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HomeMy WebLinkAbout02-5739 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, : Plaintiff : THOMAS E. EBERLY, : Defendant : No. 2002- ~5 ~ C1VIL ACTION - LAW (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 wamed 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 Street, 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LiNI~AY ~/l~i~dsay Gir~ch 1V~clay, Esquire Supreme Court 1D # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, Plaintiff THOMAS E. EBERLY, Defendant No. 2002- CIVIL ACTION- LAW (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF TItE DIVORCE CODE Plaintiff is Kathy I. Eberly, who currently resides at 203 Gale Street, Apartment 301, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Thomas E. Eberly, who currently resides at 619 Grantham Road, Grantham, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaim. Pennsylvania. 5. 2002. 6. Plaintiff and Defendant were married on October 5, 1974 in Cumberland County, Plaintiff and Defendant have been living separate and apart since December 17, There have been no prior actions of divorce or for annulment between the parties. 2 SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the fight to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The manSage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divome. COUNT II - EQUITABLE DISTRIBUTION 5. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY (...J~m~tsay Gingt0c~ Malay, Esquire Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 3 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AFFIDAVIT I, Kathy I. Ebefly, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: 4 VERIFIC~ATION I verify that the statements made in this Complaint 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. I~ath)/I. Eberly, Plaintiff/"" SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, Plaintiff V. THOMAS E. EBERLY, Defendant No. 2002 - 5739 CIVIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 16th day of December, 2002, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on December 3, 2002, but actual service took place on December 12, 2002, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr. Thomas E. Eberly 619 Grantham Road Grantham, Pennsylvania 17027 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~fn~lsay Gingr~Macll0y, Esqui~ Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attomeys for Plaintiff · Exhibit "A" · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits· 1. Article Addressed to: ;. Signat ~ /~'~ // · D. Is delivery address-- ' different from ~ ~Yes ~ If YES, enter delivery address b~low: p No ~ 2. Article Number (Copy from service label) PS Form ~81 1, July t t t I I uomesfic He, urn Hecelp! '~. Service Type ~ Certified Mail r-1 Express Mail I--I Registered I-I Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ,J~Yes 102595-00-M-0952 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, : Plaintiff : THOMAS E. EBERLY, : Defendant : No. 20012 -5739 CIVIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this q'~" (lay of ~21.1~~, 2003, BETWEEN Thomas E. Eberly, of 619 Grantham Road, Grantham, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND Kathy I. Eberly, of 203 Gale Street, Apartment 301, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS R.I: The parties hereto are husband and wife, having been joined in marriage on October 5, 1974, in Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County in the Corrnmonwealth of Permsylvania, to Docket Number 2002 - 5739, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of tlfis agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. If either party fails or refuses to execute and file the foregoing documents or if Wife fails to finalize the divorce within twenty (20) days after the date that Husband makes the monetary payment to Wife aforesaid, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 619 Grantham Road, Grantham, Cumberland County, Pennsylvania. Wife agrees that within thirty (30) days of the date of the execution of this Agreement, she shall convey the real estate with improvements thereon erected at 619 Grantham Road, Grantham, Cumberland County, Pennsylvania to Husband by special warranty deed. Said deed shall be held in escrow by Saidis, Shuff, Flower and Lindsay until such time as the Affidavits of Consent and Waiver of Notice forms have been executed and filed and Husband has paid to Wife, the lump sum of Forty Thousand ($40,000.00) Dollars for her interest in the equity of the marital home and its contents. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband shall hereby hold Wife harmless and indemnify Wife from any loss thereon. The parties acknowledge that there is currently no mortgage on said property and that Husband shall pay Forty Thousand ($40,000.00) Dollars to Wife within thirty (30) days of the date of this agreement at which time the escrow deed shall be released to him. (4) DEBT: TE~ B: MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on December 17, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in wkich the debt may have been incurred. 3 KIE "~,, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within thirty (30) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONALPROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans_ slO~h~"rdans and the like. