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98-02224
i~ 0 y, ~I ROBERT HLAINE DeBHONG, PLAINTIFF v. ROBIN K. D~SHONG, DEFENDANT IN THE CQUAT OF COMMON 8LEA8 CUMBERLi1ND COUNTY, PENNSYLVANIA NO. 98 -~~~y CIVIL TEAM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT3 YOU HAVE BEEN 9UED TN COURT. If.' you wish to defend against the claims seT. f.o.rth .i.n the following pages, you must take prompt. action. You ar.e 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 aga].nsL- you :f.or any ocher claim or relief requested in these papers by the Plaintiff. You may Lose money or property or other rights important to you, includ:i.ng custody or visitation of your children. When the ground for ].s indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is ava.i.lable in the Court Adm:inistrator's 0£fice, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, {?ennsylvania. IF YOU DO NO'I' E'ILE A CLAIM FOR AL]:MONY, DIVISION OF PROPERTY, LAWYER'S FEES OR E;XPENSE6S BEFORE A DIVORCE' OR ANNULMENT IS GRANTED, YOU MAY LOSE TFIE RIGfiT TO CI,A'1'M ANY OF TIiEM. YOU SFIOULD TAKE Tfil:S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO .NOT FIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR'I'il BELOW f0 FIND OUT WFIERE YOU CAN GET LEGAL HELP, Lawyer. Referral Sorvice Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 ('717) 299-3166 1-800-990-9108 ROBERT HLAINE D~SHONG, PLAINTIFF t-, ROBIN K. D~SHONG, DEFENDANT TN THE COURT OF COMMAN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 -ol„(,~yl CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(A)(1), 3301 (a) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1, The Plaintiff ].s Robert D].aine DeShong who resides at 100 Cumberland Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant. is Robin K. DeShong who resides at 100 Cumberland Drive, Camp hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least. six months immediately prior to the filing of this Complaint. 9. The Plaintiff and Defendant were married on June 29, 1988 in St. Croix, VI. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant i.s not a member of the Armed Services of the United States or any of its A1.:Lies. 8. The Plaintiff has been advised of the availability of counselinng and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE plaintiff requests this honorable court to grant him a divorce. 9, , .hereto Paragraphs ~~UNT ;? 1,g are 1p, incorAo aced e1n r 1p' he defers her 121 19pe at the marit committed adu by refQrNnCe lz the PlaintiF al home, lterY on the l3 ThAe Plaintiffflsas not Commicted night of AAril defendant N1a.intiff an innocent adultery. since gai has not and .in.~u WHEREEOR Wing kno resumed red sAous a divorce. ~' Alaint.i.Pf 1,e5u gtdgr of het adult~kal relations Iq. P his honora~'le court tlatiOnshiAth hereto aragraPhs 1~ C~~NT =Ir ° grant him 13 al'e owned 1A the Plaintiff xncorAorated herei AroPerty toPerty or oths nq Defendant ar n by reference r Proper e °wners equitably EFpRE' Plaint1~ ty which cons ~tertain ~ointlY Pdtties dividing or ~ requevts uses marit t a1 s y s gain is cour t g the marital tO .enter a Property betty QnG~het e Thomas ~ ~ orneY •f Gould .~ {/ of S East Ma 'p9 Plaintiff FaXi7~em731~ 1 wn trA t 761~19~91 P 17p11 IN 'PHE CUUR'I' U@' COMMUN PLEAS 0[" CUME3GRL~AND CUUN'PY, PENNSYLVANIA ROE3ERT BLAIN~; DeSHONG, Pla:inE::iff V. ROBIN K. L>eSHONG,, Defendant N0. 9R-2224 CIVIL 'fB~RM CIVIL ACTION - LAW IN D1volzcE FRAECIPE FOR ENTRY OF APPEARANCE Respectfully submitted, 3948 Tr. dle Road PA 17011 PHONE: ('717) 737-0100 Fax; (71'7) 975-0697 Voice Mail: (7L7) 558-5518 I.U. No. 3?