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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
STATE OF
CATHERINE F. TOME,
Plaintiff
VERSUS
HENRY H. TOME,
Defendant
AND NOW,
DECREED THAT
AND
No. 00-1283 CIVIL TERM
DECREE IN
DIVORCE
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c:;t- ~:J7q.iVI.
2000 , IT IS ORDERED AND
CATHERINE F. TOME
, PLAINTIFF,
HENRY H. TOME
, 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. The Post-Nuptial Agreement dated May 24, 2000 is hereby
incorporated but not merged into this Decree.
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ATTEST:
PROTHONOTARY
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POST-NUPTIAL AGREEMENT
THIS AGREEMENT made and entered into this.;24Way of ~ ,2000 by and
between:
CATHERINE F. TOME, of 2649 Black Oak Drive, Niles
Ohio 44446, party of the first part, hereinafter called
"Wife")
AND
HENRY H. TOME, of5601 Moreland Court, Mechanicsburg,
Cumberland County, Peunsylvania, party of the second part, hereinafter
called "Husband";
WITNESSETH:
WHEREAS, Husband and Wife were married to each other on February 9, 1991 in
Trumbull County, Ohio and last resided together at 5601 Moreland Court, Mechanicsburg,
Cumberland County, Peunsylvania; and
WHEREAS, during their marriage the parties accumulated various assets and property
which is more fully itemized and identified in a certain list or schedule attached hereto marked
"Exhibit A" and incorporated herein by reference thereto; and
WHEREAS, certain differences have arisen between the parties, as a consequence of
which they have separated and now live separate and apart from each other; and
WHEREAS, Wife commenced an action in divorce docketed at No.00-1283 in the
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Court of Common Pleas of Cumberland County, Peunsylvania (hereinafter called "Divorce
Action"); and
WHEREAS, Wife is represented by Philip H. Spare, Esquire of the firm of Snelbaker,
Brenneman & Spare, P. C. and Husband has upon his own accord freely and voluntarily elected
not to retain legal counsel although he has been informed of his right to do so and ofthe
advisability of doing so; and
WHEREAS, the parties having a full opportunity to be advised of their respective rights,
duties and obligations arising out of the marriage and each having a full opportunity to
investigate and evaluate the assets, liabilities and all other aspects of each other's property and
their jointly owned assets and liabilities, have come to an agreement for the final settlement of
their property and affairs.
NOW THEREFORE, in consideration of these presents and the mutual covenants,
promises, terms and conditions hereinafter set forth and to be kept and performed by each party
hereto, and intending to be legally bound hereby, the parties mutually agree as follows:
1. lNCORPORA nON OF PREAMBLE. The foregoing preamble and paragraphs
are incorporated by reference herein in their entirety.
2. DECLARA nON AS TO ASSETS AND WAIVER OF EV ALVA nON.
The parties agree that the items of property set forth in "Exhibit A" are all of the assets
which they acquired during their marriage and which would be the subject of equitable
distribution if submitted to a court for division under the provisions of the Peunsylvania
Divorce Code. The parties declare and agree that they are familiar with said assets and hereby
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waive the evaluation thereof, although each party declares that shelhe has had full opportunity
obtain such evaluation.
3. MARITAL HOME. The parties acquired a condominium known and numbered as
5601 Moreland Court ("Premises"), Mechanicsburg, Cumberland County, Pennsylvania during
the marriage. The property was conveyed to the parties by deed recorded in Deed Book 209,
Page 1069 in the Recorder of Deeds Office in and for Cumberland County, Peunsylvania. A
lien exists against the premises evidenced by a mortgage to Financial Trust recorded in
Mortgage Book 1576, Page 975 in said Recorder of Deeds Office.