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (8) WAIVER OF ALIMONY: The pa~:ies acknowledge that each has income and assets satisfactory to h/s and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her fight to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Wife is represented by Saidis, Shuff, Flower and Lindsay and Husband has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and wi.th such knowledge as each has sought from counsel, and the 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. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOMETAX: The parties hereby acknowledge that they filed separate federal, state, and local income tax returns lbr the year of 2001. The parties hereto agree to continue to file separate returns for all ongoing years, specifically including 2002 and 2003. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she des/res into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband amd Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of' action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (2) (3) (4) to take against the other's will; under the laws of intestacy; to a family exemption er similar allowance; and all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. All rights or claims to any accounting; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter haw:, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenfomeable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (20) ENTIRE UNDERSTANDING: This Agreement constitutes the emire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. 1N WITNESS WHEREOF, the parties herelo intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: &'7 '-- c/l~/- ~ ' (,J '~'~'h-omas E. Eberly SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, : Plaintiff : THOMAS E. EBERLY, : Defendant : No. 2002 -5739 CiVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ' : SS. COUNTY OF CUMBERLAND ) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 2, 2002. 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. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit :ire tree 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., Section 4904 relating to unsworn falsification to authorities. Date: ~J~/i'][~' '/~ ~}t~,_~ _ Sworn to and sul~ribed before me this ~ day of ~ ,2003. KATHY I. gB~-'-P, LY[ Plaintiff'~h NOT.~ClIAL SEkL SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, Plaintiff THOMAS E. EBERLY, Defendant No. 2002 -5739 CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 2, 2002. 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. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are tree 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., Section 4904 relating to unsworn falsification to authorities. Date: &A/~, Sworn to and s~l,bscribed before me this ~.~day of~ 2003. /] ~HOMAS E. EBERLY, D~ NOTAR'AL SEAL MURRAY, Nolary Boro Cumberland ., A onExpires December 1 _~5 SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, Plaintiff THOMAS E. EBERLY, Defendant No. 2002 -5739 CIVIL ACTION - LAW (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 thc entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I veri~ that the statements made in this Waiver 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 unsworn falsification to authorities. Date: K~THY I. ~EBERLY, Plaintit~ ~ SAIDIS SHLIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, Plaintiff V. THOMAS E. EBERLY, Defendant No. 2002 -5739 CIVIL ACTION - LAW (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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 Waiver are tree 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: THOMAS E. EBERLY, Defe~..~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY I. EBERLY, Plaintiff THOMAS E. EBERLY, Defendant No. 2002 -5739 CIVIL ACTION - LAW (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the domestic return receipt on December 12, 2002. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Affidavit of Consent on June 9, 2003, which was filed with the Court on June 10, 2003. As required by Section 3301(c) of the Divorce Code, Defendant executed his Affidavit of Consent on June 6, 2003. His Affidavit was filed with the Court on June 9, 2003; however the time-stamp from the Prothonotary indicates that said document was filed June 10, 2003. Related claims pending: None. Plaintiff's Waiver of Notice under Section 3301(c) of the Divorce Code was executed on June 9, 2003 and filed on June 10, 2003. Defendant's Wavier of Notice under Section 3301(c) of the Divome Code was execmed on June 6, 2003, and was filed on June 9, 2003; however, the time-stamp from the Prothonotary indicates that said document was filed June 10, 2003. Date: Respectfully Submitted, ~jndsay Gii/g~ic~ M~clay, Esquir ,~// Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF .~. PENNA. KATHY I. EBEP~LY, Plaintiff VERSUS THOMAS E. EBERLY, Defendant DECREE IN DIVORCE AND N OW, ~~;2'~ lq DECREED THAT KATHY I. EBERLY THOMAS E. EBEP~LY AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. N O. 2002 - 5739 civil Term IN DIVORCE IT IS ORDERED AND , PLAINTIFf, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH{S ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Property Settlement and Separation Agreement dated BY THE ATTEST: PROTHONOTARY