The URL can be used to link to this page

Home My WebLink About03-0403 BEVERL Y K. CLENDENING, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION -LAW JAMES E. CLENDENING, Defendant. : 2003 -'1.0 j CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the fOllow;ng page" yoo mu't take pmmpt action. Yoo...e w","ed that if you f.;1 to do 00, the "'" may proceed without you and a decree in 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 the" pap", hy the plamtitf. You may 10" money 0' property 0' oth" right, impo_t to yoo, 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, Carlisle, Pennsylvania 17013. 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 A venue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BEVERL Y K. CLENDENING, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JAMES E. CLENDENING, Defendant. . 2003 - '1t!3 CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND CD) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Beverly K. Clendening, by and through her attorneys, Irwin, McKnight & Hughes, and files this Complaint in Divorce against the Defendant, James E. Clendening, representing as follows: 1. The Plaintiff is Beverly K. Clendening, an adult individual residing at 269 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is James E. Clendening, an adult individual currently residing at 6 Forestry Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on June 28, 1974. 6. Pursuant to the Divorce Code, Sections 3301 (c) and 330 1 (d), the Plaintiff avers as 5. There have been no prior actions of divorce or for annulment between the parties. broken. the grounds upon which this action is based that the marriage between the parties is irretrievably 7. The Plaintiff avers that she has been advised of the availability of counseling and that ",id Party has the right to t<que,t that the eourt "qui" the Porti" to Partidpate io counseling. WHEREFORE, the Plaintiff "'P<etfuUy ""U"t, judgment di,"olving the maniage between the two parties. 8. The allegations of Paragraph one (1) through seven (7) of the Divorce Complaint are incorporated herein as if fully set forth above. 9. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 10. Defendant is presently employed and receiving a substantial income and benefits COUNT II COUNSEL FEES AND COSTS an is able to pay for counsel fees, expenses and costs for the Plaintiff. WHEREFORE, Plaintiff respectfully requests the Court to enter an order requiring Defendant to pay for Plaintiff's counsel fees, expenses and costs. COUNT III - EQUITABLE DISTRIBUTION 11. The allegations of Paragraph 1 through 10 of the Divorce Complaint are incorporated herein as if fully set forth above. 12. The parties have been unable to detennine and equitably dispose of their respective rights and interests in the marital property. 13. PlaintiffwilJ, within 60 days after service of this Complaint upon Defendant, cause to be filed an inventory and appraisement of all property Owned or possessed at the time this Complaint is filed. WHEREFORE, Plaintiff "'qu,,~ the Court to eqult,,"'y di.,;de, di,tribule and ""Ign the marital property pursuant to the Provisions of Section 3502 of the Divorce Code. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Date: January 24, 2003 By: Rebecca R. Hughes, Esquire Supreme Court I.D. No. 67212 West Pomfret Professional BUilding 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff VERIFICATION The forego;ng dooumen, ;, b"ed upon mfunnation wltich ha. been gathered by my counsel and me in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, infonnation and belief I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: /-zr ,2003 ~ ~ ~ C\~ - ~ ~ 1...\ w -{: ~ ,i\ ,(;. ~ .,.I.) "" 0 ...1) V\ c! ~- t ~ ,-, 0 o '--' "n ~~ L~) ""0 \-;- -.:~'~ l('.\\j--' ~;'-' N /. '.. -.J (;-:~, , --<"- . c ~ ~_ ~"1:: ::::::. :~;l:. }", . ?~ <.-> '-:'? -A J:'~ :::; " ~ ::~ en L~ ~ ~:; r"'-(!., PATRICE D. CRAIG, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2003 - 403 CIVIL TERM FOREST F. CRAIG, Defendant. : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND state: NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and 1. That she is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the Defendant, Forest F. Craig on January 31, 2003 by certified mail, return receipt requested, addressed to 56 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17050, with return receipt number 70012510 0009 2828 4470. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN, McKNIGHT & HUGHES ( Date: February 3,2003 By: Rebecca R. Hughes, Esquire Supreme Court Id # 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Patrice Craig t:J l'- ~ ~ co r1J co r1J Return Receipt Fee IT" (Endorsement Required) t:J t:J Restricted Deiivery Fee t:J (Endorsement Required ,~o \,75 Postmark Here '2,\, ~'o t:J r-"I Ul Sent To ;~~~~;~;:~B~~ve .Uu o City. State, ZIP+4 ---------_mmm_m mm_n___________ I'- M Total Postage & Fees $ ~, I~ SENDER COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if ,Restricted Delivery is desired. . Print your name and address on the reverse 10 that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Forest F. Craig 56 Bourbon Red Drive Mecbanicsburg, PA 17050 ~ 2. Article Number (Copy from service label) :~'~~..a o Express Mail I!I Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? ID Yes 7001 2510 0009 2828 4470 102595-GG-M-1789 PS Form 3811, July 1999 Domestic Return Receipt - ....~-- 0- M co w U-. C"") a '""" -.iP c 'z :J D~ C)~ -~::i 7>- ;!~ '~JLU ,~1 0.. :s <..J , ) ~.......... BEVERLY K. CLENDENING, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-403 CML TERM JAMES E. CLENDENING, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(O COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: I. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, James E. Clendening, on January 30, 2003, by certified, restricted delivery mail, addressed to him at 6 Forestry Road, Shippensburg, Pennsylvania 17257, with Return Receipt Number 7001 2510 0009 2828 4563. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true false statements herein made are subject to the penalties of 18 unsworn falsification to authorities. correct. I understand that . S. See . 4904, relating to Date: December 9, 2003 ITI JJ 3" 3" RBi) EJiidlnbgl 1 too :(3D 1,7S" 3 ~o ~.I ~ Postage $ <0 l1J <0 l1J Certified Fee Return AecelptFee a- (EndorselTlt!lnt Required) o Cl r~Hestrjcted Delivery F~~ C1 ~ndorsement RequiredY Postmark Here Total Po.tllg. & Fees $ o .... U'J Sent To l1J ..J~".~n~'n..<=!...I1~."I1!Il$............. ..... ..... ..... ..... nn. ~ -'Sf,.eet: Apt. No.; o ..~~~.~...:8.t:ry"~"<!nn....nm...mm..................m......n. C CIty, State, ZIP+4 t'- . . Camplete Items 1, 2, end 3. Also complete ..... 4 ff Restricted DelIvery Is desiJed. . "'" your name end __ on the .......... ....t we cen retum the can:I to.yQu. . .--h this can:lto the back of the meJlplece, or on the froM ff space permits. 1._~to: /. if J:j,,~3 c1~ D~ Ivery dltIerent~l? DYes VES, onter dellvety add.... below: III No James E. ~lendenlng 6 For"stry Road Shippens~urg, PA 17257 ~ 2. AI1IcIe Nu_ (Copy from _label) 3. Service Typo II Cortllled Me" D Exproso Mall D Aeglstenld 12: Return Roco,pt for Merchandise D Insured Mall D C.O n ~ R.._eel Delivery? (E>dr8 Fee) Il:I ves) 7001 2510 0009 2828 4463 PS Form 3811 , July 1999 __ Rolum Rocoipl 102595-99-"'-1789 .. () C) 0 C "" -n 7" c? - , ,.... -rJ IT. , ., -r .'- ror' '~) . ~~.. 1 I .c_'.. l "~-' (fJ ~ '-") -0( r::.:t.. ~ -1:_ -"'\; -,-\ -- ) (') ~.~- ~,_~l.rn ~(- N L: r:- "> :i:! =< C.) -< : IN THE COURT OF COMMON PLEAS OF BEVERLY K. CLENDENING, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-403 CML TERM JAMES E. CLENDENING, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 27, 20030. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: I" - ~ "i - 0 3 ~o..,~t 'O~J BEVERL CLK ENING Plaintiff \ () "> 0 = ~; = -n '-'-' -U U '=' -1 :c :D ~~l ,;~~~' rq m c-, r- Co) :g~ Cj)),:~ 0 0 E-S t'.. ::;:jL " ~ .-..'.. ,'~ ~i~, -....,. ~r~ J""' ::~ '-,._-, -( ,. ~~~~ '..J:) BEVERLY K. CLENDENING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-403 CIVIL TERM JAMES E. CLENDENING, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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! 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: J;1./';}'IJo3 I . 65~L'f~ J( ~ J. BEVERL CLEN ENING Plaintiff \ () c -~ -0 ~.~j, IT'I; -7-' :?<.L, ((J,;, ?-~~'. ~- }~; l~~-., ~":"'~ Y'C: ~ r--.> = = <..0.> Cl r" ('") <>, C> :s .-'-.... ~ -I .... rn~ -om -'.J9 ()o :;.1:+\ c5.~~ :;:~rp . , ,-. .-,~\ ~ - .~ ..0 !7."o3-'f03 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this,Jjtfiy of December 2003, by and between BEVERLY K. CLENDENING, (hereinafter referred to as "WIFE") and JAMES E. CLENDENING, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 28, J 974, in Carlisle, Cumberland County, Pennsylvania. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2003-403 Civil Term on January 27, 2003. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart trom each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. FUliher, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neithe:r party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or othl~r activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (a) is represented by counsel of his or her own choosing; (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and. of the rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each furth,er represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty or expense shall be paid solely and entirely by the individual who is finally 3 determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. REAL ESTATE: The parties own real estate situate in Southampton Township, Cumberland County, Pennsylvania known as 6 Forestry Road, Shippensburg. WIJIE agrees to convey all right, title and interest is said property to HUSBAND. Within (60) days from the date of the Marriage Settlement Agreement. HUSBAND will refinance the existing mortgage into his own name. HUSBAND will hold WIFE harmless from any liability for payments related to the mortgage and certifY that the payments on said mortgage have been made in a timely fashion. 8. 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 and hold the other party harnlless for 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. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIF'E covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnifY and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms ofthis Agreement. 4 10. SPOUSAL SUPPORT and ALIMONY: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support or alimony to the WIFE: for herself following the entry of the Divorce Decree in this case. WIFE will not provide any financial spousal support or alimony to the HUSBAND. No alimony will be paid by either party to the other after the entry of the Decree in Divorce in this case. 11. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: (a) The personal property in his possession; (b) His bank accounts; (c) Any life insurance policy; and (d) His employee benefits. HUSBAND shall pay to the WIFE the following: (a) The sum ofTen Thousand and no/IOO ($10,000.00) Dollars upon signing this Marriage Settlement Agreement. (b) The sum of Forty Thousand and no/100 ($40,000.00) Dollars from two Certificates of Deposit. I. A total of $15,000.00 to be paid on March 3, 2004, 2. A total of $25,000.00 to be paid on March 10,2004. (c) The sum of Forty Five Thousand and no/IOO ($45,000.00) Dollars from the mortgage refinance to be paid by HUSBAND within sixty (60) days of the signing of the Marriage Settlement Agreement. (d) A transfer from HUSBAND's LESOP in the amount of Twenty Five Thousand and no/IOO ($25,000.00) Dollars to WIFE's IRA by a Qualified Domestic Relations Order to be prepared by HUSBAND's counsel. Interest to be paid from the date of the Agreement on said distribution. 5 WIFE shall receive the following items: (a) The personal property in her current possession., (b) Her bank accounts; (c) Any life insurance policy in her name; (d) Her employee benefits; WIFE shall be paid the following by the HUSBAND: (a) The sum ofTen Thousand and no/IOO ($10,000.00) Dollars upon signing this Marriage Settlement Agreement. (b) The sum of Forty Thousand and no/IOO ($40,000.00) Dollars from two Certificates of Deposit. 1. A total of$15,000.00 to be paid on March 3, 2004, 2. A total of $25,000.00 to be paid on March 10, 2004. (c) The sum of Forty Five Thousand and no/lOO ($45,000.00) Dollars from the mortgage refinance to be paid by HUSBAND within sixty (60) days of the signing of the Marriage Settlement Agreement. (d) A transfer from HUSBAND's LESOP in the amount of Twenty Five Thousand and no/lOO ($25,000.00) Dollars to WIFE's IRA by a Qualified Domestic Relations Order to be prepared by HUSBAND's counseL Interest to be paid from the date of the Agreement on said distribution. