYI Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130