_112 Attorney for Defendant DIANE 0. RADCLIFF 3M8TRINDLE ROAD CAMP HILL, PA 17011 (7171737.0100 TO THE E?ROTHONOTARY OF T}fE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, Robin K. De5hong in the above captioned matter. TN TF1G COtJR1' OL'' COMMON 1?LG;AS OL'' ClJMBC1RhANU COUN'Cy, Pf11VNSYI,VANTA ROBERT BLAINL, GeSLIONG, Plaintiff N0. 98-2224 C1V'LL TERM V. C:LVIL ACTION - LAW IN U.T.VORCL; .ROBIN K, DeSLIONG, Uef:endant , ANBWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, Ch i s 21S'P day of May , 1.998, comes the Defendant., ROBIN L.. DeSHONG, by her. attorney, Diane G, Radcliff:, Gsqu:ire, and fia.es the above-reF.erenced pleadings as follows; ANBWER TO DIVORCE COMPLAINT COUNT I. 1. Admitted. T. t. :is admitted that the Plaintiff is Robert Blaine UeShong, an adu:Lt .indivi.dual who cur.rentl.y r.esi.des at 100 Cumberland Dr.i.ve, Camp Hill., Pennsylvania 17011. 2. Adnlltted. Il; is admitted that the Defendant is Robin K. UeShong, an adult individual who rurrent].y resides at 100 Cumberland Dr.i.ve, Camp H.t11, Pen.nsy.lvani.a 17011. 3. Admitted. It is admitted that the Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at six months ammediatel.y previous tv the filing of the Complaint. f.t .is further averred thaT, the Defendant has been a bona fide r.es:i.dent. of t:he Commonwealth of Pennsylvania fo.r at six months immediately previous to the f.i.l.ing of the Complaint. 9. Admitted. It is admitted that the Plaintiff and Defendant were marr.i.ed on ,June 29, 1988 .i.n St, Croix, BVI. 5. Admitted. IC :i.s admtted that there have been no prior actions of divorce or. annulment between the parties. 6. Admitted. It is admitted that: the marriage is i..rretrievably DIANE G. RADCLIFF 3M1B TRINDLE ROAD CAMP HILL, PA 17011 PRUNE p171737.0100 FAx (717) 978.0897 ID M 32112 • ~ r, DIANE O, RAOCLIFF 3449 TRINDLF. ROAD CAMP HILL, PA 17011 PHONE (7171737.0101 FAX (7171978.0997 ID M 32112 '1 , 8, broken. Admitted. fC as achni.tted that the Defendant, is not a member of. the Armed Services of tho Un:LCed States or any of its al.l.tes, ff. is turLher averri~d ghat the Plai.nt:iff is not a member. of ~1 the Armed Serv.tcr~s of t'he Unl.tr:d :it:ates ar any of. i.ts aa.l.ies, Admitted. It :i. e; eidmatted.Chat Cite Plaintiff has been advised oC the avai..Lab:tL.iCy of cotnseling and ChaC. the Defendant may have a right to request that: f.he Court: require the parties par.ti.c:ipaCe in ,aid counse:l.ing, It is further averred that the Defendant has been advised of the availability of. counseling and that the Plaintiff may have a right to request that the Court require the parties participate in said t counseling, W!}EREEORE, the Defendant requests this Honorable Court to grant the Plai.nti.ff's request .for the entry of a divorce decree. CUUNT II 9. The Defendant :incorporates by references the Answers set forth i.n Paragraphs 1-8 herein the same as if said Answers were set forth at length. 10. Admitted. It is admitted that the Defendant committed adultery otr the night of. Apr.i1 10-1.1, 1998 at the marital home. 11. Admitted. It is admitted that the Pla.i.ntif.f has not committed adultery. 12, Admitted. I:t is admitted that the Plaintiff is an innocent, and injured spouse. .~. ~ ~ 13. Admit~~d, 1t is admitted that. the Plaintiff has not .resumed sexual. Re.lat:ions wa.th the Defendant since gaining knowledge of her adulterous re].at.ionship, WHEREFORE, the Defendant requests this Flonorable Court to grant the Plaa.ntif:f's r.equesC for Che ent.r.y of a divorce decree, COUNT III 19, The Defendant .i.ncorpor.ates by references the Answers set forth in Paragraphs 1-13 herein the same as if said Answars were set forth at .length, 15, AdmiY.ted. It .is admitted that the Plaintiff and Defendant are the owners of certain jointly owned property or other property which const].tutes marital property. WF~EREFORE, the Plaant.iff requests this Honorable Court to grant Plaintiff's request for equitable distribution of mariY.al property, DIANE 0. RADCLIFF 3448TRINOLE ROAD CAMP HILL, PA 17011 PHONE (7171737.0100 FA% (7171976.0897 10 M 32112 ,~UNTERCLAIM COUNT I: DIVORCE 16. The Defendant incorporates by references the Answers set forth in Paragraphs 1-15 herein the same as i.f said Answers were set forth at ].cngth. 