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HomeMy WebLinkAbout02-3818 MERIDETH L. KYLE, Plaintiff v. IN THE COURT OF COMMON PLEAS ___ CUMBERLAND COUNTY, PENNSYLVANIA No. C;t - JPI P C2;u I.t '-r~ CIVIL ACTION - DIVORCE DAVID C. KYLE, 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 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 CwnberIand County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, P A 17013 (717)249-3166 1-800-990-9108 MERIDETH L. KYLE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OJ. - Qtw~L "t~ CIVIL ACTION - DIVORCE DAVID C. KYLE, Defendant NOTICA A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quehjas expuestas en las paginas siguietes, debe tomar accion con prontitued. Se Ie avisa que si no se defiende, el caso puedo proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte, Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion recIamados por el demandante. Usted puede perder dinero, opropiedade u otros derchos importantes para usted. Cuando la base para eI divorcio es indignidades 0 rompimiento irreprable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARlOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DlVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DEDRECHO A RECLAMAR CUALQUlERA DE ELLOS, USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE IMMEDlATO, SI NO TIENE 0 NO PUEDE P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDlCADA ABAJO PARA A VERlGUAR DONDE PUEDE OBTRENER ASISTENCIA LEGAL. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 (717)249-3166 1-800-990-9108 MERIDETH L. KYLE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. C;t - Ct~~l ~f:a....~ CIVIL ACTION - DIVORCE DAVID C. KYLE, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Merideth L. Kyle, whose Social Security number is 201-64-1737, is an adult individual who currently resides at 2008 Dickinson Ave., Cumberland County, Pennsylvania 17011. 2. Defendant, David C. Kyle, whose Social Security number is 170-54-2016, is an adult individual who currently resides at 2008 Dickinson Ave., Camp Hill, Cumberland County, Pennsylvania 17011. 3, Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on July 15, 1994, in Cumberland County, Pennsylvania. 5. The parties have lived separate and apart under the same roof since on or about August 2, 2002. 6. Neither party has instituted any prior action of divorce or annulment with regard to this marriage in this or any other jurisdiction. 7. Plaintiff avers that there are two(2) children of the marriage, namely: Chase K. Kyle, born on December 12, 1994, and Colton D. Kyle, born on April 5, 1997. 8. Neither the Plaintiff nor the Defendant are members of the Armed Forces of the United States of America or any of its allies. 9. 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. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter pursuant to 3301 (c) or 3301 (d) of the Divorce Code. RESPECTFULLY SUBMITTED, ~/0L , Date Cindy L. Ko r, squire Attorney ID .75899 481 0 Derry Street Harrisburg, PA 17111 Telephone (717) 564-1084 FAX (717) 564-5158 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. ~ Date 7J p ~ () a 0 ~ c: N fi <" .q ~ -c.' [f7 :r::a "--4 Crt [PC1,"; c::: I , "TJ .L_...t G') ;f";':': . Zr- I ..::~. ['1"'1 - ~ ~ f}eC ():) \'? It.J ",CJ 0 ~p -0 .-- or, ~ --C '--J~~ tJ . , .; ,n , ~v } ...:; .v f- -L':. ~) f :~ :is ....c: '0 -< "" ~ )..J r ~ MERIDETH L. KYLE, Plaintiff v. DAVID C. KYLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3818 Civil Term CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint in the above-captioned action. t?-.2. 9-02- Date Mailing address: A/~~ David C. -KYle, Defendant _. 2008 Dickinson Ave. Camp Hill. PA 17011 0 0 C) c: 1'0 -'1"1 s: (/') - -0 OJ r" 'r- ~ rnlY --0 ,- Z::c= r\ _.~ ,L.. . c::> --..' f!) :i.~ ...... I , .':~C) C::CJ = ~.:'] ~t~1 ZG ~'.,. ,-"'.., 6 C5_\-'T\ S;c= -'. ~ .t="' ~ Merideth L. Kyle, Plaintiff vs Case No, 02-3818 David C. Kyle, Defendant Statement of Intention to Proceed To the Court: Merideth L. Kyle, Plaintiff Print Name James G. Mann, Esq. SignN Date: 10/12/05 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. L Rule oj civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a unifonn statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter \vith prejudice for failure to prQsecute." If:1 party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. Ari example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of tem1ination under Rule 230.2. (2 ", () Coo".':) C:::l -n - " ";.n = --, C) ~;I: -, -J :1':."" ,".::..: c:l ~ CA" 0-. MERIDETH L. KYLE, PlaintitT IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA v. NO. 02-3818 DAVID C. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry ofa Final Decree in Divorce after service of notice of intention to request entry of the decree. ( 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: \ () \ \ \ \ oS ~ ; . MERIDETH L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA v. NO. 02-3818 DAVID C. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I, A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on August 8, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry ofa Final Decree in Divorce after service of notice of intention to request entry ofthe decree. 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: /()~I)- uS- , &~ MERIDETH L. KYLE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 02-3818 CIVIL TERM DAVID C. KYLE, DEFENDANT CIVIL ACTION -- LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. ] consent to the entry of a final decree of divorce without notice. 