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal propelty of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are. then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 6 Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 12. AUTOMOBILES: (a) HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. (b) WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they have in any automobile owned by the other party and agrees to sign any documents requested to complete the transfer. 13. INSURANCE. EMPLOYEE BENEFITS AND INCOME TAX EXEMPTIONS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. .7 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. 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 fmiher instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 8 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 9 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ~ (=o,JII~f1 r- I~L" BEVERL)CR, CLiN~ENING (c ./ / )"ll..j'l/t,,, "'-)~ _ i.. 'C ( ~c : ,: JA~ES E. CLENDENING 10 (SEAL) "\ / ) (SEAL) '. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALL Y APPEARED BEFORE ME, this 2.1.(- ~ay of ~.t.TL-- 200~, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, BEVERLY K. CLENDENING, known to me (or satisfactorily prov(m) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. \COMMONWEAL~';;:NNSYLVANIA\ MartIla L Noel. No48IY Public Cat\IoI8 BolO, QJt1beI1and County My CommisSIOO Expires Sept. 18. '1JYJ7 'Member, Pennsylvania Association Of Notaries ~ COMMONWEALTH OF PENNSYL VANIA ss: COUNTY OF cttMBERLAND \=y(.,-.,-\L\...~ PERSONALLY APPEARED BEFORE ME, this [:3\ " day of ~Y\'U.Cl '\.'S ' 200.-1, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JAMES E. CLENDENING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Cli..l..:.y..1\ (X::J QC(tup 11 CO~~==::V.J CllyOf(:hambelsbulg, F~ CcuII\' My('A,'''~IEJ<pl\'MAup. 4. :tl~'!. M(\mbar..Ptnr.,~:/:.. ;;-":'1,,):1 () ....., ~ = c: = s:: "'- .''P,~-. <- :t:n [:1' ~ I :>~ ~> ~ ~! ;:;i " w U! :D .-< = 0 r~(--.-' -< ~ ~;: '-~-': -0 I .i::E: ;:!;: 2~ ~ 0 Z ~ =< W ~ -./ BEVERLY K. CLENDENING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-403 CIVIL TERM JAMES E. CLENDENING, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on January 27, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: /) Iv c.; ~~ [C~t~ J S E. CLENDENING U De dant (') C ;:;~l!~ ~, In, .," ~?r" s::1;~,~ r-' ~.s t-.:-C) ..-c-o J>c' ~ '. " ::.: ~ w -' ...., <=:> = .r- !;-- ~- =<<: w C) ~ "E.,-, nl~J -oF;:; ~6 ::r::+j 95 om ~ -.0 -< BEVERLY K. CLENDENING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003-403 CIVIL TERM JAMES E. CLENDENING, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ) / Sf l( ~~. f c~~ J ES E. CLENDENING U D endant o s:; ~J ~n :Z ~ "" = = .c- <- ::;.- z w o 9 n ~~ :D~ o -.... ::c.-,.; Q-" ."'-~ ~ J.- ~ 'V ::E: Cf? u:J co BEVERLY K. CLENDENING, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-403 CIVIL TERM JAMES E. CLENDENING, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being dilly sworn according to law, deposes and says: 1. I have been advised of the availability ofmaniage 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 maniage 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1/ )' P l.( Ja~ [~/i~7^ J S E. CLENDENING D endant Q ~=,; ~~.... -T)C-=-" r..., ( ' :-? ~. ~~::: ~=C_ );"'C '::J -. ,..., "'~ "'" ..c- <- :po ;;z: W o ~ --l :J:,., ~';;i' ~' ,,?, ~.. ~ '< -u ::JJ: '2 c.., -oJ BEVERLY K. CLENDENING, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003 - 403 CIVIL TERM JAMES E. CLENDENING, 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 complaint: A certified copy of the Complaint in Divorce was served upon the defendant, James E. Clendening, on January 30, 2003, by certified, restricted delivery mail, addressed to him at 6 Forestry Road, Shippensburg, Pennsylvania, 17257. with Return Receipt Number 70012510 0009 2828 4563. 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: December 24, 2003; by defendant: January 5, 2004. (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (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 10 Section 3301(c) Divorce was filed with the Prothonotary: December 30, 2003. Date defendant's Waiver of Notice in Prothonotary: January 30, 2004. ~ Date: January 30, 2004 () c ;;r-;;' ~p i~j ..J.. c- Z :;2 ~ <= = -""' o 'T, =r m::!J -or:;; e$6 :233 2n om ~ .:n -< L. ",. :z w <:::> " :::: w .. (....l co . . . . .. . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY . PENNA. . STATE OF . . BEVERLY K. CLENDENING, . . . . . NO. 2003-403 CIVIL TERM PLAINTIFF VERSUS . . JAMES E. CLENDENING, DEFENDANT . DECREE IN DIVORCE . . . . . f~ /). .;1?:~rA.tfa. ~q, IT IS ORDERED AND . . . AND NOW, DECREED THAT BEVERLY K. CLENDENING, PLAI NTI FF, . AND JAMES E. CLENDENING, , 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 Marriage Settlement Agreement dated December 24, 2001, And Rignpo hy the . . ivorce Decree hut not mergeiJ. . . ATTEST: d . ~. I ~~~ PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . ~~ f)r/ ~?;"/7/ ,r.?~/A /7/./1/ t? Y~f/.?J1/ J2v .:? /'rJ1/ .4kJ , P; IJ(J t'/ . C" , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beverly K. Clendening, Plaintiff Civil Action - Law () v. No. 2003-00403 - Civil Term James E. Clendening, Defendant In Divorce a v.m. QUALIFIED DOMESTIC RELATIONS ORDER This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefit under the Ingersoll-Rand Company Defined Contribution Plan as stated in Section (1) below and is entered pursuant to the authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. This Order relates to the provisions of marital property rights. Section (1) - Plan Name The Name of the Plans to which this Order applies are The Ingersoll-Rand Company Employee Saving Plan and the Ingersoll-Rand/Clark Leveraged Employee Stock Ownership Plan. Section (2) - Participant Information Name: James E. Clendening Address: 6 Forestry Road, Shippensburg, Pennsylvania 17257 Social Security Number: 169-38-5344 Date of Birth: June 6, 1950 Section (3) - Alternate Payee Information Name: Beverly K. Clendening Address: 269 Neil Road, Shippensburg, Pennsylvania 17257 Social Security Number: 166-48-8830 Date of Birth: April 12, 1955 Alternate Payee has an interest in the Participant's vested account balance under the Plan as named in Section (I) ofthis Order. An "Alternate Payee" as defined by Internal Revenue Code Section 414(p)(8) is a spouse, former spouse, child or other dependent of the Participant. NOTE: The Alternate Payee shall be responsible to notify the Plan Administrator in writing of any changes in his or her mailing address subsequent to the entry ofthis Order. Section (4) - Amount Assigned to the Alternate Payee The amount assigned to the Alternate Payee is Ten Thousand ($10,000.00) Dollars from the Ingersoll Rand Company Employee Saving Plan and Fifteen lhousand ($15,000.00) Dollars from the Ingersoll-Rand/Clark Leveraged Employee Stock O"mership Plan. Interest, gains and losses on said amounts shall be allocated from January 5, 2004, until the date of distribution. Section (5) - Commencement of Benefits Upon receipt of this properly completed Qualified Domestic Relations Order, the Alternate Payee's assigned benefit will be processed as soon as practical following the 30 day appeal period or upon receipt of a properly completed and notarized Waiver of Appeal form. The Alternate Payee will be contacted by the Plan Administrator for specific information required to set up a separate account and to provide information regarding distribution options. Upon receipt of the required information from the Alternate Payee, the record keeper will establish a separate account for the Alternate Payee's exclusive benefit. Section (6) - Understandings and Conditions I. Change in Plan Sponsor - Changes in Plan Sponsor, Plan Administrator or Plan Name shall not affect this Order. 2. Death of the Alternate Payee - In the event of the Alternate Payee's death prior to the distribution of the assigned benefit, the amount assigned willi be paid out to hislher estate. 3. Name and Address - The Participant and the Alternate Payee must advise the Plan Administrator of any changes in the mailing address( es) or legal name(s) as previously set forth in this Order. 4. Notice of Prior Order - By the submission of this Domestic Relations Order, the interested parties in this cause certify that they are not aware of any prior Orders which purport to dispose of the benefits described herein. Should a prior Order exist, it is the responsibility of the interested parties to advise the Plan Administrator prior to the Plan Administrator's determination of the "qualified status" ofthis Order. 