Husband shall use his best efforts to sell the Premises without use of a real estate agent
or broker and Wife shall fully cooperate with those efforts. Husband shall have until the end of
September 2000 to close on the Sale of the Premises without use of a real estate agent or
broker. Wife may extend the September 2000 deadline in her sole discretion, if a sale is
imminent. If Husband is successful in selling the Premises without use of a real estate agent or
broker, at closing:
A. Husband shall be solely responsible for payment of all closing costs;
B. Husband shall receive the first five thousand dollars ($5,000.00) in sale proceeds;
and
C. Wife shall receive all of the remaining proceeds from the sale.
In the event the Premises is not sold by the end of September 2000, the Parties shall
promptly list the Premises for sale with a reputable real estate agent or broker chosen by Wife at
a reasonable listing price to be determined by Wife. At the closing involving use of a realtor:
A. Husband shall be responsible for payment of all closing costs, with the exception of
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Wife contributing one-half (1/2) of the realtor's commission;
B. Husband shall receive the fIrst fIve thousand dollars ($5,000.00) in sale proceeds;
and,
C. Wife shall receive all of the remaining proceeds from the sale.
Husband shall be solely responsible for payment of all costs and expenses related to the
Premises beginning in March 2000, including, but not limited to mortgage payments, real estate
taxes, maintenance, repairs, association fees, and insurance. Husband may use the remaining
balances of the Keystone Financial checking account for said costs and expenses.
Until such time as the Premises is sold and the sale proceeds are distributed pursuant to
the terms of this Agreement, Wife shall remain the named benefIciary on Husband's life
insurance policy.
4. DIVISION OF ASSETS. Upon the execution of this Agreement and except as
otherwise provided, the parties agree to divide, allocate, retain and/or transfer the assets shown
on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit
A"):
A. ASSETS TO WIFE
1. Pension, profIt-sharing, retirement or similar benefIts from Wife's employers;
2. Household goods, furniture, personal effects and all other items of tangible
personal property currently in Wife's possession;
3. New York Life Insurance policy on Wife's life owned by Wife, Policy No. 29-
590-247;
11. Portion of the proceeds from the sale of the marital home known and
numbered as 5601 Moreland Court, Mechanicsburg, Cumberland County,
Pennsylvania as set forth in Paragraph 3 ofthis Agreement.
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12. Payment of Five Thousand Dollars ($5,000.00) from Husband, receipt of which
is acknowledged;
B. ASSETS TO HUSBAND
4. State Farm Life Insurance policy on Husband's life owned by Husband, Policy
No. LF-1242-5l62;
5. Boat;
6. Keystone Financial Savings Account No. 0065053464 with a balance of
approximately $5,592.03 as of 2/29/00;
7. Keystone Financial Savings Account No. 006053456 with a balance of
approximately $15,190.27 as of2/29/00;
8. Keystone Financial Checking Account No. 031301192 37403 1688;
9. Pension, profit-sharing, retirement or similar benefits from Husband's employers;
10. Household goods, furniture, personal effects and all other items of tangible
personal property currently in Husband's possession;
11. Portion of the proceeds from the sale of the marital home known and numbered as
5601 Moreland Court, Mechanicsburg, Cumberland County, Peunsylvanla as set
forth in Paragraph 3 of this Agreement.
5. MARITAL DEBT. Parties acknowledge and agree that the only unpaid marital debts
remaImng are:
a. Mortgage debt on marital home (condominium) known and numbered as
5601 Moreland Court through Keystone Financial Mortgage. Husband shall
be solely responsible for payment of this debt and may utiliz:e the balance of
the Keystone Financial joint checking account No. 031301192 37403 1688
toward said debt;
b. Key Bank loan No. 000202617722 used to finance boat. Husband to be
solely responsible for payment of this debt. Husband shall take all steps
necessary to have Wife's name removed from the note and lor loan
documents to reflect the fact that he is solely responsible for all payments. In
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the event Wife's name is not removed form the note and loan documents
within six (6) months of the date of this Agreement, the boat is to be sold
and all proceeds applied to payoff the loan with any remaining balance to be
paid by Husband or any remaining proceeds to belong to Husband;
c. Mellon Bank loan No. 2500 00 00619 used to finance Husband's Ford
Expedition. Husband shall be solely responsible for this debt;
d. Kohl's account No. 027 3471 88803 with an approximate balance of
$1,000.00 as of2/29/00. With the exception ofa $500.00 contribution from
Wife in the form ofa credit at the time of Husband's cash payment to Wife
for the marital home as set forth hereinabove, Husband shall be solely
responsible for this debt;
e. MasterCard account No. 5491 130281742858. Husband shall be solely
responsible for this debt. Wife to have her name removed form this account
as soon as practicable.
Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated
seeking to hold Wife for any of the debts set forth hereinabove, Husband will at his sole
expense, defend Wife against any such claim or demand, whether or not well-founded, and that
he will indemnify and hold harmless Wife 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 Wife.