2. ] understand that] may lose rights concerning alimony, division of property, attorney's fees and expenses if] do not claim them before a divorce is granted. 3, ] understand that] 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. ] verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, S 4904 relating to unsworn falsification to authorities. Date: lClI \ \ \ O~ \ \ MERIDETH L. KYLE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 02-3818 CIVIL TERM DAVID C. KYLE, DEFENDANT CIVIL ACTION -- LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, attorney's fees and expenses if! do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities, - Date: If) - /3- 0.') . e (Defendant) '-^ ( , '. 'J (' I(! ,)-< -:' <\ ,f MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this Il-~ ,< day of C)rA rJ b I-I.. , 2005, by and between Merideth L. Kyle ("Wife") - AND - David C. Kyle ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on July 15, 1994, in Gunberland County, Pennsylvania. WHEREAS, there are two (2) minor children born of this marriage; said children being: Glase K. Kyle, born December 12, 1994; and, Colton D. Kyle, born AprilS, 1997. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the past, present and future support, alimony and! or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support and! or maintenance of the children; the implementation of custody! visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation, The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and WIfe shall at all times hereafter have the right 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 whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the pan of either Husband or WIfe of the lawfulness or unlawfulness of the causes leading to their living apan. A. Affidavits of Consent. The panies acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 02-3818 (Ovil Term), The parties agree that they will execute Affidavits of Consent in the aforementioned matter. B. Divorce Decree. The panies agree that they will execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter within 90 days after execution of the Marriage Settlement Agreement. Thereafter, counsel for WIfe shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and WIfe agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: i. Real Property, The residence located at 2008 Dickinson Avenue, Camp Hill, Cumberland CoWlty, Pennsylvania 17011, which is subject to a duly recorded first mongage from Chaner One Mongage, Loan # 0013807284, with an original loan amount of ninety-five thousand, six hundred dollars ($95,600.00); and a duly recorded second mortgage to Charter One, Loan # 0013807441, with an original loan amount of seventeen thousand, nine hundred dollars ($17,900.00). Page 2 of 13 ii. Personal Property. The 1994 Geo Prism automobile, with the Vehicle Identification Nwnber 1 YISK5380RZ0137 42, which at the time of separation was registered and titled in Husband and Wie's name. Should this vehicle be lost, stolen, destroyed or sold prior to the transfer of ownership interest to Husband, the proceeds from insurance or any other source for the value of the vehicle shall be Husband's sole and exclusive property. 1II. Employment Benefits. Husband retains all right, title and interest to all pension, 401(k), savings accounts, benefits or other accounts through his employer, the City of Harris burg. B. Wife's Property. The following property shall become the sole and exclusive property of Wie: i. Real Property, The residence located at 3539 March Drive, Camp Hill, Cumberland County, Pennsylvania 17011, which is subject to a duly recorded first mortgage with Aurora Loan Services, Account Nwnber 0011736642, with an original loan amount of one hundred and fifteen thousand dollars ($115,000.00). ii. Personal Property, The 1997 Plymouth Grand Voyager automobile Vehicle Identification Nwnber 2P4GP44R7TR713235, which at the time of separation was registered and titled in Husband and Wie's name, Should this vehicle be lost, stolen, destroyed or sold prior to transfer of ownel>hip interest to Wie, the proceeds from insurance or any other source for the value of the vehicle shall be Wife's sole and exclusive property. C. Satisfactory Division of Other Marital and Non- Marital Property. Husband and Wie hereby acknowledge that they have divided, to their mutual satisfaction, all other marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accolillts, stocks, bonds, life insurance policies or other Page 3 of 13 securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mL'{ed, tangible or intangible. D, Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property as follows: execution of deeds, assignments, titles or other instruments necessary and appropriate to divide real property listed above shall be completed within three (3) years of the date of the final decree in divorce; execution of instruments necessary and appropriate to divide personal property listed above shall be completed within thirty (30) days of the date of the final decree in divorce. E. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save hannless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. F. Representations and Warranties. The parties represent and warrant to each other that the property descnbed in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. G. Equitable Divis ion. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have detennined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. Page 4 of 13 H. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to WIfe, and WIfe forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. I. After-Acquired Property, Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all pwposes as though he or she were unmarried. 3. Debts. Husband and WIfe agree to be responsible forthe joint debts of the parties as follows: The loan from the Bank of New York, ACCOlll1t Number 08000003710394, for the original amount of fifteen thousand dollars ($15,000.00), held in the names of Husband and WIfe, shall be the responsibility of, and assumed by, the Husband. Husband and WIfe shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parries represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 4. Liabilities. All debts, contracts, obligations or liabilities incurred at anytime in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parries hereto further promises, covenants and agrees that each will now and at all times hereafter save hannless and keep the other or his or her estate inderrmified and save hannless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, Page 5 of 13 legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save hannIess the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein, 5. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and! or the dissolution of their mamage. 6. Alimony. In lieu of traditional alimony payments to WIfe for her separate support and maintenance, Husband shall pay to WIfe the sum of three thousand five hoodred ($3,500.00) Dollars within thirty (30) days of the date of the divorce decree and an additional one thousand five hoodred ($1,500.00) within two years of the date of the divorce decree. The parties agree that the entire amooot being paid to WIfe pursuant to this paragraph is not to be included and is not intended to be included with the income of WIfe within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. 7, Child Support. A Monetary Support. Husband shall pay to WIfe for the use, benefit, support and maintenance of the minor children, the sum of one hoodred ($100.00) Dollars per week. The support payments set forth herein shall continue until the children shall complete high school, become emancipated, many, die or artain age eighteen (18), whichever first occurs, at which time they will be reduced proportionately. Upon the yoooger child's completing high school, becoming Page 6 of 13 emancipated, marrying, dying, or attaining age eighteen (18), whichever fmt occurs, the suppott payments shall terminate. B. Health Insurance. Husband shall provide Blue voss, Blue Shield, Major Medical or equivalent coverage for the benefit of the children for so long as he is obligated to contribute to their support pursuant to the provisions of this agreement. C. Unreimbursed Medical Expenses. Unreimbursed medical, dental and orthodontic expenses shall be divided between the parties with Husband paying fifty (50%) percent and WIfe paying fifty (50%) percent. D. Adjustment. WIfe acknowledges that the provisions herein made for the support, maintenance and education of the children are fair, adequate, reasonable and satisfactory to her. 1be parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the present custody arrangement, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction. E. Tax Exemptions. It is specifically and mutually understood and agreed and recognized by and between the parties hereto that Husband shall have the right to claim the U.S, Individual Income Tax and any other federal, state or local income or other tax exemptions for Chase K. K y/e during the time that both children are eligible to be claimed as tax exemptions. WIfe will not interfere in any way or take any step or do any act which would interfere with Husband securing the benefit of such tax exemptions, F. Post-Secondary Education Support. 1be parties agree that each shall contribute to the post-high school expenses incurred by their children that exceed funds received from grants, scholarships, children's earnings, education loans and funds available from Unifoml Gift to Minors Accounts or other accounts established for the children's post-high school education. Post-high Page 7 of 13 school expenses are defined as tuition, books, and room and board only. This obligation shall continue until each child reaches the age of 23, or graduates, whichever occurs first. Husband's obligation is conditioned upon Husband's being actively consulted in the selection of an appropriate post-high school education for each child; taking into consideration the parents' then financial ability and economic circumstances, and the children's needs, desires, talents, and aptitudes for post- high school education. In no event shall either party be required to pay more than 50% of post-high school education costs for any child. 