5. Qualified Domestic Relations Order - This Order is intended to fulfill the requirements of a Qualified Domestic Relations Order pursuant to Section 414(P) of the Internal Revenue Code, and as such, this Order is not intended to require tht: Ingersoll-Rand Company Defined Contribution Plan(s) to provide any increased payments over those otherwise due the Participant under the Plan. 6. Tax Basis - The tax basis of the distribution to the Alternate Payee must be on a pro-rate basis pursuant to Internal Revenue Code Section 72(m)(lO). 7. Terms - The terms used in this Order shall have the same meaning as in the Ingersoll-Rand Company Plan document(s). 8. Valuation - Accounts are valued on a daily basis. The A11Iernate Payee's assigned portion will be taken proportionately from all available funds in which the Participant has a vested account balance. Prior to July I, 2002, the allocation date must be stated as a quarter end date. *~r' J. V1N(fl\l(r:N~ rid 11'" 'r(......' r ,_,,_'~1('\1"'\ 1\..l-i\1 ,;",',) ,I .';: ::;~~'~!, l-.J 02 :0\ \cl~J 6- lnr ~GOl 1"',11'1' 'Q"10"" , :J'i-U. :10 AC.ll/;..\.;I'i f1 wiJ-,~ 38\:l~o-<J31\:1 CONSENTED TO: Date: ~IAMA. IS"', ~J <3DJ1DAO~ K G'OL?, (J..~ ) Bever :C. Clen ening Date: ~ PYkY . . ~6. ;/i/~ ha B. Walker, ~squire, Attorney for Defendant Date: ~ tM<-<- I ~ ,. 'lo 6 L( Date: J~ IS~ A:JoJ I -( 1260382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beverly K. Clendening, Plaintiff Civil Action - Law v. No. 2003-00403 - Civil Term James E. Clendening, Defendant In Divorce a v.m. STIPULATION AND AGREEMENT By and between Beverly K. Clendening, Plaintiff, and James E. Clendening, Defendant, WITNESSETH: WHEREAS, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and signed by the Court, hereby stipulate and agree that the Court may enter the attached Order of Court. IN WITNESS WHEREOF, the parties, intending to b,~ bound by the terms and conditions of this Agreement, execute this Agreement by signing below. 3.~1'" (;^~ J< [p._ ,J. ' Beverly<] . Clen 'ng \ !vI B. Walker, Es uire, Attorney for Defendant J E I verify that the statements made in this Stipulation and Agreement 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: 5'M'\( /5". ,2004 G 'Be~~r~K.I~e~~:; j.' '\ I verify that the statements made in this Stipulation arld Agreement 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: ~ I~ 2oo'{ ,2004 ~,f I verify that the statements made in this Stipulation arld Agreement 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. ~ _I- Date: If; ,2004 I verify that the statements made in this Stipulation and Agreement 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: tbv I ,2004 ~~1l~ Attorney for Defendant + + + ii +. + + + + ~+~+~++++++++~+.++ ++++++++++++++++++++++++.+++++++++ ++++ ++++++ +++ + IN THE COURT OF COMMON PLEAS + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + OFCUMBERLANDCOUNTY STATE OF PENNA. BEVERLY K. CLENDENING. II I 2003-403 CIVIL TERM No. PLAINTIFF VERSUS JAMES E. CLENDENING. DEFENDANT DECREE IN DIVORCE 07:25 AM AND NOW, February 12 ,2004 , IT IS ORDERED AND DECREED THAT BEVERLY K. CLENDENING , PLAINTIFF', AND JAMES E. CLENDENING , 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 Marriage Settlement Agreement dated December 24, 2003, and signed by is hereby incoporated into this Divorce Decree but not merged. + + + + + + + + + + + + + + + + + + + + + + + + + + +\ By THE COURT: Edward E. Guido ATTEST:L'~~ (' Certified Copy Issued: PROTHONOTARY February 12, 2 04 +. ++++.+++++++++ +++++ +++ +++++++++++++++++ +;+''1'++ +++++ + +. '+ +"., + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + J. !~_? \ ..~ ,..-.] v...;) (._.-.1 ;j;.-~ C:-: '. n -'11 .-, , r,..) ;Ii ;'::) ( -~:: (;;:-.1 I:\Client Directory\McCormick-C\Pleadings\Divorce Pleadings\Answer to Petit for Bifurcat.wpd October 18, 2005 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Orandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for PlaintifflRespondent CHRISTINE L. McCORMICK, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-404 CIVIL TERM WILLIS J. McCORMICK, II, Defendant/Petitioner : CIVIL ACTION - DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR BIFURCATION PURSUANT TO 23 PA.C.S.A. & 3323 I. Admitted. 2. Admitted. 3. Denied. Defendant filed a Motion for the Appointment ofa Master, 3301(d) Affidavit, Inventory and Appraisement and an Income and Expense Statement on or about July 1,2005. 4. Admitted with clarification. While Wife has t:ngaged in discovery, there still exists outstanding discovery issues that have not been answered by Husband. 5. Admitted. 6. Admitted. 