1"l, This action is noC collusive. 18, The Defendant avers that the grounds on which the action is based are; .;. ec. That Plaint;iff has offered such indi;;.ities to the person of Che Defendant, the :Lnnorent and inJured spouse,.. as to ronder her. conrli.t.ton :Lntolerab7.e and life burdensome. O.r .i.n the alternative, b. That: P.hc marriage is :r.rehri.wabl.y broken. WHEREFORE, De.f.endant requests this Honorable L'ourt to enter a decree .in divorce, divorcing t:he Plai.ntilf and Defendant. COUNT II: EQUITABLE DISTRIBUTION 19. The Defendant .i.ncoepor.ates by ref:er.ence the averments set forth in Paragraphs ].-l8 hlere.in as fully as though the same were set faith at :Length. 20, Plaintiff. and Defendant have acquired property and debts, both real. and persorn.l, dur.:i.nq their. marr.i.age from June 25, 1988 until. present, al:l. of which :Ls "marital property". 21. Plaintiff and/or Defendant have acquired, prior to the marriage ot: subsequent %hernCo, "non-marital pr.oper.ty" which has increased in value since the date of marriage and/or. subsequent to :i.ts acqu.isit.i.on during the ma.r.riage, which i.ncr.ease in value i.s "marital. property". ~ 22. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the tiling of Chris Complaint. WHEREFORE, Defendant: requests this honorable Court 'to ', equi.t:ably divide all marital property and debts of the parl::i.es. DIANE 0, FWOCLIFF 3M8TRINDLEROAD CAMP HILL, PA 17011 PHONE pi7173%•0100 FAX p171976.0997 ID M 32112 - 4 :r COUNT III: ALIMONX PENDENTE LITE, ALIMONY 23, The Defendant Lnc:orporat:e;> by r.eferehce the averments set for.kh :i.n Pal°agraphs 1-?2 herein as lua..ly as though the same were set forth at. length. ?.4, Dcaf:end~nt .Lack;; sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. l5, Defendant requ.i.r.es reasonable support to adequately maintain herself in accordance with the standard of living estab.Lished during the marr.:iage. Wt1i~H'ORE, Defendant requests this hlonorable Court to enter an award of alimony pendente life until final hearing and hereafter. enter. an award of al].tnony permanently thereafter. COUNT IV: CQUNBEL EKES 26. The Defendant :i.ncor.porates by reference the averments set forth iri Paragraphs 1-25 herein as fu11y as though the same were set forth at ].engt.h. 2,7. Defendant has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 26. The Defendant :i.s in need of hiring various experts to appraise the parties' marital assets anc] does not have the funds to pay the necessary and reasonable fees. WFt~REFO1lE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional. sums hereafter. as may be deemed necessary and appropriate and at final hearing to further award such DIANE 0. RADCLIFF 3418 TRINDLE ROAD CAMP HILL, PA 17011 PHONE (717) 7370100 FAX (7171976~OB97 ID N 32112 5 additional counse:t £eos, costs and .expenses a;i are deemed necessary and app.ropriai:e. Respoct:£ully =submitted, DIANE 0, RADCLIFF 3118 7RINDLE RDAD CAMP HILL, PA 17011 PHtlNE p17) 737A100 FAX (7171 B7d~OBB7 ID N 32112 ~, moYUaryc~ 39 ..T ' nd e - oad I1 amp Hi. 1., PA 17011 p.>=ewe Court: TU N32112 Phone; (717) 737-0100 Cax; (71'I) 975-0597 Attorney for. Defendant ,~- VERIFICATION. ROBIN K. DaBMONG, befendant, verifies that the statements made in this Answer and Counterclaim to Divorce. Complaint are true and correct. Defendant understands tiiat false statements herein are made subject to the pena.l.Cies of 1£3 Pa.C,S. Section 9904, relating to unsworn falsification to authorities, <~~~ DIANE 0, RADCLIFF ' 3418 TRINDLE ROAD CAMP HILL, PA 17011 PHONE (7171737.0100 FAX 171%19'16.0897 ' CERTIFICATE OE SERVICE AND NOW, this ____d~5f day o(' ~ V`~`~4',~~'_ , :1.990, I, DIANE G. RAllCL,IP'E', GS(~UTRG, tier.eby certi.