6. FUTURE OBLIGA nONS. The parties agree that any and all obligations incurred
subsequent to March 3, 2000 shall be the sole and separate liability and responsibility of the
party incurring the obligation and each party agrees that he/she will not incur or attempt to incur
any obligations for or on behalf of the other party and will indemnify and hold harmless the
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other party of and from any and all liability arising from such future obligation.
7. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically
provided to the contrary hereinabove in this Agreement, each party hereby waives and forever
releases the other party of and from any and all claims which either may have against the other
by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other
jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees, costs and expenses, except that the performance of any
obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce
Code.
8. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the
contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is
presently titled in his or her name and ownership, whether or not said property is or would be
deemed to be marital property under the Peunsylvania Divorce Code and each party hereby
expressly releases the other of and from any and all right of equitable distribution in and to said
individually owned property of such other party.
9. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the
estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and
each of the parties hereto by these presents, for himself or herself, his or her heirs, executors,
administrators or assigns, does hereby remise, release, quit-claim and forever discharge the
other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any
and all claims, demands, damages, actions, causes of action or suits at law or in equity of
whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be
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done by such other party prior to the date hereof, except that this release shall in no way
exonerate or discharge either party from the obligations and promises made or imposed by
reason of this Agreement. Ibis Agreement shall not be construed to affect or bar the right of
either party to an action for the enforcement or performance of this Agreement which may be
instituted pursuant to the remedies available under the Peunsylvania Divorce Code.
10. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-
Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by
either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or
permanent, shall affect or modify the terms of this Agreement, but said Agreement may be
enforced by any remedy at law or in equity, including enforcement proceedings under the
Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate
order of court to be entered in the Divorce Action, but this Agreement shall not be merged into
said order or decree in divorce.
11. COOPERATION. The parties agree to cooperate with each other and to make,
execute, acknowledge and deliver such instruments and take such further action as may
hereafter be determined to be requisite and necessary to effect the purposes and intention of this
Post-Nuptial Agreement.
12. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective attorneys. Each party
acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any
duress or undue influence. The parties acknowledge that they have been furnished with all
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information relating to the financial affairs of the other to the extent same has been requested by
each of them.
13. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire
understanding of the parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein. The parties acknowledge and agree
that the provisions of this Agreement with respect to the distribution and division of marital and
separate property are fair, equitable and satisfactory to them based on the length of their
marriage and other relevant factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and demands
that they may now have or hereafter have against the other for equitable distribution of their
property by any court of competent jurisdiction pursuant to the Peunsylvania Divorce Code or
any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any
right to seek a court ordered determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any rights to seek the relief of any
court for the purpose of enforcing the provisions of this Agreement.
14. WAIVER. The waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term, condition,
clause or provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced
according to the laws of the Commonwealth of Peunsylvania.
16. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement
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have been used only for the purpose of convenience and shall not be resorted to for the
purposes of interpretation or construction of the text of this Agreement.
17. BREACH. It is expressly stipulated that if either party fails in the due perfonnance
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
perfonnance 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 perfonnance hereunder.
18. 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.
19. 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 marriage.
20. 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-
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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
Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the
other in this Agreement, any breach of any of the warranties made by Husband or Wife 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 indemnity pursuant to the terms of this Agreement.
21. MODIFICATION. No modification, rescission or amendment to this Agreement
shall be effective unless in writing signed by each of the parties hereto.
22. 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.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals
the day and year first above written intending to legally bind themselves and their respective
heirs, personal representatives and assigns.
WITNESSED BY:
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Catherine F. Tome ' ,
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ExmBIT A
1. Pension, profit-sharing, retirement or similar benefits from Wife's employers;
2. Household goods, furniture, personal effects and all other items of tangible
personal property currently in Wife's possession;
3. New York Life Insurance policy on Wife's life owned by Wife, Policy No. 29-
590-247;
4. State Farm Life Insurance policy on Husband's life owned by Husband, Policy
No. LF-1242-5162;
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Boat;
Keystone Financial Savings Account No. 0065053464 with a balance of
approximately $5,592.03 as of2129/00;
7. Keystone Financial Savings Account No. 006053456 with a balance of
approximately $15,190.27 as of 2/29/00;
8. Keystone Financial Checking Account No. 031301192 37403 1688;
9. Pension, profit-sharing, retirement or similar benefits from Husband's
employers;
10 . Household goods, furniture, personal effects and all other items of tangible
personal property currently in Husband's possession;
11 . Marital Home known and numbered as 5601 Moreland Court, Mechanicsburg,
Cumberland County, Pennsylvania;
12. Five Thousand Dollars ($5,000.00).
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LAW OF'FICES
SNELBAKER,
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STATE OF OHIO )
SS.
