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HomeMy WebLinkAbout03-0563 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attornevs for Plaintiff NICOLE R. PEETERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. {?3 - .5'&0 t:;J CIVIL ACTION - LAW IN DIVORCE PAUL J. PEETERS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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. 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff NICOLE R. PEEfERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. PAULl. PEETERS, Defendant CIVIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anularniento puede ser ernitado en su contra por la Corte. Una decision puede tambien ser ernitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Connnon Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELL OS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIA TO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERlGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attornevs for Plaintiff NICOLE R. PEETERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. /; - "/ NO. 03- 1'~3 ~ r~ PAUL 1. PEETERS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(0 OR (D) OF THE DIVORCE CODE 1. Plaintiff is Nicole R. Peeters, an adult individual who currently resides at 4201 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Paul J. Peeters, an adult individual who currently resides at P.G. Box 1436, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Connnonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 18, 1994 in Ocho Rios, Jamaica. 5. There have been no prior actions of divorce or for annuhnent between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1 ) child of this marriage under the age of eighteen years, namely Collin Peeters, date of birth November 29, 1996. 8. The marriage is irretrievably broken. The parties have been living separate and apart since August 2001 and continue to do so. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also fIle such an affidavit. 11. In the alternative, Plaintiff will fIle a 3301 (d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 330l(c) or (d) of the Divorce Code. COUNT I EOUlTABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, REAGER & ADLER, PC Dated: 2fl!D Y By: Attorneys for Plaintiff VERIFICA TION I, Nicole R. Peeters, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I Wlderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to Wlswom falsification to authorities. Date: cP. ,/D 3 //1 [ f! ile L Nicole R. peeters./ /1 /1 .~ x!tro~ I ~~ '-. "'- W ~ ~ '-I) VV \t\ "t' ,~ 9..J "i! '-. ~ ~"\~. ~ 'J ~ ~ \j ~. ~ ~ \ ~\\ ~~~~ '\ \t t o c ,. ..:) '~.-=i \c --< ~. NICOLE R. PEETERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-563 PAULl PEETERS, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICA TE OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, p,e. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Paul J. Peeters, by Certified Mail, Restricted Delivery on the 18th day of February, 2003 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, frrst class, Certified Mail, E=Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Paul J. Peeters P.O. Box 1436 Mechanicsburg, P A 17055 Date: 2j2DjD-~- ~q~ REAGER & ADLER, P.e. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 66378 --r'1 >-,~ ,J '..c,; rn_ Z ;',,) trj C ;::: ~T) ~ C) :X: -c i.".:.) "''', >(:: ::::: Z:.,) ~:.C~ -::i _<., -" - · Complete Items 1, 2, and 3. Also complete . Item 4 if Restricted Delivery is desired. · Print your name and address on the reverSe 80 that we can return the catd to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article AcIdressed to: Et)PA~' -S.Pee.t l'l e (l), f60~ /.,3(0 fr1e~f)~ CS ~JI!J. PA l~O 8- V I 7'D s:s- : ':--0::=-..:;::::;1 DAgent D~ Dyes DN1iEs Dt ceType Certified Mail D Express Mail D Registered lJ Return Recelpt for MerchandIIe D InsurecJ Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service IabeQ 7002 2030 0000 2095 1070 l02595-oo-M-otlS2 PS Form 3811. July 1999 Domestic Return Receipt EXHIBIT A es - () ~; 'lED !::[J[H Z~,. (j J ll::~'..~ r::C:' :;; , -.", C.~ "'=() $-C z ~ . . c.. :.,,) Jordan D. Cunningham, Esquire Supreme Court J.D. 23144 Cunningham & Chemicoff, P.C. 2320 North 20d Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Defendant NICOLE R. PEETERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 03-563 Defendant : CIVIL ACTION -LAW : IN DIVORCE PAUL 1. PEETERS, AFFIDAVIT OF CONSENT I. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on February 6, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. 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. S4904 relating to unsworn falsification to authorities. Dated: ~I).ot t D~ F:\HOME\C AZ\O-P\PEETERS\330 I (C)P. WPD ) /!I U lL{ 1< ii[/~ Nicole R. Peeters , .