('y Ch<`~ t: T~liave this day served a copy of the w:i.Ch.in ANSWER AND COUNTERCLAIM TO THE DIVORCE CdeLATNT upon the Plaint.iEf.'s aLtor.ney, by mailing same by Pir.st: class mail, postaye prepaid, addressed as f.oa.lows; Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 DIANE 0. RADCLIFF' 3MBTRINDLE ROAD ~' CAMP HILL, PA 17011 (717) 737.0100 I Dated; .S'21'~~ Respectfully submitted, ~1 ~~~ o ~C viruvL, , cv1v...~1iiY' ~' / u.~~~inu' 3 r "hdle F,oad amp il' 1, P A 17011 P (717) 737-0100 E'ax; (71"/) 9'15-0695 Supreme Court ID N 32112 Attorney for Defendant .$_ •., -- ........ _~- ..~ - "IK 1U.'17,U1. Itobin K. b~iehong 9tatama:nt of. Revsone Not Co Terml.natn'i:~lvoceo Action ROBERT BLAINE DeSHONG, .Plaintiff ROBIN K, DeSFIONG, Defendant ; TN TFME COURT OF' COMMON PLEAS OF CUMBERLAND C'QUNTY, PENNSYLVANIA a N0. 98-2.229 CTV:Ih 'PE;RM t ; CIV7:L ACTION - I,AW IN DIVORCE; STATEMENT 4E._REAS.4115__p~Y4R4E__AGT~4ST SHS7ULD_N4T._flE_.TERMINATEp___DUE~Q _INACT~ V QTY AND NOW, this day of ~~j_~l 2001, comes the Defendant, Robin K. DeShong, by her attorney, Diane G. Radcliff, Esquire, and requests Chic Honorable Court not to terminate the above-referenced divorce action at the Call of the List on October 30, 2007., and assigns the following reasons therefor: 1. This action was commenced in 1998 by filing of a Complaint. by the Plaintiff, Robert Blaine DeShong, on or about April 22., 7.998. 2. On or about May 21, 1998, the Defendant, Robin K. DeShong, filed an Answer and Counterclaim to the divorce raising claims for divorce, equitable distribution, counsel fees and costa. 3. Since the filing of the Complaint the parties have been attempting to negotiate an agreement of. the case,. which - 7. - 10.27.01, kob.ln K. Denhcrnq 9tnC b!nunC crC RCltldonn NoC to 9'ormint!ce!'ul.vori:!e Acclon negotiations ars still pending,. 8, There is still outst~inding discovery to be .completed in this case, 5, This matter is moving forward to a conclusion and is anti.ci,pated that a Motion for Appointment of Master will be filed within two (2) months of the date of this pleading if the case is not settled prior to that time. 6, This case has not beer. inactive, but rather no pleadings have been filed dt.te to the ongoing negotiations and/or discovery taking place over the past several. years. WHEREFORE, Defendant respectfully requests this Honorable Court not to dismiss this action due to inactivity. Respectfully submitted, ~\ ~ ~DI~ANE~~ C~ DCLI ' ESQUIRE ~B"TY't~nd.~e Road -C`mp Hill, A 17011 Phone i -( 737-0100 b'aX: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant _ ` _ . 10.7.3.01, Robin K. Uaohong Oita Cement of: Rc+aeone Not: Co 1'e [9nlnate Llvar. t!a llcC ton CERTIEI.CBTE QF n9ERVICE RND NOW, this _~__._. day of ~~_.~ , 2000, T, DIANE D. RADCLIFF, ESQUIRE, hereby certify that I have this. day served a copy of the foregoing document. upon the following named person, by mailing same by first class mail, postage prepaid, addressed as follows; TgOMA9 D. dOULD, ESQUIRE 2 Eaet Main 8troet 9hiremanetown, PA 17011 Respectfully submitted, `~~ 1 DCLIb , QUIRE I`` 498 Trin le Road i Camp PA 17011 Phone; (717) 737-0100 F'ax; (717) 975-OG97 6uprema Court ID # 32112 _ . _ 3 - i - .I I O ;, ~r, ,~_ ~- Er. I _ i 1 M1 y~aa i. ... ., ( 7~.1 ,. ' - C ~ RR AF,) Y I.~ ~ ~.,'~ ( ~ C`~1 I 1~ \~ ~~~ Iii.. ~.~ ~. `~ ~t~ r ,' d.