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HomeMy WebLinkAbout02-4512F:/FI LES/DATAFILE\Gendoc cur/10612 dcom I/td¢ Created 09/18/02 10:06:28AM Revised: 09/18/02 l0 I5:53 AM SCOTT SAILHAMER, Plaintiff ELIZABETH SAILHAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- C1VIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divome is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone(717)249-3166 SCOTT SAILHAMER, Plaintiff ELIZABETH SAILHAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- yx'/~ CIVIL ACTION - LAW IN DiVORCE COMPLAINT 1. Plaintiff is Scott Sailhamer, who currently resides at 224 Roxbury Road, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Elizabeth Sailhamer, who currently resides at 1312 Hade Road, St. Thomas, Pennsylvania 17252. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 10, 1997 in Shippensburg, Pennsylvania. 5. 6. 7. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By ~ ~ Thomas J. V~liams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 18, 2002 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, ! have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Scott Sailhamer v F: ~FILF~kDAT/kF1LE\Gendoc. cur\ 10612 -aflser/td~ Created: O9/18/02 10:06:28 AM Revised: 10/11/0202:46:01 PM SCOTT SAII,HAMER, Plaintiff ELIZABETH SAIl HAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4512 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Elizabeth Sailhamer at 1312 Hade Road, Chambersburg, PA 17201 on September 27, 2002, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Elizabeth Sailhamer" and dated September 30, 2002. Thomas J. Williar~Esquire Sworn to and subscribed before me this// day of October, 2002. k,..~Notary Public NOTARIAL SEAL TRICIA D. ECKI~NI~IOAD, NOtary Public ~a. rllale 9oro,, ~uml~rl_and C~unt~ r rrl r Certified Fee · Return Receipt Fee [Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees rtl I:~ or PO Box No. · Complete Items 1, 2, and 3. Also complete it~ 4 if Restricted Delivery is desired. I~ ~ your name and address on the reverse m l~at we can return the card to you. · ~aach this card to the back of the mailplece, or on the front if space permits. 1. ~N~lcle Addressed to: D. la delivery addmes different flora item 17 If YES, enter delivery address below: [] No 3, Service Type l Certified Mail [] Express Mail I [] Registered [] Return Receipt for Merchendlee [ -- [] Insured Mai~l ~ C.O.D~ ~ ~4. RestdctedDelivefy?(ExtraFee) '~Yes 2. Article Number PS Fo~ 3811, A~ ~I ~ ~ ~m 102595-02~ SCOTT SAILHAMMER, Plaintiff V. ELIZABETH SAILHAMMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4512 CIVIL ACTION -LAW 1N DIVORCE COUNTERCLAIM FOR ALIMONY PENDENTE LITE AND NOW, comes Elizabeth Sailhammer by and through her privately retained counsel, Mark F. Bayley, Esquire and avers as follows: 1. The parties were married on May 10, 1997, in Cumberland County. 2. Plaintiff filed a divorce Complaint on September 19, 2002. 3. There will be litigation regarding the parties' marital property. 4. Defendant, Elizabeth Sailhammer currently has inadequate funds to put her on equal grounds regarding divorce litigation. WHEREFORE, Defendant respectfully requests that an Order for Alimony Pendente Lite be granted. Date: October 18, 2002 Respectfully submitted, ROMINGER & BAYLEY Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Defendant SCOTT SAILHAMMER, Plaintiff V. ELIZABETH SAILHAMMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2002-4512 CIVIL ACTION -LAW : : : IN DIVORCE VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for, Elizabeth Sailhammer, Defendant, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unswom falsification to authorities. Date: /~//fif/~ ~2~ Mark F. Bayley, Esquire Attorney for Defendant SCOTT SAILHAMMER, Plaintiff Vo ELIZABETH SAILHAMMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4512 CIVIL ACTION -LAW . : : IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Counter Claim for Alimony Pendente Lite upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas J. Williams MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Dated: October 18, 2002 Mark F. Bayley, Esquire Attorney for Defendant SCOTT SAILHAMMER, Plaintiff ELIZABETH SAILHAMMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4512 CIVIL ACTION -LAW : : IN DIVORCE MOTION FOR ALIMONY PENDENTE LITE AND NOW, comes Elizabeth Sailhammer, by and through her privately retained counsel, Mark F. Bayley, Esquire and in support of her Motion for Alimony Pendente Lite avers as follows: 1. The parties hereto are husband and wife, having been joined in marriage on May 10, 1997 in Cumberland County. 2. There was a divorce action filed by Plaintiff on September 19, 2002. 