8. Custody. A. The parties agree that the legal custody of their children shall be joint, with both parties having the right to make major parenting decisions affecting each child's health, education and welfare. Primal)' physical custody shall be with Wtfe, with Husband to have partial physical custody in accordance with a schedule set forth below. During such times as each child resides with the parties as set forth above, the parent having physical custody shall be responsible for all aspects of child care, including medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or any illness. B. The following shall constitute a minimum schedule for partial custody of the children with Husband: I. Three (3) overnight stays per week ii. One (1) week vacation upon one month's prior notice. C. Husband may have the children at other times as the parties may mutually agree. D. Unless otherwise agreed to by the parties, the following shall constitute the parties' responsibilities for transportation of the children for the purpose of exercising Husband's schedule for partial custody: Page 8 of 13 i. Husband shall be responsible for transportation of the children from Wife's residence when exercising his custodial rights pursuant to this agreement. ii. WIfe shall be responsible for transportation of the children from Husband's residence at the conclusion of Husband's partial custody pursuant to this agreement. iii. The party relinquishing physical custody of the children pursuant to this agreement shall make the children available to the party asswning physical custody of the children at the relinquishing party's place of residence. E. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. 9, Life Insurance, At the time of this agreement Husband maintains three (3) life insurance policies insuring his life. The children shall be named as sole irrevocable beneficiaries on these three existing policies insuring Husband's life and Husband shall maintain said policies until the youngest living child attains age 21. Should any of said policies insuring Husband's life lapse or become unavailable for any reason whatsoever, Husband shall obtain new insurance for an amount equal to the death benefit amount of the insurance at the time of this agreement and the children shall be named as sole and irrevocable beneficiaries on such insurance. 10, Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and! or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Page 9 of 13 11, Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and eve!)' claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 11. Indemnification, Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wie from any inaccurate representation made by or on behalf of either Husband or Wie to the other in this Agreement, any breach of any of the warranties made by Husband or Wrle in this Agreement, or breach or default in perlonnance by Husband or WIfe of any of the obligations to be perlormed by such party hereunder. The Husband or Wie agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the tenns of this Agreement. Page 10 of 13 12, General Provisions. 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, 13, Fair and Equitable Contents. The parties acknowledge that they have had the opportunity to have the provisions of this Agreement and their legal effect fully explained to the parties by their respective counsel. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection and that each fully understand the facts and his or her legal rights and obligations, Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having had the opportunity to receive such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 13, Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 14. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 15, Modification, No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. Page 11 of 13 16. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. Applicable Law. lhis Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. Merger. In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this agreement shall be incorporated, but not merged into such judgment or decree. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: C:\ - ILftr!!: Page 12 of 13 COMMONWEAL 1H OF PENNSYLVANIA COUN1Y OF ~11~~ 1'\ ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Merideth L. Kyle, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this J9-#--. day of ft~lver COMMONWEALTH OF PENNSYLVANIA _ Seal Janelle I>b Polly. Notary PuIlIc City 0/ Hanisbt.rg, Dauphin County My CommIosIon Elcpres J\nl13, 2008 Member. Pennsylvanil AtSOdaUon 01 HotarIeS COMMONWEAL1H OF PENNSYLVANIA COUN1YOF ~ ,2005. ~p~~ QO~~~ My Commission Expires: =r UJ1\S<.... \3 i ~ () y ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, David C. Kyle, who being duly sworn according to Jaw deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this _I ~ ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal .Barbara J.. Baker, Notary Public City ofHarnsburg, Dauphin County My Commission Expires Aug. 13,2007 Member, PennSylvania AS$ociation of Notaries day of Orfnb> y: ' 200C ~ ~~v-'-~~ r)~ No ry Public My Commission Expires: G...u ~ 1-:3 I () e>o '7 Page 13 of 13 -,~------ (_~. f'.) '_' l _._~ i' c - MERIDETH L. KYLE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 02-3818 CIVIL TERM DAVID C. KYLE, DEFENDANT CIVIL ACTION -- LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of service by Defendant filed September 10,2002. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by the plaintiff October 11,2005; by the defendant on October 13, 2005. 4, Related claims pending: Settlement Agreement, dated October 12,2005, is attached and shall be incorporated, but not merged, into the final decree in divorce. 