~ !;~ .. '~ _ I .. ' ~.. .. . r. , ROBIaRT ALATNE DL;SIiONG, IN 'I'C(E CUUR'I' OF CUMMUN PL~EAE3 OF Plaintiff CUMF3ER[.J,NL7 CbUNTY, PENNSYLVANIA v. . a CIVTI, AC'I7:bN - L,AW ROBIN K. DEs'SfiONG, IN UTVORCE; Defendant 9&-2224 CIVIL TE?RM O~,UER OF COURT' AND NOW, this 30th day of October, 2001, in the case of Deshong versus Deshony at No. 9E1-2224 Civil Term, and it appearing that dockee activity has recently occurred in the case, the case is stricken from the purge list and sha11 remain aotive. By the .Court, • ~' J, ~~le Jr., ~. v Thomas Ouuld, Esquire ?. E, Main Sk. Shiremanstown, PA 17011 For the Plaintiff ~~•aL'0~ ~~ cJ -Diane G. Radcliff, Esquire 2448 Trindle Rd. Camp Hill, PA 17011 For the Defendant peb c> e ~., , } -~~ `r~if C7f?i . `_ a~ i ~~ _ . sE>, i._ . '_.. !i~ -( . ~a6-_ 1 f.U ~.., I71 ~ J~ °a s,:, _.- -- ~ .,=Pt~~~ ~,,:- mar ~,.-_-_- IGp Tlbe Court f Camr~on Ple s of um er and G~ounty, ennay~vania Fila No. 1898~O222h UESFIONO ROBERT BLAINE ve OESHONCi ROBIN K STATEMENT OF INTENTION TO PROCEED To 4he Cottr 1 , /~ -_'--- /! ,.~/// Intonds to proceed wllh the above captlanod mAfter. ~~7 r; ; . r i:`. ~ ~.+ 1 . ~ a• ,- ~ r., .~. ,. ~, . n:~ • -, «~ ~ .~ _. r.. i~ ~..,i1 1-. ~~ ~ u c ,} ~Y• ~ ~ i i ~ i i OESHOMO ROBERT ELAINE bESNgNO ROBIN K ~i Tt~e ~our4 f Common Ple s of um 6r and LQounty, fannaywunio File No. 1g~A•02z24 ~o6er~ ~ ~ r~vl~ De,Shong vs ~u~blr>. ~~eJhoYl~l case No. -I 8' 2 ~ ~. ~' Statement of Intention to Proceed To the Court: ~OrJ I/1 ~ ~~ ~ ShO-'l.al intends to proceed with the above captioned matter. Print Name ~ 1 QYI e ~ CcU C~ ~ ~~ Sign Name Date: /O I ~ ~ U ~ Attorney for ~G FEN IJ/~nlr Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the ternnation of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule ojcivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civi] Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. e-a "~ij v © ~t. fi~'~ , j ~ ~, ..~ ~` "~* ~~~ ~~-~ ~ ?~, ~~ ~ o e vs U l /~ ~J Q Case No. ! ~ " 2 2 Z Statement of Intention to Proceed To the Court: (~ ~` l U ! N f1. @JY10 intends to proceed with the above ~~ r-1 Print Nam ( C~, l9 . Q ~ C1 c L Sign Name ___ ~k r,l> Date: V Attorney for Explanatory Comment 0 cn rn -~ :. F -..t The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. rn ,a -z .' ~W' I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of rnatters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving nonce of intent to terminate an acrion for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(dj for relieffrom the order ofternunatiorr. A~- example of such an occuircnce ir>rght-be the fiermicration - of aviable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been temunated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. LEv-0F FIC, d7 nRi0TA. NOV 21 PH 2: 4 9 "uMBERLANB C PENNSYLVANI ?N . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ROBIN K. DeSHONG, Defendant AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on November 15, 2011, 1 served a true and correct copy of Defendant's Affidavit Under Section 3301(d) of the Divorce Code upon Thomas D. Gould, Esquire, attorney for the Plaintiff, by Certified Mail, Restricted Delivery, addressed as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. D RADCLIF , UIRE 111? 448 Tr' I Road amp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Defendant Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this 1-7f-h day of MayE 8Ef- , 20 /1 . COMMONWMTH F PE Y NOTARY PUBLIC Nom see ?Deboran ?uaMey p? My commission expires: MEMBER, PffiW11VA IMN L ¦ Complete items 1, 2, and 3. Also complete A. SOW ? Agent item 4 If Restricted Delivery is desired. X ,C? I$Addressee C 7 ¦ Print your name and address on the reverse . J • so that we can return the card to you. B Received by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiec e, At or on the front if space permits. ? Y es D. Is delivery address different from item 1? 