-:~ ; ',-\ (-,~.,\ - t.:.. - Jordan D. Cunningham, Esquire Supreme Court 1.0.23144 Cunningham & Chernicoff, P.C. 2320 North 2nd Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Defendant NICOLE R. PEETERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-563 Defendant : CIVIL ACTION -LAW : IN DIVORCE PAUL J. PEETERS, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under g3301(c) of the Divorce Code was filed on February 6, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry ofa Final Decree of 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 P .S. g4904 rela' g to unsworn falsification to authorities. Dated: F,\HOME\CAZ\O-PIPEETERS\330 I (C)D. WPD /;01/0S- -"" cJ , -- 1". - Jordan D. Cunningham, Esquire Supreme Court LD. 23144 Cunningham & Chemicoff, P.c. 2320 North 2nd Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Defendant NICOLE R. PEETERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 03-563 PAUL J. PEETERS, Defendant : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330I(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is finalized. 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. (l4904 relating to unsworn falsification to authorities. /77 ( t.{l l Nicole R. PeeterS 7 /J.fu~ / / I Dated: '-1120 ) tS F '\HOME\CA~\O-P\pbETERS\330 I (C)P. WPD ,-..., ._-) CO) (.'.) r.:' Jordan D. Cunningham, Esquire Supreme Court LD. 23144 Cunningham & Chernicoff, P.c. 2320 North 2"d Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Defendant NICOLE R. PEETERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-563 PAUL J. PEETERS, Defendant : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330l(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 finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe 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. false statements herein are made subject to the penalties 0 Pa.C.S. 9490 falsification to authorities. I understand that ating to unsworn -~ Dated: /).q)S-- F,IHOMEICAZIO-PIPEETERSI330 I (C)D. WPD I') c) \"'~ -~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICOLE R. PEETERS Plaintiff : NO. 03-563 V. : CIVIL ACTION - LAW PAUL J. PEETERS, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6330Hd) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if] do not claim them before a divorce is finalized. 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. 94904 relating to unsworn falsification to authorities. Dated: c.(.! 2 {II (j s,- /);'7 i (ltU ,.) ~U7i::::> Nicole R. Peeterl / , F:IHOMEICAZIO-PIPEETERSI W AIVNOT. WPD f:\HOME\CAZ\O-PIPEETERS\W AIVNOT.WPD ,. :".) '-'." C.J GC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICOLE R. PEETERS Plaintiff : NO. 03-563 v. : CIVIL ACTION - LAW PAUL J. PEETERS, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330Hd) 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 in do not claim them before a divorce is finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe 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 0 8 Pa.e.S. ~49 relating to unsworn falsification to authorities. Dated: f);7 /0 5 -------- Pa F:\HOME\CAZ\O-P\PEETERS\ Waivdef. wpd F:\J-IOMI'\CAZ\O-P\PEETERSIWaivdefwpd l",: --.: ~ - .) '- - - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NICOLE R. PEETERS Plaintiff v. : NO.: 03-563 : CIVIL ACTION - LAW PAUL J. PEETERS, Defendant : IN DIVORCE COUNTER-AFFIDAVIT UNDER & 330Hd) OF THE DIVORCE CODE I. Check either (a) or (b): 2L(a): I do not oppose the entry of a divorce decree. _ (b): I oppose the entry of a divorce decree because (Check (I), (ii) or both): (I) The parties to this action have not lived separate and apart for a period of at least two years. _(ii) The marriage is not irretrievably broken, 2. Check either (a) or (b): X (a): I do not wish to make any claim for economic relief. 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. _ (b): I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I under stand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice ofIntentio to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. FoIHOMEICAZIO-PIPEETERSICOUNAFF. WPO I verify that the statements made in this affidavit a t tillse statements herein are made subject to penalties of P.. falsification to authorities. Dated:~ -- .~', L~:' ~'~ ~ \ -- (....) ~ MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN PAUL 1. PEETERS AND NICOLE R. PEETERS Jordan D. Cunningham, Esquire Cunningham & Chemicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Nicole R. Peeters) TABLE OF CONTENTS HEADINGS I. ADVICE OF COUNSEL ............................. 2. DISCLOSURE OF ASSETS .......................... 3. EQUITABLE DISTRIBUTION ........................ (a) Real Property ............................ (b) Business Interests ....................... (c) Furnishings and Personal Property ........ (d) Miscellaneous Property ............. (e Property to Wife ......................... (f) Property to Husband ...................... (g) Assumption of Liabilities ................ (h) Liability Not Listed ..................... (i) Indemnification of Wife .................. (j) Indemnification of Husband ............... (k) Warranty as to Future Obligations ........ PAGE 2 3 4 4 5 5 5 6 6 6 7 7 8 8 i TABLE OF CONTENTS (Continued) HEADINGS 4. CUSTODY OF MINOR CHILD ..................... (a) Weekend Visitation ....................... (b) Weekday Visitation ....................... (c) Summer Vacation .......................... (d) Holidays ................................. (e) Christmas ................................ (1) Other .................................... (g) Transportation ........................... (h) Harassment or Interference ............... (i) Summer Camp ............. (j) Extracurricular Activities ............ (k) Daycare......... (1) Entry of Court Order ..................... (m) Other Custody Rights ..................... (n) Illness ofChi1d ......................... 5. COUNSEL FEES .................................. 6. WAIVER OF BENEFICIARY DESIGNA nONS ............ PAGE 9 9 9 9 9 10 10 10 10 10 11 11 11 11 Jl 12 12 ii '. TABLE OF CONTENTS (Continued) HEADINGS PAGE 7. RELEASE OF CLAIMS ............................. 13 8. PRESERVATION OF RECORD ........................ 14 9. MODIFICATION ................................. 14 10. SEVERABILITY ................................. 15 11. BREACH ....................................... 15 12. WAIVER OF BREACH ............................. 15 13. NOTICE ....................................... 15 14. APPLICABLE LAW............................... 16 15. AGREEMENT BINDING OR PARTIES AND HEIRS ....... 16 16. ENTIRE AGREEMENT ............................. 16 17. PRIOR AGREEMENTS ............................ 17 18. INCORPORATION OF DOCUMENTS ................... 17 19. MUTUAL COOPERATION ........................... 17 20. DATE OF EXECUTION ............................ 17 21. EFFECTIVE DA TB ............................... 18 22. AGREEMENT NOT TO BE MERGED ................... 18 23. EFFECT OF RECONCILIATION RECONCILIATION A TIEMPT .................. 18 24. HEADINGS NOT PART OF AGREEMENT ............... 18 25. COUNTERPARTS ................. 19 iii MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made and concluded this z.qtndaY of llfXl \ 2005, is made by and between PAUL J. PEETERS ofY ork County, Pennsylvania (hereinafter referred to as "HUSBAND"), and NICOLE R. PEETERS of Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), WITNESSETH: WHEREAS, WIFE was born on June 20, 1972, and currently resides at 4201 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, HUSBAND was born on March 11, 1968, and currently resides at 819 Latimore Creek Road, York Springs, York County, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been married on November 18, 1999 in Ocho Rios, Jamaica; WHEREAS, the parties are the parents of the following minor child: Nmilll ~ Date of Birth Collin 1. Peeters M 11129/96 WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency 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: I. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Jordan D. Cunningham, Esquire, and HUSBAND understanding he has a right to be represented by his own counsel has waived that right. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. ~3101, et ~., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other 2 court of competent jurisdiction, make any detennination or order affecting the respective parties' rights to alimony, alimony Dendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties heretow further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege 3 therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3. EOillTABLE DISTRIBUTION: (a) Real PrODertv: The parties acknowledge that HUSBAND and WIFE are the owners ofa parcel of real property known and numbered as 4201 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. The cost of any repairs to the real property necessary to sell the property shall be equally split between the parties. The parties agree the aforesaid real property shall be privately sold to a third party at a price which will pay in full the first mortgage owed to Countrywide Home Loan, Account Number 005-868-965; the second mortgage owed to Greentree Mortgage Services, Account Number 6902226577 (with the exception of $3,900.00 for late fees and extensions on the second mortgage owed to Greentree Mortgage Services which HUSBAND shall pay separate and apart from the proceeds of the sale); outstanding sewer and trash liens and invoices; and normal closing costs such as transfer taxes, document fees, counsel fees related to the sale and closing of the property. In order to accomplish the sale of the real estate, both parties shall simultaneously execute a Special Warrenty Deed at the time of the execution of this Marital Settlement Agreement which deed shall transfer the property to WIFE who shall tender a Special Warranty Deed to the private purchaser at the time of settlement. 