3. Your Petitioner, Elizabeth Sailhammer currently has inadequate funds to put her on equal grounds regarding divorce litigation. WHEREFORE, your petitioner prays this Honorable Court to Order Alimony Pendente Lite in amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, ROMINGER & BAYLEY Mark F. BaYley~squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff Date: SCOTT SAILHAMMER, Plaintiff ELIZABETH SAILHAMMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2002-4512 CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion for Alimony Pendente Lite upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Dated: Mark F. Bayley, Esquire Attorney for Defendant F:~FILES~DATAFILE\G-endoc cur\10612-dacc, l/tde Created: 09/18/02 10:06:25 AM Revised: 09/30/02 04:36:40 PM SCOTT SAILHAMER, Plaintiff Vo ELIZABETH SAILHAMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4512 : IN DIVORCE CIVIL ACTION- LAW ACCEPTANCE OF SERVICE. I, Elizabeth Sailhamer, Defendant in the above action, accept service of the Divorce Complaint and certify that I am authorized to do so. ~t~- ~ ~o- o'r-- ~z Date Defendant or ed Agent F:\FILES~DATAF1LE\Gendoc.cur\ 10612.sti/tde Created: 12Z'~ 97 10:14:?4AM Revised: 12/19/02 10:46:06 AM 106121 SCOTT SAILHAMER, Plaintiff Vo ELIZABETH SAILHAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4512 CIVIL ACTION - LAW IN DIVORCE STIPULATION AND NOW, comes the parties hereto, by and through their attorneys of record, and hereby enter the following the stipulation: 1. Wife has a 401 (K) Plan which is marital property. She is desirous of cashing it in and has asked Husband to sign off. Husband agrees to sign off and the parties agree that the value of the 401 (K) Plan will remain marital property subject to the equitable distribution claim of Husband. 2. The parties have two motor vehicles both titled in joint names as follows: 1. 1993 Chew S-10 Blazer 2. 2000 Kia Sportage Wife has been using the 2000 Kia Sportage and Husband has been using the 1993 Chevy S- 10 Blazer. The titles to both vehicles are encumbered by a lien for financing. Husband hereby waives any claim to the 2000 Kia Sportage and Wife hereby waives any claim to the 1993 Chevy S- 10 Blazer. Both parties will be solely responsible for the financing associated with their respective vehicles as described above, and shall indemnify, defend and save the other harmless from any claim with respect thereto. Each party shall have exclusive possession and control of the vehicle assigned to them and will execute a title transferring ownership whenever requested to do so, it being understood that the titles are currently being held by the financing company. MARTSON DEARDORFF WILLIAMS & OTTO/ n Thomas J. William~,JEsquire Ten East High Stree~ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: iCt. --~O -- ~5 > ROMINGER & BAYLEY Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant Date: I Z ,.- Z ~ ,~. & DEC 8 0 2OO2 SCOTT SAILHAMMER, Plaintiff/Respondent VS. ELIZABETH SAILHAMMER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO.N - DIVORCE NO. 2002-4512 CIVIL TERM IN DIVORCE Pacses# 400105294 ORDER OF COURT AND NOW, this 18th day of March, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda3~ OnAl~ri115, 2003 at IO:30A.M for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 3-18-03 to: < Respondent Mark Bayley, Esquire Date of Order: March 18, 2003 ?"~\ , YOU HAVE THE RIGHT TO A LAWYER, WltO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SCOTT SAILHAMMER, Plaintiff Vo ELIZABETH SAILHAMMER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-4512 CIVIL ACTION -LAW · IN DIVORCE _MOTION FOR ALIMONY PENDENTE LITE AND NOW, comes Elizabeth Sailhammer, by and through her privately retained counsel, Mark F. Bayley, Esquire and in support of her Motion for Alimony Pendente Lite avers as follows: 1. The parties hereto are husband and wife, having been joined in marriage on May 10, 1997 in Cumberland County. 2. There was a divorce action filed by Plaintiff on September 19, 2002· 3. Your Petitioner, Elizabeth Sailhammer currently has inadequate funds to put her on equal grounds regarding divorce litigation. WHEREFORE, your petitioner prays this Honorable Court to Order Alimony Pendente Lite in amount equal to the Pennsylvania State Support Guidelines. Date: Respectfully submitted, ROMINGER & BAYLEY Ma~ F. Ba~'5~squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff SCOTT SAILHAMMER, Plaintiff ELIZABETH SAILHAMMER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-4512 CIVIL ACTION -LAW · IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Motion for Alimony Pendente Lite upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Dated: Mark F. Bayley, Esquire Attorney for Defendant F:\FILES\DATAFI LE\General\Document s\ 10612-1 .notwalmart\tde Created: 12/22/97 10:14:24 AM Revised: 05/13/03 03:04:21 PM SCOTT SAILHAMER, Plaintiff Vo ELIZABETH SAILH~ER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4512 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) Plaintiff's counsel contacted Defendant's counsel and Defendant's counsel waived (2) (3) (4) the twenty (20) day Notice of Intent to Serve Subpoena; a copy of the proposed subpoena is attached to this certificate, no objection to the subpoena has been received, and the subpoena which will be served is identical to the subpoena which is