1. Article Addressed to: If YES, enter delivery address below: ? No t5, ? n! V 3. Service Type ? Certified Mail ? Express Mail ??` r Q ?? ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7009 1410 0000 1190 5 714 (Transfer from service b _ Ps Form 3811, February 2o04 Domestic Return Receipt 102M-02-M-1540 EXHIBIT "A" RETURN RECEIPT CARD FILEO-OFFICE (IF THE PROTHONOTARY 2011 DEC 30 PM 12: 11 CUMBERLAND LVA?A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ROBIN K. DeSHONG, Defendant FOR PLAINTIFF: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Phone: (717) 731-1461 Fax: (717) 761-1974 Email: askalanerpa17011(a yahoo.com FOR DEFENDANT: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliffacomcast. net DEFENDANT'S NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE Submitted by: Defendant, Robin K. DeShong IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff V. ROBIN K. DeSHONG, Defendant NO. 98-2224 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Attorney for Plaintiff Diane G. Radcliff, Esquire, attorney for the Defendant, intends to file with the court the attached Praecipe to Transmit Record on or after January 27, 2012 requesting that a final decree in divorce be entered. Dated: December 29, 2011 Respectfully submitted, R DCLIFF, ffS-ftIRE 3 e Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM V. ROBIN K. DeSHONG, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD 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(d) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 04/22/1998 b. Manner of Service of Complaint: Defendant's Attorney's Acceptance of Service C. Date of Service of Complaint: 04/21/1998 3. DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE DEFENDANT'S 3301 (D) AFFIDAVIT UPON THE PLAINTIFF: a. Date of Execution: 11/04/2011 b. Date of Filing: 11/10/2011 C. Date of Service: 11/15/2011 4. RELATED CLAIMS PENDING (Note: A Petition for Bifurcation is being filed) a. Equitable Distribution b. APL C. Alimony d. Counsel Fees, Costs and Expenses 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(1) OF THE DIVORCE CODE: a. Date of Service: 01/03/2012 b. Manner of Service: Regular Mail to Plaintiffs Attorney DIANE G. RADCLIFF, ESQUIRE Supreme Court ID # 32112 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 W__ f" THE PROTHON TARS' 2011 DEC 30 PH 12: 17 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ROBIN K. DeSHONG, Defendant FOR PLAINTIFF: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Phone: (717) 731-1461 Fax: (717) 761-1974 Email: askalanerpal70l l a-yahoo.com FOR DEFENDANT: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliffe-comcast.net ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT Submitted by: Defendant, Robin K. DeShong 1 Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff(cD.comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ROBIN K. DeSHONG, Defendant ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, Diane G. Radcliff, Esquire, attorney for the Defendant in the above captioned action, hereby accept service of the Divorce Complaint, which Complaint was filed in the above captioned matter on April 22, 1998. 1 certify that I am authorized to accept service of the said Divorce Complaint on behalf of the Defendant, Robip- . 6eShong Date: May 21, 1998 U\ \ -?? DCL*F NSQUIRE egistration o 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Defendant, Robin K. Deshong 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM 0 7 V. CIVIL ACTION - LAW = 3mo rn_ IN DIVORCE ROBIN K. DeSHONG, in ` Defendant { a „g MOTION FOR APPOINTMENT OF MASTER y c Robin K. DeShong, Defendant, moves the Court to appoint a Master with respect to the foU wiw clans: [x] Divorce [x] Distribution of Property [ ] Annulment [ ] Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses In support of the Motion the Defendant states: 1. Discovery is not complete with respect to the claims for which the appointment of the Master is requested. A discovery conference is requested. 