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HomeMy WebLinkAbout02-5714RANDAL SPAHR, Plaintiff V. PENNY SPAHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O - _ 5-711 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 Phone: (717) 249-3166 RANDAL SPAHR, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. PENNY SPAHR, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Randal Spahr, who currently resides at 373 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, since September 20, 2002 . 2. Defendant is Penny Spahr, who currently resides at 168 Kerrs Road, Carlisle, Cumberland County, Pennsylvania, since May 1, 2000. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on September 26, 1976, in Cumberland County. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. V7 By: Mark F. Bayley, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. 487663 (717) 241-6070 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: 0'_ 1?-i f Randal Sp r, Plaintiff W r ? p 0 Ci C.) C (J '? e i .... I . . r .,- f?) ?" L 7 : IN THE COJJRT OF COMMON PLEAS RANDAL SPAHR, :OF THE 9TH JUDICIAL DISTRICT Plaintiff : OF PENNYSLVANIA CUMBERLAND COUNTY BRANCH V. : CIVIL ACTION DIVORCE .ACTION PENNY SPAHR, : NO. 2002-5714 Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: for the above captioned Plaintiff, RANDAL Please withdraw my appearance as attomey SPAHR, per his request. Date:LO E- -q1 2004 er- C Respec lly su Mark F. Bayley, Esquire 7 (? -S Supreme Court ID 0 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: as attomey for the above captioned Plaintiff, RANDAL Please enter my appearance SPAHR, per his request. Date: oD 2004 Respectfully submitted, PH= , WALZ, SCARINGI & SCARINGI MCulmey ID #8 5 7875 341 Market Street Newport, Penusylvania 17074 (717) 567-6993 ( J +?.> <y 1? <."; ;? rill.. l ? ? `fr f7': i{; ;? - r. CY,- R? lid .`i 1 ?? l'? ij?l 19,'3006 12:29 FAT 7172415099 MARK MATEYA Eq RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUIUY, PENNSYLVANIA. V. :NC). 02-5714 CIVIL ACTION - LAW PENNY SPAHR, Defendant ; IN DIVORCE WITHDRAWAL, OF APPEARASCE Please withdraw my appearance in the above-captioned matter on behalf of the Plaintiff, Randal Spahr. Rt:spectfull, submitted, hn H. McCullough, Esquire 341 Market Street Newport, P. k 17074 ENTRY OF APPEARANCE. Please enter my appearance in the above-capticraed matter on behalf of the Plaintiff, Randal Spahr. Dated: `! U1 Respectfully submitted, V"'K? . Mark A. Mateya, Wire At,nrney I.E. No. 78931 P.U. Box 127 Boiling Spri age, PA 17007 (717) 241-6:00 i i Ir ?,`1 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Withdrawal/Entry of Appearance on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: John J. McCullough Esquire 341 Market Street Newport, PA 17074 Dirk E Berry Esquire 44 S Hanover Street Carlisle PA 17044 Randal Spahr 304 Paws Path Millerstown PA 17062 Dated: "A. Mark A. Mateya, Esq i e PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax ? N C7 N RANDAL SPAHR, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 02-5714 PENNY SPAHR, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND AND NOW, this 19`' day of January, 2006, 1, Mark F. Bayley, Esquire, hereby swear that I have served a true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested, restricted delivery. The original return receipt card signed by the Respondent on December 7, 2002, indicating service was effected, is marked Exhibit "A", and is attached hereto and made a part hereof. Dated: By: ark F. Bayley, Esqui Rominger, Bayley & Whare Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 I.D. # 87663 Sworn or affirmed to and acknowledge before me by the above-named attorney, this A/My of <??// N ? !, ,a ?, 2006. r (Seal) Ndtary" UrdaJ. J?Trpcf, Notary a Carpslo Bolo. Cvnbedad CO-11Y Exphas J* 23. =0':?6 EM Y Com'rissiM M,W", Pe"s)f anu Assocral- - laude. RANDAL SPAHR, Plaintiff V. PENNY SPAHR, Defendant ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Priflt your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: f ?itj,>I c? ??.? sees ,P?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5714 IN DIVORCE A. Received by (Please Print Clearly) I S. Date of Delivery C. ? Agent D. Is deliverV addre4s different frorlTitern 1? O Yes If YES, enter delivery address below: 0 No 3. Service Type It£er ified Mail ? Express Mail ? Registered Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 'Wyes 2. Article Number (Co y from service /abeq PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 Exhibit "A" n ;y ? . ' S ' r ?. ;* i U? F? t..% r= -`M1 f_ ??_ .,. . 