4 (b) Business Interests: The parties acknowledge that WIFE maintains an interest together with stock in Pro Deck Seal, Inc. and WIFE shall be responsible for all debt associated with the corporation. The parties agree that WIFE shall retain and receive as her sole and separate property any and all interest and stock she has in and to the interest in Pro Deck Seal, Inc. together with its associated debts and HUSBAND hereby waives and releases any and all right, title, claim or interest he may have in and to WIFE'S interest in the above listed partnership, including but not limited to, fixed assets and accounts receivable. ( c) Furnishinl!s and Personal Property: (i) Each of the parties recognize during the marriage they acquired certain furnishings and personal property. Each of the parties recognize that the furnishings and personal property acquired by them during their marriage is marital property as that term is defined in the Divorce Code. As of the effective date of this Agreement, HUSBAND sets over, transfers and assigns to WIFE all of his right, title, claim and interest in and to the furnishings of the marital residence identified on Exhibit "I." As of the effective date of this Agreement, WIFE sets over, transfers and assigns to HUSBAND all of her rights, title, claim and interest in and to the furnishing of the marital residence identified on Exhibit U2". (d) Miscellaneous Prooerty: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of 5 t any and all rights in such property from each to the other. ( e) Property to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. (1) Property to Husband: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to her by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. (g) ASSUffi,ption of Liabilities: (i) HUSBAND shall specifically agree he is responsible for the joint debt owed to AmeriChoice and Direct Merchants. HUSBAND shall be solely responsible for all debt he has incurred in his name alone and the joint debts listed in this sub-paragraph, including, but not limited to, obligations to issuers of credit cards in his name and the joint names set forth above, and HUSBAND further agrees that he will indemnify and hold WIFE and her property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. 6 (ii) WIFE agrees that she shall be solely responsible for all debt she has incurred in her name alone, including, but not limited to, obligations to issuers of credit cards in her name and WIFE further agrees that she will indemnify and hold HUSBAND and his property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. (iii) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes (past and future) and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability, cost or expense, including actual attorney's fees, that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. (h) Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and ail such debts, obligations and liabilities. (i) Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold WIFE liable for the marital and business debts or obligations assumed by HUSBAND under this Agreement as a result of his default in the payment of the said marital 7 or business debts, HUSBAND shall, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by WIFE in connection therewith. G) Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by HUSBAND in connection therewith. (k) Warranty as to Future Obligations: HUSBAND and WIFE shall take all steps necessary to assure that no credit cards or similar acconnts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any and all accounts on which joint liability may be incurred. HUSBAND and WIFE each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorney's fees, incurred in the event of breach hereof. 8 4. CUSTODY OF MINOR CHILD: HUSBAND and WIFE agree that HUSBAND and WIFE shall have shared legal custody of the parties' minor child. "Legal custody" as used herein shall mean the legal right to make major decisions affecting the best interest of a minor child, including major medical, religious and educational decisions; educational decisions shall be defined as those decisions directly related to or affecting the academic performance of a minor child in the classroom. HUSBAND and WIFE agree WIFE shall have primary physical custody of said minor child. "Physical custody" as used herein shall mean actual physical possession and control of a child. HUSBAND shall have the following rights of partial custody with said minor child as follows: (a) Monday evening from 5:30 p.m. to Tuesday morning at 7:00 a.m.; Wednesday evening from 5:30 p.m. to Thursday morning at 7:00 a.m.; and Friday evening from 5:30 p.m. to Saturday morning at 7:00 a.m. (b) Every other Saturday from 7:00 a.m. to Sunday at 9:00 a.m. (c) Summer Vacation: HUSBAND and WIFE shall each have a continuous period oftime each year during the summer vacation of the child, said length of time to be determined by HUSBAND and WIFE, said period of time not to exceed two (2) weeks in length. HUSBAND and WIFE shall provide each other with at least sixty (60) days prior written notice of the period he or she will so exercise his or her summer vacation period of custody. (d) Holidavs: The parties shall alternate custody of the minor children on the following holidays, with Mother having the Memorial Day in 2005, President's Day, Memorial Day, July Fourth, Labor Day, and Veteran's Day. The parties shall share custody on 9 Thanksgiving as follows: HUSBAND from Wednesday at 5:30 p.m. to Thursday at I :00 p.m. WIFE shall have custody of the rninor child on Easter. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day. In the event the parties have rights of physical custody of the minor child on a weekend and the party also has rights of physical custody on a holiday which falls on a Monday after the weekend, his or her period of physical custody shall extend over to the holiday and end at 9:00 p.m. (e) Christmas: HUSBAND shall have custody of the rninor child from Christmas Eve at 12:00 p.m. noon until Christmas morning at 10:00 a.m. (f) Other: Such other times as the parties may hereinafter agree. (g) Transoortation: In all cases HUSBAND shall be responsible for the pickup and redelivery of the minor child from and to the WIFE'S of domicile. (h) Harassment or Interference: The parties further agree that they will not utilize the right of custody or visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as hereinabove described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they may make immediate application with a court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or said interference. (i) Summer Camo: The parties further agree that HUSBAND shall be responsible for fifty percent (50%) of the cost of expenses regarding the minor child's attendance of an agreed upon summer camp. 10 G) Extracurricular Activities: The parties agree that HUSBAND shall be responsible for fifty percent (50%) of the cost regarding the minor child's participation in agreed upon extracurricular activities (sports, band, etc.). (k) Davcare: HUSBAND and WIFE agree that HUSBAND shall pay fifty percent (50%) of necessary daycare expenses. (1) Entry of Court Order: HUSBAND and WIFE agree to the entry of a Court Order of Custody in accordance with the terms and provisions of this Agreement by a court of competent jurisdiction. (m) Other Custodv RilrlIts: In addition to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the right of approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld. Each of the parties agree to provide the other with their address and telephone numbers, and to advise of any change thereof within ten (10) days. HUSBAND and WIFE agree that either one of them will have the right to refuse a child's request to have any body part pierced or tattooed. (n) Illness of Child: In the event of any serious illness of the child at any time, the party then having physical custody of the said child shall immediately communicate with the other party by telephone or any other means, infonning the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 11 '. 5. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for their respective counsel fees, costs and expenses which each of the parties may incur in connection with the negotiation and execution of this Agreement and the dissolution of their marriage. 6. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be names as a beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifYing as such beneficiary. 12 " 7. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or right of the other, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purpose. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite. alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other 13 jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. (c) Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 8. PRESERVATION OF RECORDS: Each party will keep and preserve for a / period of three (3) years from the date of divorce all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit. 9. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14 10. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 11. BREACH: If either party hereto breaches any provision hereof, the other party shall 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 13. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be effective by registered or certified mail, return receipt requested. Notice to WIFE, will be sufficient ifmade or addressed to the following: Nicole R. Peeters 4201 Nantucket Drive ~echarUcsburg,PA 15 and to HUSBAND, if made or addressed to the following: Paul J. Peeters P.O. Box 1436 Mechanicsburg, PA Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 14. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 15. AGREEMENT BINDING OR PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 16. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 16 17. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. 18. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 19. MUTUAL COOPERA nON: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 20. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 17 21. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as of April 2Q, 2005. 