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HomeMy WebLinkAbout02-5436MARY K. SHANABROOK, Plaintiff VS. DENNIS R. SHANABROOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTG YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MARY K. SHANABROOK, Plaintiff VS. DENNIS R. SHANABROOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. .5 q2 : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER y RECLAMAR DERECHON USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe romar accion con prontitud, se lc avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contrapor las Corte. una decisi°n puede tambien ser emitida en su contra pot caulquier otra queja o compensacion eclamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompiraiento irreparable del matrimonio, usted puede solicitor consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEFONO (717) 249-3166 MARY K. SHANABROOK, Plaintiff VS. DENNIS R. SHANABROOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~.S~/~ .. : CIVIL ACTION - LAW · IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC REL&TIONS CODE And now comes Plaintiff, Mary K. Shanabrook, by and through her attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiffis Mary K. Shanabrook, an adult individual who currently resides at 6305 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Dennis R. Shanabrook, an adult individual who currently resides at 26 Skyport Road, Mechanicsburg, Cumberland Cotmty, Pennsylvania 17050. 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 Divorce Complaint. 4. Plaintiff and Defendant were married on June, 20, 1987, in Mechanicsburg, Cumberland County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since March 1, 2002. 6. There have been no prior actions of divorce or for annulment between the parties. allies. Defendant is not a member of the armed forces of the United States or any of its 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right t° request that the court require the parties to participate in counseling. Plalntiffdoes not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. Dated: l t ] ~ / O~ LAW OFFICES OF CRAIG A. DIEHL L~da A. Clotfelt? Esquire A~bm..3.464 ;fiYnI~eN;~ a7~>. 963 Camp Hill, PA 17011 (717) 763 -7613 Attorney for Plaintiff MARY K. SHANABROOK, Plaintiff VS. DENNIS R. SHANABROOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VER/FICATION I, MARY K. SHANABROOK, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: M~kR~/K. SHANABROOK MARY K. SHANABROOK, Plaintiff VS. DENNIS R. SHANABROOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-5436 .. : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Mm3~ K. Shanabrook, do hereby affirm that the original return receipt of the Complaint in Divorce :sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appem:s to contain the signature of Dennis R. Shanabrook, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unswom falsification to authorities. · Complete items 1, 2, and 3. Al~o complete ,item 4 if Restricted De#very is de,ired. · I~T;,.i your name and address on the reverse ~o that we can return the card to you. · Attach thla cm'd to the back of the matlpiece, 1. A~llcle Adclre~secl to: A. Re--by _~___P~ B. Date of De#v~ D. Is deliveqt addm~ different from item 17 r'l yes If YES, enter detlveqt address below: J~ I~: Certlf~d Mell [] Registered n Insured Mail [] Expml~ Mail [] P, etum Receipt for Me,chand~e [] C.O.D. 4. I=,~ffiotlcl Dii//Ne f~ (Exl~ Fee) I~Y~o 2. h~le Number (Copy from serv/ce/abe0 PS ~ 3811, July 1~ ~ R~urn R~i~ 102595-00-M-0952 Dated: LAW OFFICES OF CRAIG A. DIEHL Camp Hill, PA 170t 1 (717) 763.-7613 MARY K. SHANABROOK, Plaintiff VSo DENNIS R. SHANABROOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : _. : NO. 02-5436 .. .. : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this t~0~qt day of A/Ot//A~I4 ~g~- ,2002, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by way of United States first class ~nail, postage prepaid, addressed as follows: Dennis R..Shanabrook 26 Skyport Road Mechanicsburg, PA 17050 LAW OFFICES OF CRAIG A. DIEHL By: . ~r~t~pha/lie A.-Pe~ez, Le~'al 3464 Trindle Road Camp Hill, PA 1'7011 (717) 763-7613 MARY K. SHANABROOK Plaintiff DENNIS R. SHANABROOK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO: 02-5436 CIVIL ACTION LAW : : IN DIVORCE AND CHILD CUSTODY : CUSTODY AGREEMENT AND STIPULATION AND NOW, the parties, Dennis R. Shanabrook of C. umbarland County, Pennsylvania, hereinafter referred to as the "Father", and Mary K. Shanabrook of Cumberland County, Pennsylvania, hereinafter referred to as the "Mother", enter into a Joint Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their children: Tyler Mason Shanabrook, bom June 14, 1989 (age 14 years) and Adam Michael Shanabrook, bom April 1, 1992 (age 11 years) and state the following: 1. Plaintiff is Mary K Shanabrook, (hereinafter "Mother"), an adult individual who resides at 6305 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant is Dennis R. Shanabrook, (hereinafter "Father"), an adult individual who resides at 26 Skyport Road, Mechaniesburg, Cumberland County, Pennsylvania 17050. The parties are the natural parents of two (2) children, namely Tyler Mason Shanabrook, bom June 14, 1989, (age 14 years) and Adam Michael Shanabrook, bom April I, 1992 (age 11 years) (herein referred to as the "Children"). There has been no prior Order of Court for the Custody of the Children. The parties have shared legal custody and shared physical custody since the parties have separated on March l, 2002. The parties now stipulate and agree to the terms of this agreement to establish a custody schedule. The proposed custody order is in the best interes.t of the Children because it provides the Children with a structured schedule that takes into consideration each parent's express desire to have significant periods oftirrte with the Children. The parties further expressly agree that they shall each be flexible with the custody · arrangements and each party shall not unreasonably withhold their consent to alter the schedule of the Order of Custody when requested by the other party. They also agree to listen carefully and consider the wishes of the Children in addressing the custodial schedule, and changes to the schedule, and any other parenting issues. The parties stipulate and agree that the terms for custody of the minor children Tyler Mason Shanabrook and Adam Michael Shanabrook shall be as follows: a) ~ - The parties shall have ,,shared legal custody of the minor children. Expect in the case of an emergency, all major parenting decisions concerning the health, education and safety will be made by agreement of both parent. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records. b) ~ - The parties specifically agree to the following physical and custody schedule for the minor children: i. Mother shall have custody of the children each Sunday, Monday, Thursday, and every other Saturday; and c) d) e) g) h) i) J) ii. Father shall have custody of the children every Tuesday, Wednesday, Friday and every other Saturday. Holidays - The parties agree to alternate physical custody of the children on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, with Mother having the children on Easter, 2003. The Christmas holiday shall be divided into two custody periods with the first being from noon Christmas Eve day through noon Christmas Day and the second being from noon Christmas ]Day through noon December 26th. Mother shall have the children for the first period in 2004 and the parties shall alternate the custody periods on an annual basis. The holiday custody schedule shall supercede the regular custody schedule. Father's/Mother's Day - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. Children's birthdays - The parties agree that the non-custodial parent shall be entitled to three (3) hours of physical cu:stody on the Children's birthdays at such times as agreed by the parties. ~racation - Mother and Father agree that they shall each be entitled to two (2) weeks of custody each summer for the purpose of vacations. The summer vacation custody periods will supersede,, the regular custody schedule and each parent shall give the other thirty (30) days notice of the dates of the summer custody periods for vacations. Agreement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. Notification - Each party agrees to notify the other of the location of the children and a telephone number for purposed of contact when the children are not at the parents' residence for twenty-four (24) hours or more. Transportation - The parties agree that they shall equally share the transportation responsibilities regarding the transfers of custody as per this Agreement. Sick days - The party who has custody of the Children shall be responsible to make alternative arrangements for their care in the event of sick days or other exigent circumstances. k) Extracurricular activitie~ - Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. 1) Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. m) Children's well-bein - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do any/hing that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other ]parent. n) Modification - No modification or waiw~r of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. o) Order of Co.~_.._~_~ - The parties expressly stipulate and agree to have the terms of this Stipulation entered as a modified Order of Court for child custody to the above-captioned docket. This agreement is binding and enforceable when signed by Dennis R. Shanabrook and Mary K. Shanabrook. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this · Stipulation fully resolves any and all child custody issues in this proceeding. WHEREFORE, the parties ask that this Honorable Cram enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Witnesses: LINDA A.CLOTFELTER, ESQUIRE Attorney for Mary K. Shanabrook M.i~Y~. SHANABRROOK, Plaintiff DENNIS R. SHANABROOK, Defendant COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this Oo day of ~, _, 2004, before me, the undersigned officer, personally appeared MARY K. SHANABROOK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the proposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. day of/~"..~ ~ ,2004, before me, the undersigned On this officer, personally appeared DENNIS R. SHANABROOK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public MARY K. SHANABROOK Plaintiff DENNIS R. SHANABROOK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 02-5436 CIVIL ACTION LAW : : IN DIVORCE AND CHILD CUSTODY ORDER AND NOW, this ~'1-- day of , 2004, upon consideration of the Joint Stipulation of Custody, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: ,J. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this/~ day of ,~ZOJO? · ! KATHLEEN SHANABROOK, hereinafter referred SHANABROOK(hereinafler referred to as HUSBAND). WITNESSETH: to as , 2004 between MARY (WIFE) and DENNIS R. WHEREAS, Husband and Wife were lawfully married on June 20, ~ in Cumberland Cotmty, Pennsylvania; and WHEREAS, two (2) children were bom of this marriage: Tyler Mason Shanabrook bom June 14, 1989 (age 14 years); and Adam Michael Shanabrook, bom April 1, 1992 (age 11 years). WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and ail claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has ihad a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Linda A. Clotfelter, Esquire, and that Husband has been informed of his right to be represented by independent legal counsel of his choice, but Husband has chosen not to be represented by counsel in this proceeding. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and ail sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circum stances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutuai promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as fol][ows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shail be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2 2. MUTUAL RELEASE. Husband and Wife each ,do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for ail purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or courtesy; or claims in the nature of dower or courtesy or widow's or widower's rights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and ail property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 3. RELEASE OF TESTAMENTARY CLAIM~. Except as provided for in this Agreement, each of the parties hereto shall have the fight to dispc,se of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or person.~; who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, l~or the purpose of enforcing any of the fights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their fights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their fight to request or use that as a basis to overturn this Agreement or any part thereof. 4 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any girl tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make a decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that th.: agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. 5 b. Income and Expense Statement: The fight to obtain an income and expense statement of the other party as provided by the Permsylvania Divorce Code, except in instances where such an income and expense statement is ~tereafter required to be filed in any child support action or any other proceedings pt~rsuant to an order of court. c. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. 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 effi:cted without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital fights of the parties. 6 Ao MOTOR VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: i. Wife's Vehicle: Wife shall retain the 1991] Ford Windstar and it shall be her sole and separate property. ii. Husband's Vehicle: Husband shall retain ~Ihe 2002 Mazda 626 and it shall be his sole and separate property. The parties acknowledge that Husband has refinanced the loan for the vehicle such that Wife has been released from any liability for same. iii. Identification: Identification of a vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it has been sold or traded in prior to the date of this Agreement. iv. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating the transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date, or as soon thereafter as is reasonably possible. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. vi. Liens: In the event that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. vii. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall be come the sole and separate property of the other party pursuant to the terms of this Paragraph. REAL ESTATE. The parties acknowledge that ]Ihe marital residence was a certain tract of improved real estate known and nurnbered as 26 Skyport Road, Mechanicsburg, Cumberland County, Pennsylwafia 17050 (hereinafter "the Real Estate") which was encumbered with a mortgage. With respect to the Real estate and the Mortgage the parties agree as follows: i. Husband's occupancy and ownership. The parties agree that Husband shall be entitled to exclusive occupancy and ox~mership of the Real Estate. Since the parties have separated Husband has paid all expenses relating to the Real Estate, including, but not limited to, the Mortgage, real estate taxes, insurance, utilities and the like. It is also acknowledged that all household utility accounts have been transferred to Husband's name alone and Wife is no longer financially responsible for same,. ii. Husband's refinance. The parties also acknowledge that Husband has refinanced the Mortgage such that Wife has been relieved of any and all liability for same. Husband is solely responsible for any and all costs associated with his refinance of the Mortgage pursuant to this Agreement. iii. Distribution of Proceeds upon Sale. If the Real Estate is sold to a third party, upon settlement the net proceeds derived, after payment of the Mortgage and all other normal and reasonable settlement costs shall be distributed to Husband. RETIREMENT ACCOUNTS AND PENSION PLANS. Except as hereafter provided, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their' mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to giw~' effect to this paragraph. Property shall be deemed to be in the possession or under ~Ihe control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts. The parties; further agree that they shall retain as their respective sole and separate property ~ay other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except any such funds or accounts otherwise designated in this Agreement. DEBTS. Husband's Debt. Husband represents and warrants to Wife that since the separation he has not, and in the furore he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made., against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife's Debt. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, mad she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows:: i. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise specifically provided herein, there shall be no adjustment for the payment of any portion of the Marital debts that a party may have made prior to the execution of this marital Agreement, whether or not that debt is specifically referenced in this Paragraph. ii. Husband's debts: Husband shall be solely responsible for the following bills and debts: I. Mortgage: The Mortgage and any cost of the refinancing of the Mortgage as referenced in Paragraph 7(B), herein; 2. Vehicle Loans: Any vehicle loan for Husband's Vehicle as referenced in Paragraph 7(A) herein; 11 ge iii. Wife's debts: 1. Real Estate Expenses: Any and all expenses associated with the Real Estate as referenced in Paragraph 7(B), herein; Retirement Funds: Any and all taxes and/or penalties resulting from his withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. Debts: Wife shall be solely responsible for the following bills and Vehicle Loans: Any vehicle loan fi~r Wife's Vehicle as referenced in Paragraph 7(A), herein; 2. Other Debts.: Any and all other de. bts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other pa~y as the result of defending against the obligation and/or enforcing the provisions of this indemnification. No Further Charges on Joint Debt~: Neither ptufty shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are 12 made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. F. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. G. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. Each party hereby waives any right and/or claim each may have, now or in the future, against the other for counsel fees, costs and expenses. 10. CHILD CUSTODY. The parties acknowledge that the custody of their sons, Tyler Mason Shanabrook bom June 14, 1989 (age 14 years); and Adan~ Michael Shanabrook, born April 1, 1992 (age 11 years) shall be as per a separate Custody Order upon written Stipulation of the parties to be entered to this docket. 11. CHILD SUPPORT. In lien of the entry of an Order for Child Support through the Domestic Relations Section of the Court of Common Pleas, and in light of the parties shared physical custody schedule, the parties agree to share equally all reasonable, regular expenses for their 3.3 children. To effectuate the terms of this paragraph, the parties agree to share documentation of their respective expenses incurred for the children on a monthly basis; to conduct an accounting of those expenses; and the party with the lesser child-related expenses paying to the other party One-Half(½) of the difference in the parties' expenses within Ten (10) days of the exchange of documentation. A. Termination and Adiustment: The payments as child support as described in this section shall terminate upon the earlier of a child reaching age 18 or graduating from high school or upon the emancipation of the child. B. Medical Expenses: Any non-covered medical expenses shall be divided equally between the parties and each party shall pay his or her share as the medical expenses are incurred and in no event any later than Thirty (30) days following a request for contribution. If such expense is covered in whole or in part by insurance then the amount of payment shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then fifty percent (50%) shall be paid by Wife and fifty percent (50%) shall be paid by Husband when the expense is incurred and when the insurance reimbursement payment is received it shall be divided as follows: fifty percem: (50%) to Wife and fifty percent (50%) to Husband. For all medical, dental, orthodonature and optical expenses for the Children that are not covered by insurance, any party having the insurance coverage on the Children shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 12. EDUCATIONAL EXPENSES OF CI-IILDREN. With respect to the Children's future education, the parties agree that they will contribute to the children's undergraduate college and/or post secondary vocational or technical training expenses, including but not limited to the expenses therefor incurred for tuition, room and board, books and educational fees (hereinafter "the Educational Costs") to the extent that each is financially able to contribute at the time the expenses are incurred. Before a party can be expected to contribute to the Educational Costs, the parties will consult with each other and jointly agree as to the expense to be incurred and the educational institution to be selected for the Children. Since it is impossible 'to determine at the present time the parties' respective financial condition or the ability of the Child~ren to perform satisfactorily in said educational endeavors at the time or times the Educational Costs are to be incurred, the effectuation of the parties' intent pertaining to the foregoing will be determi[ned from time to time based upon the Children's then existing ability to perform satisfactorily in educational endeavors, the parties' then existing financial condition and the amount of the Educational Costs as such may exist when the Educational Costs are to be incurred.. 13. ALIMONY AND ALIMONY PENDENTE LITE. Except as hereinafter set forth, both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 14. MEDICAL INSLrRANCE. The following shall apply regarding medical insurance on the parties' Children: Husband shall continue to provide medical insurance coverage on the ~_5 Children as long as they remain eligible therefor and that coverage is available to him through his employment at a reasonable cost. 15. TAX DEPENDENCY EXEMPTIONS. The parties agree that they shall each be entitled to one (1) tax dependency exemption per tax year. Wife shall be entitled to claim Adam Michael Shanabrook and Husband shall be entitled to claim Tyler Mason Shanabrook. The parties further agree that when there is one (1) available income tax dependency exemption for the parties' children, Wife shall claim the exemption for that child in odd numbered years and Husband shall claim the exemption for that child in even numbered years. 16. DIVORCE. A Complaint in Divome has been filed to No. 02-5436 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the ]Divorce Code as well as Waiver of Notice of Intention to Seek Entry of Final Decree concurrently with the execution of this Marital Settlement Agreement. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 17. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with ~.6 respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subj eot to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that of the parties' children. The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's ~5ght to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and arty other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to role upon this issue. 17 18. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no corm asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the p~ies. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 18 21. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 22. ENTIRE AGREEMENT. This Agreement conl~ins the entire understanding of the parties, and there are no representations, warranties, covenant:s or undertakings other than those expressly set forth herein. 23. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative: effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided fi~r in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in t his paragraph shall be based on consideration of(l) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 24. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 25. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 26. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law ur otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 28. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 2O 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 30. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT TIlE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt ora duly executed copy thereof. WITNESSES: DENNIS R. SHANABROOK ~ 23_ COMMONWEALTH OF PENNSYLVANIA : COUNTY OF m . SS. On this ~_~ day of ~ ,2004, before me, the undersigned officer, personally appeared DENNIS R. SItANABROOK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA : COUNTY OF : SS. On this day of /442JLI'J/ ,2004, before me, the undersigned officer, personally appeared MARY K. SHANABROOK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public 22 MARY K. SHANABROOK Plaintiff DENNIS R. SHANABROOK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 02-5436 CIVIL ACTION LAW _. : IN DIVORCE AND CHILD CUSTODY ._ AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 8, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: r~ ,, ~. oHANAB~ROOK, Plaintiff MARY K. SHANABROOK Plaintiff DENNIS R. SHANABROOK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO: 02-5436 CIVIL ACTION LAW : : IN DIVORCE AND CHILD CUSTODY _- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning aliraony, division of property, lawyer's fees or expenses ifI do not claim them before a divome is granled. 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. § 4904 relating to unsworn falsification to authorities. Date: MARY K. SHANABROOK Plaintiff DENNIS R. SHANABROOK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAiND COUNTY, PENNSYLVANIA : : NO: 02-5436 CIVIL ACTION LAW : : IN DIVORCE AND CHILD CUSTODY .. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 8, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divorce is grm~ted. 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. Section 4904, relating to unsworn falsification to authorities. Date: ~////~/~ ~ DENNIS R SHANABROOK, Defendant MARY K. SHANABROOK Plaintiff Vo DENNIS R. SHANABROOK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 02-5436 CIVIL ACTION LAW : : IN DIVORCE AND CHILD CUSTODY : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granlled. 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. § 4904 relating to unsworn falsification to authorities. DENNIS R. SHANABROOK, Defendant MARY K. SHANABROOK Plaintiff Vo DENNIS R. SHANABROOK Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 02-5436 CIVIL ACTION LAW : : IN DIVORCE AND CHILD CUSTODY : PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on November 8, 2002. 3. Date and manner of Service of the Complaint: Certified Mail, Return Receipt Requested, Restricted Delivery on November 16, 2002, as evidenced by the Affidavit of Service filed on November 21, 2002. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on March 15, 2004, and filed on April 14, 2004. The Defendant's Affidavit of Consent was executed on April 13, 2004, and filed on April 14, 2004. 5. Plaintiffexecuted a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divome Code on March 15, 2004, and said waiver was filed on April 14, 2004. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce.. Decree under 3301 (c) of the Divorce Code on April 13, 2004, and said waiver was filed on April 14, 2004. 6. All outstanding issues resolved by written Marital Settlement Agreement dated April 13, 2004, which shall be incorporated but not merged into the Divorce Decree per Paragraph 19 on Page 18 of the Agreement. 7. There are no related claims pending. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL "~'3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 IN THE COURT OF COMMON PLEAS STATE OF MARY K. SHANABROOK OF CUMBERLANDCOUNTY Plaintiff VERSUS DENNIS R. SHANABROOK Defendant PENNA. N O. 02-5436 Civil DECREE IN DIVORCE AND NOW, ~,;/ ,~.c),~, 2004 DECREED THAT MARY K. SHANABROOK DENNIS R. SHANABROOK AND , IT IS ORDERED AND , PLAINTIFF, , 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; IT IS FURTHER ORDERED that the terms of the Marital S~ttlement Agreement of the parties dated April 13~ 2004~ shall be in¢orr~rated herein~ but not merged, for the purposes of enforcement only, pursuant to Paragrpah 19 on Page 18 of the Agreement. BY THE COURT: AT~~~ PROTHONOTARY