's C - RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5714 : CIVIL ACTION - LAW PENNY SPAHR, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Randal Spahr, Plaintiff, by and through his attorney, Mark A. Mateya, Esquire, moves This Honorable Court appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is required; Plaintiff disputes veracity of Defendant's answers. Discovery requests and responses are attached hereto as Exhibit A. (2) Defendant, Penny Spahr, is represented in this action by Dirk Berry, Esquire. (3) The statutory grounds for divorce are 23 Pa.C.S. section 3301(d). (4) The action is contested with respect to the following claims: equitable distribution of the parties' marital property. (5) The action involves complex issues of fact. (6) The hearing is expected to take one to two days. (7) Plaintiff, Randal Spahr, filed a complaint in divorce on November 27, 2002. For a period of nearly three (3) years the parties have negotiated in an attempt to amicably resolve the claims at issue. Said negotiations have proven unsuccessful. WHEREFORE, Plaintiff, Randal Spahr, respectfully requests that This Honorable Court appoint a master with respect to his claim for divorce and the equitable distribution of marital property. Respectfully submitted, "kkp? - - Mark A. Mateya, Esc}re P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Date: ( ( 0 ?t VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. MARK A. MAT W A, ESQUIRE Dated: 1 ?16 6 ? "'z C -i4 -"'i _i - !"t ?? G,i f__; p, RANDAL SPAHR, Plaintiff V. PENNY SPAHR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5714 : CIVIL ACTION - LAW : IN DIVORCE ORDER APPOINTMENT MASTER AND NOW, this day of , 2006,'vf ,.? Esq. is appointed master with respect to the following claims: 1. Equitable Distribution; 2. Granting of Divorce Decree 3. Determination of Alimony BY TH Y? G? CD l"^ l r C t? 1l RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5714 : CIVIL ACTION - LAW PENNY SPAHR, . Defendant : IN DIVORCE AMENDED COMPLAINT COUNT II - PETITION FOR ECONOMIC RELIEF AND NOW, this,40day of Awl , 200%, comes the Plaintiff, Randal Spahr, by his attorney Mark A. Mateya, Esquire, and makes the following Petition for Economic Relief against the Defendant, Penny Spahr, as follows: 1. The Plaintiff is Randal Spahr in this divorce action filed at Cumberland County, Pennsylvania to the above term and number on or about November 27, 2002. His address is 304 Paws Path, Millerstown, Pennsylvania, 17062. 2. The Defendant is Penny Spahr in this divorce action. Her address is 168 Kerrs Road, Carlisle, Cumberland County, Pennsylvania, and is represented by Dirk Berry, Esquire. 3. The Plaintiff seeks the following relief from the Court: a. Equitable Distribution of the marital assets; b. The entry of a Divorce Decree; and C. Such other relief as this Honorable Court deems appropriate. WHEREFORE, the Plaintiff, Randall Spahr, requests the relief set forth above. Respectfully submitted, Mark A. Mateya, uire Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Plaintiff Date: ?ai ?? r fI" Z VERIFICATION I, Randal Spahr, hereby verify that the statements made in the foregoing Amended Complaint are true and correct, and further, I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. 13, - 42FI-1"01 - o ? -4dj-." Date Randal Spahr CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Amended Complaint on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Dirk E Berry Esquire 44 S Hanover Street Carlisle PA 17013 E Robert Elicker II Esq Cumberland County Divorce Master 9 North Hanover Street Carlisle PA 17013 am?' a4lln ?' I-Pz - Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: a? q a -44 d all f" RANDAL SPAHR, Plaintiff V. PENNY SPAHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 5714 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WIFE'S ANSWER WITH NEW MATTER TO HUSBAND'S AMENDED COMPLAINT AND NOW, comes Penny Spahr, by her attorney, Dirk E. Berry, Esquire, and respectfully avers as follows: 1. Admitted upon information and belief. 2. Admitted in part and Denied in part. It is admitted that Penny Spahr is represented by undersigned counsel, Dirk E. Berry, Esquire. It is Denied that Penny Spahr's address is 168 Kerrs Road. Penny Spahr's address is 120 Faith Circle, Carlisle, PA 17013. 3. Admitted in part and Denied in part. It is admitted that in the event of divorce, both parties are entitled to Equitable Distribution of the Marital Assets and such other relief as Your Honorable Court deems appropriate. It is Denied that Mrs. Spahr has ever desired or consented to a divorce. NEW MATTER. ECONOMIC RELIEF 4. Paragraphs 1 through 3 are hereby incorporated as if set forth fully herein. 5. In the event that Your Honorable Court grants a divorce, Mrs. Spahr desires the following relief. a. Equitable Distribution of the marital assets. b. Alimony, and c. Such other relief as Your Honorable Court may deem appropriate WHEREFORE, Wife, Penny Spahr, respectfully requests Your Honorable Court award relief as set forth herein. Respectfully submitted, Dirk E. Berry, Esquire Attorney for Defendant 44 S. Hanover Street Carlisle, PA 17013 (717) 243-4448 VERIFICATION I verify that the statements made in this are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date Penny Spahr RANDAL SPAHR, Plaintiff V. PENNY SPAHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02 - 5714 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Mother's Answer with New Matter was served by first class mail, postage pre-paid upon the following person: Mark A. Mateya, Esquire P.O. BOX 127 Boiling Springs, PA 17007 E. Robert Elicker II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 b?U -? Date: ?- Dirk E. Berry, Esquire Attorney for Defendant 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 C? 'T.1 i b ti'J R r- T J ^ ?+:! 0 ?