22. AGREEMENT NOT TO BE MERGED: This Agreement shall not be merged into the parties' divorce decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. 23. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18 25. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. IN WI1NESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgments. WITNESS: ~uM-A- fl. tnr NICOLE R. PEFJi'ERS / 19 " COMMONWEALTH OF PENNSYLVANIA COUNTY OF lJ~'l ss 'J_ct!5.. On this, the2q~day of 1JptJ..l.J ~efore me, a Notary Public, the undersigned officer, personally appeared PAUL J. PEETERS known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ NOTAFlIAL SEAL JULlEANNE AMETRANO, Notary Public City of Harrisburg, PA Dauphin Count\, I My Commission Expires Feb. 22. 20~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~J~ I : ss /' 1b ~5 On this, thel q day of ~fore me, a Notary Public, the undersigned officer, personally appeared NICOLE R. PEETERS known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~a&~ ARY PUBLIC NOTAR'A~ SeA~ JULlEANNE AMETRANO, Notary Public City of Hamsburg, PA Dauphin County My Commission Expires Feb. 22, 2007 20 EXHIBIT "1" 1. Living room couch and loveseat. 2. Yamaha Speakers. 3. Sony receiver. 4. Sony DVD player. 5. Weber Grill 6. King size bed 7. Sony bedroom TV 8. Bedroom TV stand 9. Bedroom VCR 10. Kitchen table 11. Camcorder 12. Dishes 13. Glasses 14. Cookware 15. Nightstand (owned prior to marriage) 16. Computer stand (owned prior to marriage) EXlllBIT "2" l. 48" Toshiba TV 2. Polk Audio Speakers (3) 3. Toshiba VCR 4. Sony S Disc CD Player S. 27" basement TV 6. Oak entertainment stand 7. Maroon couch 8. Double bed with frame 9. Infinity Sub Base 10. Treadmill with mat II. AB machine 12. Toshiba laptop 13. Dishes 14. Glasses 15. Cookware 16. Original Aikmen photo 17. RCA Satellite Dish with Receiver Box 18. Gateway Computer 19. Glass Entertainment Stand 22 , . CERTIFICATE OF SERVICE I do hereby state that on the \:s day of March, 2006, I served a true and correct copy of the foregoing Praecipe in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Paul J. Peeters P.O. Box 1436 Mechanicsburg, P A o (-: "'-..) ,',:~ , o -n .-1 ..... fll ::!J f'-' =.~~ t:J t"\ . ,(-, l' 'Y, :) .f) l~\I'n :9 CTI -< ::t: ~.,,", ;.:v f'.' -r::' '" o r ~ Jordan D. Cunningham, Esquire Pa. Supreme Court I.D. 23144 Cunningham & Chernicoff, P.C. 2320 North 2nd Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NICOLE R. PEETERS V. PAUL J. PEETERS, Plaintiff : NO.: 03-563 : CIVIL ACTION - LAW 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: , :.. 10 l,. , I. Ground for divorce: irretrievable breakdown under ~3301(c) or JJOl(J)(1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Defendant received the Complaint on February 18. 2003. as evidenced bvthe Certificate of Service filed to the within number. 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by Plaintiff: April 29. 2005 Defendant: April 29. 2005. (b) (1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: N/ A (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/ A 4. Related claims pending: N/A 5. (Complete either Paragraph (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: N/ A (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: May 13. 2005 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: Mav 13. 2005 Respectfully submitted, Dated: March 11, 2006 F:\HOMEIAHEWlTI\DOCS\O-PIPEETERSIPRAETRAN. WPD/file no. 415704 By: J LD. 144 23 0 North Second Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 ICOFF, P.C. 2 r--" ~;..., C~:l "'-,..... -' ~, ";:.:>" -::0 N -;:J :J:;:' ~ -t :;J::--n {"n- '.os=, :-:)9 (Jc;.~) -l~ .1-\ <5;;:-; -;-~ 1>-(' L) ::=i ~ - r:? - c:> ~~~~~~~~~~++ +++++++++~+.+.++.+++++++++++++++.+.+++++++~++++++++++++++++ , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . + . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . , . . . . , . , , , . , , , , . , , +++++++++++.++.~+++ +.+ +. +. + + +. ~ +. . . +. +. . +. +. +. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY '~ 03-563 CIVIL TERM , +. , +. , +. . +. . +. , +. " , STATE OF PENNA. NICOLE R. PEETERS, PLAINTIFF No. " " VERSUS PEETERS, PAUL J. " " +. " +. " " " " " " " " " " " " " " " . . . +. . +. . +. . . +. . +. . +. . +. . " +. DEFENDANT DECREE IN DIVORCE ^^~~ ~, iT is ORDERED AND AND NOW, NICOLE R. PEETERS DECREED THAT . PLAiNTIFF. PEETERS PAUL J. , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE +. . . . . . . . . . . +. . +. . . . . +. . . . . . . . . . . . + . . . . '. . BEEN RAISED OF RECC:fIJ4N THIS ACTION FOR WHICH A FINAL ORDER HAS VET BEEN ENTERED; v.;v~ The terms, provisions and conditions of the Marital Settlement Agreement, attached hereto, are hereby incorporated into thls Decree In Dlvorce by reterence as though tully set forth herein. Said Agreement shall not merge with but shall surviv8 this Decree in Divorce. Bv Am'~~ PROTHONOT ARV ++++++.++.+.+.++++.++++++++.+~ + +. 'I' +. +. NOT J. 47 ;7 /}~??yz/ 7.:?: -.-,.~~ fe: 7' /P"Z,_1fY 4&710/ , ,." -J{/je . r v . 9(1 .y,["