5. Date plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: October 26,2005. Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: October 26, 2005. es G. Mann, Il 'uire Attorney for . tiff t,/..' ------- - 7{I, 0.< -3};/Y MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this / i-{ " day of ()A rJ b I-I... ,2005, by and between Merideth L. Kyle ("Wife") - AND - David C. Kyle ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on July 15, 1994, in Cumberland County, Pennsylvania. WHEREAS, there are two (2) minor children born of this marriage; said children being: Glase K, Kyle, born December 12,1994; and, Colton D. Kyle, born AprilS, 1997. WHEREAS, diverse wiliappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the past, present and future support, alimony and! or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the ownership and equitable distnbution of real and personal property; settling of all matters between them relating to the past, present and future support and! or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation, The parties agree to the enn)' of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and WIfe shall at all times hereafter have the right 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 whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision 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 to their living apart, A Affidavits of Consent. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Clunberland County, Pennsylvania at docket number 02-3818 (Civil Term), The parties agree that they will execute Mfidavits of Consent in the aforementioned matter. B. Divorce Decree, The parties agree that they will execute and file Mfidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter within 90 days after execution of the Marriage Settlement Agreement. Thereafter, counsel for WIfe shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and WIfe agree that the following constitutes an equitable distribution of the marital property. A Husband's Property. The following property shall become the sole and exclusive property of Husband: i. Real Property. The residence located at 2008 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, which is subject to a duly recorded first mortgage from Charter One Mortgage, Loan # 0013807284, with an original loan amount of ninery-five thousand, SLX hundred dollars ($95,600,00); and a duly recorded second mortgage to Charter One, Loan # 0013807441, with an original loan amount of seventeen thousand, nine hundred dollars ($17,900.00). Page 2 of 13 ii. Personal Property. The 1994 Geo Prism automobile, with the Vehicle Identification Number 1Y1SK5380RZ013742, which at the time of separation was registered and titled in Husband and WIfe's name. Should this vehicle be lost, stolen, destroyed or sold prior to the transfer of ownership interest to Husband, the proceeds from insurance or any other source for the value of the vehicle shall be Husband's sole and exclusive property. 111. Employment Benefits. Husband retains all right, title and interest to all pension, 401 (1<), savings accounts, benefits or other accounts through his employer, the City of Harris burg. B. Wife's Property. The following property shall become the sole and exclusive property of Wrre: i. Real Property, The residence located at 3539 March Drive, Camp Hill, Gunberland County, Pennsylvania 17011, which is subject to a duly recorded first mortgage with Aurora Loan Services, Account Number 0011736642, with an original loan amount of one hundred and fifteen thousand dollars ($115,000.00). ii. Personal Property. The 1997 Plymouth Grand Voyager automobile Vehicle Identification Number 2P4GP44R71R713235, which at the time of separation was registered and titled in Husband and WIfe's name. Should this vehicle be lost, stolen, destroyed or sold prior to transfer of ownership interest to WIfe, the proceeds from insurance or any other source for the value of the vehicle shall be Wife's sole and exclusive property. C. Satisfactoty Division of Other Marital and Non-Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all other marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other Page 3 of 13 securities, individual retirement accounts, 401(1<), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible, D. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property as follows: execution of deeds, assignments, titles or other instruments necessary and appropriate to divide real property listed above shall be completed within three (3) years of the date of the final decree in divorce; execution of instruments necessary and appropriate to divide personal property listed above shall be completed within thirty (30) days of the date of the final decree in divorce, E. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save hannless the other party from any claim or Iiabiliry that such other party may suffer or may be required to pay on account of such lien or encumbrance. F. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, securiry interest, encumbrance or charge except those which are disclosed herein. G. Equitable Division. Bytllls Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have detennined that an equitable division of such property confolTI1S to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. Page 4 of 13 H. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and W:fe forever relinquishes any right, title or interest she may now or hereafter have in anyr.mgible or intangible assets now belonging to Husband. I. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 3. Debts. Husband and W:fe agree to be responsible for the joint debts of the parties as follows: The loan from the Bank of New York, Account Nwnber 08000003710394, for the original amount of fifteen thousand dollars ($15,000.00), held in the names of Husband and W:fe, shall be the responsibility of, and assumed by, the Husband. Husband and W:fe shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the c1ate of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 4. Liabilities. All debts, contracts, obligations or liabilities incurred at anytime in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and delThmds whatsoever with respect thereto, and from all costs, Page 5 of 13 legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save hannless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein, 5. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and! or the dissolution of their mamage. 6. Alimony. In lieu of traditional alimony payments to Wrte for her separate support and maintenance, Husband shall pay to Wrte the sum of three thousand five hundred ($3,500.00) Dollars within thirty (30) days of the date of the divorce decree and an additional one thousand five hundred ($1,500.00) within two years of the date of the divorce decree. The panies agree that the entire amount being paid to Wrte pursuant to this paragraph is not to be included and is not intended to be included with the income of Wrte within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. 7. Child Support. A Monetary Support. Husband shall pay to Wrte for the use, benefit, support and maintenance of the minor children, the sum of one hundred ($100.00) Dollars per week. The suppon payments set fonh herein shall continue until the children shall complete high school, become emancipated, many, die or anain age eighteen (18), whichever first occurs, at which time they will be reduced proponionately. Upon the younger child's completing high school, becoming Page 6 of 13 emancipated, marrying, dying, or attaining age eighteen (18), whichever fim occurs, the support payments shall tenninate. B. Health Insurance. Husband shall provide Blue Cross, Blue Shield, Major Medical or equivalent coverage for the benefit of the children for so long as he is obligated to contribute to their support pursuant to the provisions of this agreement. C. Unreimbursed Medical Expenses. Unreimbursed medical, dental and orthodontic expenses shall be divided between the parties with Husband paying fifty (50%) percent and Wie paying fifty (50%) percent. D. Adjustment. Wie acknowledges that the provisions herein made for the support, maintenance and education of the children are fair, adequate, reasonable and satisfactoty to her, The parties agree that in the event of a material change in the cost of living or the financial circumstances of either parry, or of a change in the present custody arrangement, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction. E, Tax Exemptions. It is specifically and mutually understood and agreed and recognized by and between the parties hereto that Husband shall have the right to claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for Cllase K. Kyle during the time that both children are eligible to be claimed as tax exemptions. Wie will not interfere in any way or take any step or do any act which would interfere with Husband securing the benefit of such tax exemptions. F. Post-Secondary Education Support. The parties agree that each shall contribute to the post- high school expenses incurred by their children that exceed funds received from grants, scholarships, children's earnings, education loans and funds available from Uniform Gift to Minors Accounts or other accounts established for the children's post-high school education. Post-high Page 7 of 13 school expenses are defined as tuition, books, and room and board only. This obligation shall continue until each child reaches the age of 23, or graduates, whichever occurs first. Husband's obligation is conditioned upon Husband's being actively consulted in the selection of an appropriate post-high school education for each child; taking into consideration the parents' then financial ability and economic circumstances, and the children's needs, desires, talents, and aptitudes for post-high school education. In no event shall either party be required to pay more than 50% of post-high school education costs for any child, 8. Custody, A. The parties agree that the legal custody of their children shall be joint, with both parties having the right to make major parenting decisions affecting each child's health, education and welfare. Primary physical custody shall be with Wie, with Husband to have partial physical custody in accordance with a schedule set forth below. During such times as each child resides with the parties as set forth above, the parent having physical custody shall be responsible for all aspects of child care, including medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or any illness. B. The following shall constitute a minimum schedule for partial custody of the children with Husband: I. wee (3) overnight stays per week ii. One (1) week vacation upon one month's prior notice. C. Husband may have the children at othertimes as the parties may mutually agree. D. Unless otherwise agreed to by the parties, the following shall constitute the parties' responsibilities for transportation of the children for the purpose of exercising Husband's schedule for partial custody: Page 8 of 13 i, Husband shall be responsible for transportation of the children from Wife's residence when exercising his custodial rights pursuant to this agreement. ii. WIfe shall be responsible for transportation of the children from Husband's residence at the conclusion of Husband's partial custody pursuant to this agreement. iii. The party relinquishing physical custody of the children pursuant to this agreement shall make the children available to the party assuming physical custody of the children at the relinquishing party's place of residence. E. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. 9, Life Insurance. At the time of this agreement Husband maintains three (3) life insurance policies insuring his life, The children shall be named as sole irrevocable beneficiaries on these three existing policies insuring Husband's life and Husband shall maintain said policies until the youngest living child artains age 21. Should any of said policies insuring Husband's life lapse or become unavailable for any reason whatsoever, Husband shall obtain new insurance for an amount equal to the death benefit amount of the insurance at the time of this agreement and the children shall be named as sole and irrevocable beneficiaries on such insurance. 10. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and! or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Page 9 of 13 11. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 11. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold hannless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wtfe from any inaccurate representation made by or on behalf of either Husband or Wtfe to the other in this Agreement, any breach of any of the warranties made by Husband or Wtfe in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemniry pursuant to the terms of this Agreement. Page 10 of 13 12. General Provisions. 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. 13. Fair and Equitable Contents. The parties acknowledge that they have had the opponunityto have the provisions of this Agreement and their legal effect fully explained to the parties by their respective counseL Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection and that each fully understand the facts and his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having had the opportunity to receive such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue ir1fluence and that it is not the result of any collusion or improper or illegal agreement or agreements. 13. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attomey in any action or proceeding to compel performance hereunder. 14. Execution of Documents. Each party shall on demand execute any other docwnents that may be necessary or advisable to carry out the provisions of this Agreement. 15. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. Page 11 of 13 16. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. Merger. In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this agreement shall be incorporated, but not merged into such judgment or decree. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: ~~\kD ~ C'~ L!!2:C Page 12 of 13 COMMONWEALTH OF PENNSYL VANIA COUNTIOF ~Il~~i'\ ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Merideth L. Kyle, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this Jf)-+t--.. day of _U-~Ioe..Y"' ,2005. COMMONWEAlTH OF PENNSYLVANIA Notarial Seal Janette Aloe Poly, Notary PubIc City 01 Harristug. DauphIn ColXlty My CornrnIs.b, EJcpIms J\J1e 13, 2008 Member, Penna)lfvarn. Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTIOF ~ GO~~~ ~~,~\:o Public My Commission Expires: ::I'UfC\.Q.... \3; d-.OJ() Y ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, David C. Kyle, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this _I iz, ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal BarbaraJ. Baker, Notary Public CityofH.ar~isburg, Dauphin County My Commlss!on Fxpires Aug. 13, 2007 Member, Pennsylvan;~A~SoClation of Notaries day of 00J"()hP r . ,200('" 0 ~~C'-'- ~~ r)o-L-u No ry Public My Commission Expires: tlu ~ 1-3 I CJ Cv '7 Page 13 of 13 .----.--------/ ("") ~:J ~ -' -,I :.-~ - \'.) -,~ 1"'--; . tJ Co) .-<. '" , , , , , , . . . . . . . . . . . . . . , . . . . . . :f.:t:+.:+. :+.:+.:t: Of. :+. :+.:+.;+.:+. :f.:f.:fO :f. :f. :+;:f.:+. . :+.:f.:+:+."':f.+.+:+.+:f.;t;:+. :f.++:t::+.'+'+:+. +:+.:t;;t'++.Cfc:+.++++ . . > IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY MERIDEl'H L. KYLE, PENNA. STATE OF PLAINTIFF No. 02-3818 (CIVIL) VERSUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+=:+.:+. Of DAVID C. KYLE, DEFENDANT DECREE IN DIVORCE ~h",.."'7L,.:J 7 2oo!:,-, IT IS ORDERED AND AND NOW, MERIDEl'H L. KYLE DECREED THAT , PLAINTIFF, DAVID C. KYLE AND , 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; None. /L5X4 PROTHONOTARY +:+.+:+.+:+.+:+. :+. :+. +:+.:+:+.:+.++:+.+++++:+++:+.+:++ +:+.+:+.+++ +:+.+ ++++:+.+:+.+:+.+:+.:+.+:+.++:+:+.++++:+.+ > > . . . . . . . . . . > . > . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . > . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . .' ~ h' ?".,.n ry-J,I., ='o/~ 2~w'~'F"? sO' (j1!1 / /<;0' (jl-I / , . .. ~~. .' ~.... '.. ,.