attached. Date: MARTSON DEARDORFF WILLIAMS & OTTO BYThomas J. ~li , q ' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:XFILES~DATAFILE\General~Documents\ 10612-1 .walmartsub Created: 5/13/03 2:37:52 PM Revised: 5/13/03 2:56:44 PM SCOTT SAILHAMER, Plaintiff ELIZABETH SAILHAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4512 CIVIL ACTION - LAW IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wal-Mart, 1730 lJincoln Way East, Chambersburg, PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all emplownent records of Elizabeth Sailhamer, SS# 196-66-9020, including without limitation, employee benefits booklet, retirement plan, health insurance benefit, paystubs, correspondence, applications, discliplinarg matters, attendance, promotions, job descriptions and the like. at: The Law Offices ofMartson DeardorffWilliams & Otto, 10 East High Street, Carlisle, PA 17012 at q'f}0 a m on hme 1 '~. 9002. at g.f}0 a m You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Attorney's Name: Thomas J. Williams. Esquire Identification Number: 17~19. Address: Ten East High Street. Carlisle. PA 17013 Telephone Number~(717) 243-3341 Attorney for: Plaintiff BY THE COURT: By (Prothonotary) Seal of the Court CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Certificate Prerequesite to Service of Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Dated: May 13, 2003 MARTSON DEARDORFF WILLIAMS & OTTO ia D. Ec~enroa~' Ten East High Street Carlisle, PA 17013 (717) 243-3341 In the Court of Common Pleas of C~ERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SCOlT M. SAILHAMER, Plaintiff/Respondent VS. ELIZABETH A. SAILHAMER, Defendant/P~titioner ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-4512 CIVIL 400105294 ORDER AND NOW, to wit on this 18TH DAY OF JULY, 2003 IT IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or (~) Other APL CONFERENCE REQUEST filed on MARCH 12, 2003 in the above captioned matter is dismissed without prejudice due to: THE MATTER NOT BEING PURSUED THROUGH THE DOMESTIC RELATIONS SECTION. ~) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Mark Bayl~y, Esquire Thomas Willie~ns, III, BY THE COURT: Edward E. ~ Guido /3DGE Form OE-506 Service Type M Worker ID 21005 SCOTT SAILHAMER, Plaintiff ELIZABETH SAILHAMER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4512 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 19, 2002. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI 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 inunediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworu falsification to authorities. t ! Scott Sailhamer, Plaintiff SCOTT SAILHAMER, Plaintiff ELIZABETH SAILHAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4512 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 19, 2002. I acknowledge receiving a tree and co~Tect copy of the Divorce Complaint, said copy being aerved upon me by Certified Mail, Restricted Delivery, on September 30, 2002. I 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI 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 Com-t 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 and waiver 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: e~, I~efendant - ~ MARITAL SETTLEMENT AGREEMENT This Agreement, made this ]-14& day of [I,/,~' ,2003, by and betwe¢ SCOTT M. SAILHAMER (hereinafter referred(/t° a~/ "ttusband") of 224 Roxbury Roac Shippensburg, Pennsylvania and ELIZABETH SAILHAMER (hereinafler referred to as "Wife") c 1312 Hade Road, Chambersburg, Pennsylvania. WHEREAS, the parties hereto are Husband and Wife, having been married on May 10, 199 in Shippensburg, Pennsylvania, and are the parents of Brooke Victoria Sailhamer, bor December 31, 1996; and WHEREAS, difficulties have arisen between the parties as a result of which they now desir to live separate and apart and by this Agreement, to settle all financial and property rights betwee them; and WHEREAS, this Agreement is being made in contemplation of a divorce action being file concurrently with the execution hereof; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtai independent legal advice of counsel of their selection, and that before signing this Agreement, cae has either been fully advised by counsel of their rights and. obligations under the law and thi Agreement, or else have waived their fight to legal advice. ]:',ach party hereby confirms that he she has read carefully and fully understands the terms, conditions and provisions of this Agreeme and believes same to be fair, just, adequate and reasonable under the existing facts an circumstances. The parties further declare that each is executing the Agreement freely an voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreeme~ they have been fully advised by their respective counsel of their rights and obligations, have rea carefully and understand the terms of this Agreement, and have fi'eely consented to this Agreemen believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent ora property which would be considered "marital property" under 1;he Pennsylvania Divorce Reform Ac whether titled or owned separately or jointly as well as the value and extent of nonmarital properl held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forl herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or conlzol by the other as fully as if he or sl~ were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with an person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishe her inchoate intestate right in the estate of Husband, and each of the parties hereto by these present: for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, qu claim and forever discharge the other party hereto, his or he.r heirs, executors, administrators ¢ assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suil at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitte or suffered to be done by said other party prior to and including the date hereof; further, the partie acknowledge that all rights under the Pennsylvania Dive,rce Code that are not specificall incorporated herein are hereby expressly waived. Notwithstanding the foregoing language o f thi paragraph, this release shall in no way exonerate or discharge e![ther p arty hereto from the obligation and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have ag,dnst the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301(c) of the Pennsylvani Divorce Code filed in the Court of Common Pleas of Cumberland County, No. 2002-4512 and, connection therewith, to execute and acknowledge whatever consents or other documents that a necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. TI: terms of this Agreement shall be incorporated but not merged[ into any Divorce Decree which ma be entered with respect to the parties, and the court shall retain continuing jurisdiction over tl parties and the subject matter of this Agreement for the purpose of enforcement of any of tl~ provisions hereof. 4. DEBTS: Both parties agree that, in the future, neither shall eanse or permit to be charged to or agaim the other any purchase or purchases which either of them may hereafter make and shall not hereaf create any engagements, debts or obligations in the name of or against each other. Except specifically provided herein, each agrees to hold the other free and harmless from any and all debl and other obligations which he or she may have incurred since the date of the separation and agree to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: A. AUTOMOBILES: Each party shall enjoy exclusive possession of the vetficle in their possession. Each part shall be solely responsible for any debts pertaining to his or her said vehicle and shall indemnit5 defend and hold the other harmless from any claim with respect thereto. If there are any lien outstanding, the parties shall remove the name of the other from the title as soon as it is available t do so. B. OTHER PERSONAL PROPERTY: The parties have heretofore divided the property, both real and personal, which they owne either together or separately and such division and apportiomnent is hereby confirmed. 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transferring of her right, title and interest of the marital residence located at 224 Roxbury Road, Shippensbu Cumberland County, Pennsylvania to Husband in a form satisfactory to Husband's mortgal company. The deed shall be held in escrow by Mark Bayley, Esquire and tendered to Thomas Williams, Esquire upon receipt of the payment referred to in Section 7 hereof. Husband shall I: solely responsible for all expenses, taxes, insurance, upkeep axtd any other expense connected wit the marital residence, as well as a Beneficial Home Equity Loan on the marital residence. Husban shall indemnify, defend and hold Wife harmless with regard to any claims arising out of the marit residence. Husband agrees to refinance the marital residence as soon as practical thereby removlr Wife's name from both the first and second mortgages. 7. CASH: Husband shall pay to Wife the sum of $4,300.00 8. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenan of this Agreement on his or her part to be performed, the non-defaulting party shall have the rig'. to sue for specific performance or damages for the breach of this Agreement, and the defaulting par shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party · attorney in any action or proceeding to compel the defaulting party s due performance hereund, as well as costs for bringing the action or proceeding. If either party challenges the validity of th Agre~nent and the challenge is not successful, the challenging party shall similarly reimburse ti defending party for all expenses and losses incurred in the defense. 9. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate purpose of this Agreement. In the event that either party shall refuse or fail to execute and acknowledge any such document, then the other party shall have, and is hereby granted, the right ~ power to appoint one or more times any person or persons of:his or her choosing as attorney-in-fa for the other party to so execute and acknowledge such documents. 10. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambigui herein, Husband and Wife agree that this Agreement was prepared jointly by their respecti, attorneys. 11. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of ti other, all items of property, be they real, personal or mixed, tangible or intangible, which is or h been acquired by him or her after the date of separation, with full power in him or her to dispose lc ts ~f the same as fully and effectively, in all respects and for all purposes, as though he or she wet umnarried. 12. ADDRESS AND TELEPHONE NUI~[BER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of thi Agreement, each party shall have the affirmative obligation to keep the other informed of his or he residence address and telephone number, and shall promptly notify the other in writing of any than of address by giving the new residence address and telephone number. 13. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the fi~ and complete settlement of all matters between them and supersedes any prior written or or~ agreements between them respecting the within subject ma'Iter. There are no representatiom agreements, arrangements or understandings, oral or written, between and among the parties heret relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writin executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written conset of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall deemed an original for all purposes, and all of which together shall constitute one and the sm instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executo administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement sh: be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed reference to the Court of Common Pleas of Cumberland County, Pennsylvania. Witness: ~ ./, {F~.'~¢-~ ~j H. The failure to strictly enforce anypart of this Agreement shall not be deemed a waive thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other pa] of this Agreement. I. All payments or communications pertaining to raatters provided for in this Agreeme~ may be made or given if delivered or mailed to a party, at such address as either party shall designat to the other in writing from time to time, or, if no such designation is made, then to the address set forth above. J. Titles are for convenience and ease of reference only and are not to be considered p; of the Agreement for purposes of interpretation. K. The term o f this Agreement shall continue indefinitely from the effective date hereo and shall, to the extent possible, survive any future reconciliation of the parties unless the, specifically provide otherwise in writing. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals the day an year first above written, intending to be legally bound hereby. ~'¥~"f~' ~c~tt M. Sailham ~ ): SS. COUNTY OF ~ ) ou this, th~d~dayof ldq ,~ before me, the undersigned officer, personall appeared Scott M. Sailhamer known to me (or satisfactorily proven) to be the person whose nam is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ) ~-- NOTARIAL SEAL .... ): ss. [ 9'RICIA D ECKENROAD, Nota~J Public~ COUNTY OF ) On this, the/7 Zg. day of '~ O [~ ~o , , before me. the undersigned officer, personall, appe~ed Elizabeth Sailhmer, ~own ~o me (or satisfactorily proven) to be ~e person whose nm; is subscribed to ~e within instrument, ~d ac~owledged that she executed the sine for th~ pu~oses therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J ~ota~ sea I ~ J. Jumper, I'~ Public /~ c~rm~.~' cum~e~and Cou~ ~ ' ..~.~ j SCOTT SAILHAMER, Plaintiff ELIZABETH SAILHAMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-451:2 CIVIL ACTION ~ LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORI~ TO THE PROTHONOTARY: Transmit the record, together with the following infon~ation, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 33019c) of the Divorce Code. 2. Date and manner of service of the complaint: See Affidavit of Service, as filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301(c) of the Divorce Code; September 4, 2003; by the Defendant; September 14, 2003. 4. Related claims pending: None. 5. Date Plaintiff' Waiver of Noticein §3301(c) Divorce was filed with the Prothonotary: September 5, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 7, 2003. MARTSON DEARDORFF WILLIAMS & OTTO BYThS~/~ ~ mas J. Willia(ns] Esquire Ten East High Str~fft Carlisle, PA 17013 (717) 243-3341 Date: October 8, 2003 Attorneys for Plaintiff IN THE COURT Of COMMON PLEAS Of CUMBERLAND COIJ NTY STATE OF PENNA. SCOTT SAILHAMER NO. :!002-4512 VERSUS ELIZABETH SAILHAMER DECREE IN DIVORCE AND NOW, October ~ ~/ 2003 , IT IS ORDERED AND DECREED THAT SCOTT SAILHAMER , PLAINTIFF, AND ELIZABETH SAILHAMER , 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; A Marital Settlement Agreement dated July 17, 2003 is herby incorporated but not merged into this decree. ATTEST: PROTHONOTARY