COUNTY OF 'rr\C>.-'lr.b0.\f\ 6- )
On this the 3 l :;,"- day of fY\ Oc-c~ ' 2000, before me, a Notary Public
in and for said State and County, the undersigned officer, personally appeared CATHERINE F.
TOME, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within instrument and acknowledged that she executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Pu lic
PAULA G. MONSKE, Notary Public
State of Ohio
My Commission Expires June 17, 2002
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SNELBAKER.
BRENNEMAN
8: SPARE
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COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
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On this the ~4+h day of 1Y\ozr ,2000, before me, a Notary Public
in and for said Commonwealth and County, the undersigned officer, personally appeared HENRY
H. TOME, known to me (or satisfactorily proven) to be the person whose name is subscribed to
the within instrument and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
S'C\.(l~.~ -Ksh~
Notary Public
NOlanal Seal
Sandra K. Showers, Notary Public
Mechal1lcsbuI\l Bora, Cumberland COUnty
My Com<1iSSlOn Expires Nov. 22, 2003
Member, Pennsylvania P-.ssomat;on of Nctanas
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LAW Of:"FICES
SNEL8AKER.
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CATHERINE F. TOME,
Plaintiff
: IN THE COURT OF COMM:ON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1283 CIVIL TERM
: CIVIL ACTION - LAW
HENRYH. TOME,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO: Prothonotary of Cumberland County:
Please transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce
Code.
2. Date and manner of service of Complaint: by certified mail, restricted delivery on or
about March 25, 2000 (see Affidavit of Service filed herein).
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by the Plaintiff: June 29, 2000; by the Defendant: June 29, 2000.
4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff:
June 29, 2000; by the Defendant: June 29, 2000.
5. Related pending claims: None.
SNELBAKER, BRENNEMAN & SPARE, P. C.
Date:.)JL~ 7,2000
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SNEL.BAKER.
BRENNEMAN
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CATHERINE F. TOME,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. O:J. /d.~J CIVIL TERM
CIVIL ACTION - LAW
v.
HENRYH. TOME,
Defendant
IN DIVORCE
NOTICE
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 that the court require you and your spouse to attend marriage counseling prior
to a divorce decree being handed down by the court. A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, Carlisle. 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 DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED
,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TIllS 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 WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P.C.
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LAW OFFICES
SNELBAKER,
BRENNEMAN
8: SPARE
CATHERINE F, TOME,
Plaintiff
IN THE COURT OF C0MJ\10N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. frO - /2 J3 CIVIL TERM
CIVIL ACTION - LAW
HENRY H. TOME,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff CATHERINE F. TOME is an adult individual residing at 5601 Moreland
Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant HENRY H. TOME is an adult individual residing at 5601 Moreland Court,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Both the Plaintiff and the Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing
of this Complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage on February 9, 1991
in Trumbull County, Ohio.
5. There have been no prior actions of divorce or for annulment between the parties
hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph
4, above.
6. Neither party is a member of the armed forces of the United States of America.
7. The marriage is irretrievably broken.
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8. The 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,
9, The Plaintiff requests this Court to enter a decree of divorce,
WHEREFORE, Catherine F, Tome requests this Court to enter a Decree of Divorce ,
divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff
and Defendant.
SNELBAKER, BRENNEMAN & SPARE, P.C.
By~L!:lL
Philip H. Sp e, Esquire -
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
Catherine F. Tome
Date: March 3, 2000
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VERIFICATION
I verify that the statements made in the foregoing Complaint 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.
Catherine F. Tome
Date; March 3, 2000
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CATHERINE F. TOME,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. tr/) - 1.2 F..3 CIVIL TERM
CIVIL ACTION - LAW
HENRYH. TOME,
Defendant
IN DIVORCE
AFFIDAVIT
Catherine F. Tome, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3. Being so advised, I do NOT request that the court require my spouse and I participate
in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
S 4904 relating to unsworn falsification to authorities.