-) -,571,Y MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this,;M ay o , 2007, by and between RANDALL SPAHR (hereinafter called "Husband") and PENNY SPAHR (hereinafter called "Wife"). I WITNESSETH: WHEREAS, the Parties hereto are Husband and Wife, having been married on September 26, 1976, in Cumberland County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1. The settling of all matters between them relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support and/or maintenance of Husband by Wife or Wife by Husband; 3. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 2 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by his counsel, Mark A. Mateya, Esquire, and Wife has been represented by Dirk Berry, Esq. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party All be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3 6. MUTUAL RELEASE: Other than as provided in this agreement, each party for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, quitclaim, and forever discharge the other party, his or her heirs, executors, administrators, or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, or suits at law, in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done, by the other party prior to and including the date hereof, excepting only the cause of action in divorce which has been instituted and such rights or causes of action as may arise from the provisions of this agreement or its breach. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party understands that he or she has the right 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, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations right be different from the provisions of this Agreement. Each party hereby 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 the 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. Both parties hereby waive the following procedural rights: 4 a. The right to obtain an inv4ntory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. 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, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on the date of this Agreement shall be the sole, separate property of Husband. 5 9. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after September 15, 2002, with full power in him or her to dispose of the same as fully and erfectively, in all respects and for all purposes, as though he or she were unmarried. 10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: Each party has already acquired and/or retained his or her own vehicle. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating 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. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said 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 part harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 6 11. REAL PROPERTY: Husband and Wife hereby agree that all right, title and interest in the real estate located at 168 Kerrs Road, Carlisle, Cumberland County, has been resolved prior to the execution of this document when sold on 2/14/2003 and that there are no outstanding issues as a result of the sale of this property or the distribution of the proceeds therefrom. 12. BURIAL PLOT: Husband agrees that Wife may keep the burial plot previously purchased as her sole property for use solely as she exclusively may purpose or direct without reimbursement, or other remuneration of any kind, to Husband. Husband hereby releases any and all claim to said burial site in accordance with theiprovisions of paragraph six (6) herein. 13. ALIMONY: Husband shall pay to wife four hundred dollars ($400) per month from the execution of this document for ten years, a total of 120 continuous months. i 14. LIABILITIES: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The Wife shall assume all liability for and pay and indemnify the Husband against any of her individual debts. B. The Husband shall assume all liability for and pay and indemnify the Wife against any of his individual debts as well as the joint obligations on the marital residence. C. The parties agree that there are no other joint debts of the parties. 7 15. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after September 15, 2002, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 17. PENSION: Wife and Husband hereby agree A. Wife surrenders all right, title and interest in Husband's IRA, pension, or other investments. B. Husband surrenders all right, title and interest in Wife's IRA, pension or other investments. 18. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days for demand therefore) execute any and all written 8 instruments, assignments, releases, satisfactionJ, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 19. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 20. FEES, COSTS AND EXPENSES: Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 22. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no 9 waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 23. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or 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 continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her obligations under any one or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 26. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent I 10, default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in lav or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expenses. 28. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: ?- C Y_ jij?' (SEAL) RANDALL SPA (SEAL) ENVY HR 11 COMMONWEALTH OF PENNSYLVANIA CuMj6f 1-" D . SS. COUNTY OF On this, the A7,9day of , 2007, before me, a Notary Public in and for said Commonwealth and County, personally appeared RANDALL SPAHR, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A. Aumiller, Notary Public (SEAL) South Middleton Twp., Cumberland County My Commission Expires Mar. 16, 2010 Member. Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA , SS. COUNTY OF BlAtffffifN On this, the a 3 day of k2007, before me, a Notary Public in and for said Commonwealth and County, personally appeared PENNY SPAHR, 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. My Commission Expires: (SEAL) IN WITNESS WHEREOF, I hereunto set my hand and official seal. L 4,1,, Notary Public COMMONWEALTH of l0061111rLVA"A NOTARIAL SEAL VALERIE F. GSELL, Notary Public Cartisie Boro., Cumberland County Commission Expires October 9, 1 12 ? N Q v Aly1AV 1Y;AA4M q -V) T .;; f'N £ltvli4Ca !' I RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5714 : CIVIL ACTION - LAW PENNY SPAHR, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on November 27, 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 in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: //-/;L--07 AALY.,V Randall Spahr Plaintiff -_,: k ? rrt--rs ? NV -? r _ -= - cp 'rj Ca ? ip - w Z7 RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5714 : CIVIL ACTION - LAW PENNY SPAHR, Defendant : IN DIVORCE 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. -"O? DATE_ Randall Spahr Plaintiff rv -ca L fir; --? n j RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5714 : CIVIL ACTION - LAW PENNY SPAHR, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on November 27, 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 in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. S Penny Spaij Plaintiff DATED: //- d C -V 7 C O Q N a~ ` co G - RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5714 : CIVIL ACTION - LAW PENNY SPAHR, Defendant : IN DIVORCE 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE '?`?AMAA Penny S Defendant C"? 5-0 i a RANDAL SPAHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 5714 CIVIL PENNY SPAHR, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this 0- day of &tl4d? , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 27, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, wNoo Edgar B. Bayley, P.J. cc: Mark A. Mateya Attorney for Plaintiff Dirk E. Berry Attorney for Defendant 00f );-:g rn"a' LL /a f s?o7 ?"irj >_ 00 to U J . . -' ' - i. Lt_J t LAJ C-D cv L3 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this Al ay of Z2 , 2007, by and between RANDALL "' If SPAHR (hereinafter called "Husband") and PENNY SPAHR (hereinafter called "Wife") WITNESSETH: WHEREAS, the Parties hereto are Husband and Wife, having been married on September 26, 1976, in Cumberland County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1. The settling of all matters between them relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support and/or maintenance of Husband by Wife or Wife by Husband; 3. In general, the settling of any and ail claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 2, 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by his counsel, Mark A. Mateya, Esquire, and Wife has been represented by Dirk Berry, Esq. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner w1hatsoever with him or her. 3 6. MUTUAL RELEASE: Other than as provided in this agreement, each party for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, quitclaim, and forever discharge the other party, his or her heirs, executors, administrators, or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, or suits at law, in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done, by the other party prior to and including the date hereof, excepting only the cause of action in divorce which has been instituted and such rights or causes of action as may arise from the provisions of this agreement or its breach. , 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party understands that he or she has the right 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, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby 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 the 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. Both parties hereby waive the following procedural rights: 4 a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil. Procedure. e. 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, and to set aside to either party that) property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on the date of this Agreement shall be the sole, separate property of Husband. 5 9. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after September 15, 2002, 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. 10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: Each party has already acquired and/or retained his or her own vehicle. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating 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. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to finanbing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said 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 part harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 6 11. REAL PROPERTY: Husband and Wife hereby agree that all right, title and interest in the real estate located at 168 Kerrs Road, Carlisle, Cumberland County, has been resolved prior to the execution of this document when sold on 2/14/2003 and that there are no outstanding issues as a result of the sale of this property or the distribution of the proceeds therefrom. 12. BURIAL PLOT: Husband agrees that Wife may keep the burial plot previously purchased as her sole property for use solely as she exclusively may purpose or direct without reimbursement, or other remuneration of any kind, to Husband. Husband hereby releases any and all claim to said burial site in accordance with the provisions of paragraph six (6) herein. 13. ALIMONY: Husband shall pay to wife four hundred dollars ($400) per month from the execution of this document for ten years, a total of 120 continuous months. 14. LIABILITIES: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The Wife shall assume all liability for and pay and indemnify the Husband against any of her individual debts B. The Husband shall assume hll liability for and pay and indemnify the Wife against any of his individual debts as well as the joint obligations on the marital residence. C. The parties agree that there are no other joint debts of the parties. 7 15. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after September 15, 2002, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 17. PENSION: Wife and Husband hereby agree A. Wife surrenders all right, title and interest in Husband's IRA, pension, or other investments. B. Husband surrenders all right, title and interest in Wife's IRA, pension or other investments. 18. OTHER DOCUMENTATION: ife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days for demand therefore) execute any and all written 8 ; instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 19. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 20. FEES, COSTS AND EXPENSES: Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 22. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no 9 waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 23. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. AGREEME14T BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken fr©m this Agreement and in all other respects this I' Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her obligations under any one or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the Parties. 26. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent 10 default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expenses. 28. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: (SEAL) RANDALL SPA (SEAL) PENNY S HR 11 COMMONWEALTH OF PENNSYLVANIA tsu?IlBiV? : SS. COUNTY OF43AlN : On this, the &V day of ' , 2007, before me, a Notary Public in and for said Commonwealth and County, personally appeared RANDALL SPAHR, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A. Aumiller, Notary Public South Middleton Twp., Cumberland County My Commission Expires Mar. 16, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. /? t On this, the ? 3'? day of * , 2007, before me, a Notary Public in and for said Commonwealth and County, personally appeared PENNY SPAHR, 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,.-! IN WITNESS WHEREOF, I hereunto set y hand and official seal. Notary Public My Commission Expires: ` (SEAL) coH+MOnwffALh+ of PENNSYLVANIA NOTARIAL SEAL i VALERIE F. GSELL, Notary Public Carlisle Bono., Cumberland County Commission Expires October 9, 2010 1? RANDAL SPAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-5714 : CIVIL ACTION - LAW PENNY SPAHR, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 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) of the Divorce Code. 2. Date and manner of service of the complaint: By Certified U.S. Mail, Return Receipt Requested signed by Defendant on December 7, 2002. See Affidavit of Serviced filed on February 3, 2006. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff November 12.2007 ; by Defendant November 20, 2007 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: November 29, 2007. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: November 29, 2007. ('? N C:? ?7?I i'?7 C'7 "` ? ?, ?? ? IV ?:" W -4 Each parry has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. Mark A. Mateya, quire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff n r`' CA) IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY STATE OF PENNA. t RANDALL SPAHR ' .r No. 5714 2002 VERSUS PENNY SPAHR DECREE IN DIVORCE AND NOW, 0cc..eyA\ozy- I U , IT IS ORDERED AND DECREED THAT RANDALL SPAHR PLAINTIFF, AND PENNY SPAHR 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; The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not vet been entered The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree. BY THE COURT: ATTEST: J PROTHONOTARY ?°?"Or-,.Y,O?O? ? CoIP't"i ???o?»n??? ?ol?er