7. Admitted with clarification. Wife has not fill:d her Income and Expense Statement due to the fact that Husband has not completely r<~plied to her requested discovery. 8. Admitted with clarification. Wife has not filed her most recent federal income tax return due to father having not replied to Wife's outstanding discovery request. I:\Client Directory\McCormick~C\Pleadings\Divorce Pleadings\Answer to Petit for Bifurcat.wpd October 18,2005 9. Admitted with clarification. Wife has not filed her Inventory due to Husband not responding to Wife's outstanding discovery request. 10. Admitted. I I. Admitted. 12. Admitted. 13. Denied. It is denied that any compelling circulIllstances exist requiring the entry of Divorce Decree. Husband filed for the Appointment of Master. Wife indicated to the Master that some minor additional discovery was required. The Master instructed Wife that a conference would not be scheduled until Husband completed this discovery. Wife wrote a letter to Husband's attorney asking that the discovery be provided so that the case could move forward. Husband's attorney failed to respond to said request and instead filed the present Petition for Bifurcation. Husband's refusal to provide the remaining outstanding discovery is the only thing preventing the case from going forward. The divorce action may proceed to the Master as soon as Husband has complied with Wife's discovery request, therefore there is no need for a bifurcated divorce. 14. Denied. Wife specifically denies that sufficient economic protections have been provided and strict proof thereof is demanded at the time of trial. Further, said averment is denied for the following reasons: (a) Should a divorce decree be entered, Husband would have no incentive to move toward a final resolution with respect to the outstanding economic issues. It is clearly evident from Husband's refusal to provide the remaining discovery sought by Wife, that Husband will not cooperate in bringing the case to a conclusion if a bifurcation is 1:\Client Directory\McCormick-C\Pleadings\Divorce Pleadings\Answer to Petit for Bifurcat.wpd October 18,2005 granted. (b) Wife believes that the entry of a bifurcated divorce decree would severely and negatively affect the her property rights with respect to Husband's 40 I (k) and Pension. For instance, if a bifurcated divorce is granted Wife will no longer be Husband's surviving spouse with respect to his qualified plans under ER1SA. Should Husband pass away before the resolution of the equitable distribution claims Wife could receive nothing from these plans. (c) Wife will lose her entitlement to receive the proceeds from Husband's life insurance policy. (d) Wife would be precluded from the enjoyment of the benefits of the Probate, Estate and Fiduciary Code. (e) The period of coverage for health insurance under COBRA Benefits begins to run as of the date of the entry of the Divorce Decree, thereby allowing the possibility that Wife's coverage under COBRA would expire prior to any resolution of the equitable distribution claims. (f) Should Husband pass away after the entry of the Divorce Decree but prior to a resolution of the equitable distribution claims, Wife would be prejudiced in future litigation due to the effect ofthe Dead Man's Rule. I:\Client Directory\McCormick-C\Pleadings\Divorce Pleadings\Answer to Petit for Bifurcat.wpd October 18, 2005 WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's requested relief. Date: October 18, 2005 By: Respectfully Submitted: MARl P. ~TIl & ABSOCIATES / ,/1 KRI TOPHER T. SMULL, ESQUIRE Attorney J.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Respondent VERIFICATION I, Christine L. McCormick, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. Date: I U / I ~} 0 r- C~'11'~ l:\CHent Directory\McConnick-C\Pleadings\Divorce Pleadings\Answer to Petit for Bifurcat.wpd October 18.2005 CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Plaintillherein, do hereby certify that on this date I served the foregoing document by depositing a tme and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, P A 17101 Date: October 18,2005 By: KRIST PHER T. SMULL, ESQUIRE Attorney J.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA l70ll Telephone No. (717) 909-4060 Attorney for Plaintiff/Respondent j~ () r" <--~ ~:j~ n ,:' ~ \,..:; -;:-', ;,~ '.:;1..." ;'.1. ;:.c~ >.'-, /-, r:: r:? (./i ,'\ "~ ;'-~{ ')", . ~~ :-<:: - , 17