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, Catherine F. Tome
Date: March 3, 2000
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CATHERINE F. TOME,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1283 CIVIL TERM
CIVIL ACTION - LAW
HENRYH. TOME,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
March 7,2000.
2. The marriage of the Plaintiff and the 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 of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I verify that the statements made in this Affidavit are true and correct. I understand
hat false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to
nswom falsification to authorities.
ate: lu.J,~-oo
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, Catherine F. Tome
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CATHERINE F. TOME,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1283 CIVIL TERM
: CIVIL ACTION - LAW
v.
HENRY H. TOME,
Defendant
: IN DNORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNPER SECIION3301(C) OF THE DIVORCE CODE
I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
March 7,2000.
2. The marriage of the Plaintiff and the 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 of a final decree of divorce after service of notice of intention to
request entry ofthe decree.
4. I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to
unsworn falsification to authorities.
Date:
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CATHERINE F. TOME,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1283 CIVIL TERM
CIVIL ACTION - LAW
HENRYH. TOME,
Defendant
IN DIVORCE
PLAINTIFF'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, lawyer's
fees, or 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.
4. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to
unsworn falsification to authorities.
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CATHERINE F. TOME,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1283 CIVIL TERM
CIVIL ACTION - LAW
HENRYH. TOME,
Defendant
IN DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DNORCE 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, lawyer's
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 immediately after it is filed with the
prothonotary.
4. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to
unsworn falsification to authorities.
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CATHERINE F, TOME,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1283 CIVIL TERM
CIVIL ACTION - LAW
HENRYH. TOME,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
)
Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is
a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for
Catherine F. Tome, Plaintiff in the above captioned action in divorce; that on March 21,2000, he
did send to Defendant Henry H. Tome by certified mail, return receipt requested, restricted
delivery, a duly certified copy of the Complaint in Divorce which was filed in the above
captioned action as evidenced by the attached cover letter dated March 20, 2000 and Receipt for
Certified Mail No. Z 229 661 907; that both the Complaint and cover letter were duly received
by Henry H. Tome, the Defendant herein, as evidenced by the return receipt card for said
certified mail dated March 25,2000; that a copy of the aforementioned cover letter dated March
20, 2000 is attached hereto and incorporated by reference herein as "Exhibit A" and that the
original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and
incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and
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correct to the best of his knowledge, information and belief
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Sworn to and subscribed before me
this 7th day ofJuly, 2000.
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SNELBAKER, BRENNEMAN &. SPARE
^ PROFES510NAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNaBAKER
KEITH O. BRENNEMAN
PHILIP H. SPARE
717-697-8528
P. O. BOX 318
FACSIMILE (717) 697-7681
March 20, 2000
VIA CERTIFIED MAIL, Z 229 661 907
RETURN RECEIPT REQUESTED,
RESTRICTED DELIVERY
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Henry H. Tome
5601 Moreland Court
Mechanicsburg, PA 17055
Re: Service of Divorce Complaint
Dear Mr. Tome:
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The letter addressed to you dated March 7, 2000, sent by certified mail and
enclosing a copy ofthe Complaint in Divorce was not properly served upon you
because you did not sign for the certified mail. In order to have proper service upon
you, I enclose herewith a certified, true and correct copy of the recently filed
Complaint in Divorce. You may wish to contact an attorney to discuss your legal
rights.
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Very truly yours,
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Philip H. Spare
PHS:jjc
Enclosure
cc: Catherine F. Tome
EXHIBIT A
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Z 229 661 907
US Postal Service
Receipt for Certified Mail (Tome)
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sentla
Henr H. Tome
Street & Number
601 Moreland Court
Post Office, State, & ZIP Code
M chanicsbur PA
$
Postage
17055
.55
Certified Fee
1.40
Special Delivery Fee
Restricted Delivery Fee
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m Return Receipt Showing to
Whom & Date,Delivered
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~m 4 if Restricted Delivery is desired. '
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
D Agent
o Addressee
Dyes
DNa
Henry H. Tome
5601 Moreland Court
Mechanicsburg, PA 17055
o Express Mail
o Return Receipt for Merchandise
DC.O.O.
1!1 Yes '
2, Article Number (Copy from service labeQ
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PS Form 3811 , Juiy 1999 Oomestic Retum~;<;~iPt
102595-99-M-1-189
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EXHIBIT B
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