2. The non-moving party has appeared in the action by his attorney, Thomas D. Gould, Esquire. 3. The statutory ground for the divorce are: Section 3301 (c) and Section 3301(d) No-Fault. 4. The action is contested with respect to all claims except divorce. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the mo ' one Date: SQ IRE A laintiff ORDER APPOINTING MASTER AND NOW, , 20 , E. Robert Elicker, II, Esquire is appointed Master with respect to the o owing c aims: [x] Divorce [x] Distribution of Property [ ] Annulment [ ] Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses BY THE COURT: JUDGE MOVING PARTY Robin K. DeShong Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 NON MOVING PARTY Robert Blaine DeShong Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM c) ? V. CIVIL ACTION - LAW zM M- IN DIVORCE ? ? ROBIN K. DeSHONG, Defendant a ..p o-n MC ° X_ MOTION FOR APPOINTMENT OF MASTER - c -;;- ? w ? Robin K. DeShong, Defendant, moves the Court to appoint a Master with respect to the fc4wieg clans [x] Divorce [x] Distribution of Property [ ] Annulment [ ] Support [x] Alimony [x] Counsel Fees [x] Alimony Pendente Lite [x] Costs and Expenses In support of the Motion the Defendant states: 1. Discovery is not complete with respect to the claims for which the appointment of the Master is requested. A discovery conference is requested. 2. The non-moving party has appeared in the action by his attorney, Thomas D. Gould, Esquire. 3. The statutory ground for the divorce are: Section 3301 (c) and Section 3301(d) No-Fault. 4. The action is contested with respect to all claims except divorce. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the mot' * one Date: A laintiff TSQ ORDER APPOINTING MASTER AND NOW, , 20,,,;2-, E. Robert Elicker, II, Esquire is appointed Master with respect tot ollowing claims: [x] Divorce [x] Distribution of Property 3 [ ] Annulment [ ] Support rncD rn t-- j'`'' z?,, rn -- [x] Alimony [x] Counsel Fees _Url [x] Alimony Pendente Lite [x] Costs and Expenses -< > © ca , BY THE COURT: nc? c` JUDGE ? MOVING PARTY Robin K. DeShong Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 NON MOVING PARTY V' Robert Blaine DeShong Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 aoj,`=es n C a/ 111010, pz,L 71 55 Pleading: Motion to Compel Discovery Response Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: J. Wesley Oler, Jr. Appearance For Plaintiff: Thomas D. Gould, Esquire. 2 East Main Street, Shiremanstown, PA 17011 Email: askalawyerpa17011(a)-yahoo.com • Phone: 717-731-1461 • Fax: 717-761-1974 Appearance For Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff(cDcomcast. net • Phone: 717-737-0100 • Fax: 717-975-0697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff NO. 98-2224 CIVIL TERM V. ROBIN K. DeSHONG, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S MOTION TO COMPEL DISCOVERY The Defendant, Robin K. DeShong, by her attorney, Diane G. Radcliff, Esquire, and files this Motion to Compel Discovery, and in support thereof represents that: 1. The following judge was previously assigned to this case and any related cases: The Honorable J. Wesley Oler, Jr. 2. The following attorneys have entered their appearances in this case: a. Thomas D. Gould, Esquire for Plaintiff ("Plaintiff's Attorney"); - 1 - b. Diane G. Radcliff, Esquire for Defendant, ("Defendant's Attorney"). 3. A copy of this Motion was provided to Plaintiff's Defendant's Attorney on January 23, 2012. 4. A Request for Production of Documents Directed to Plaintiff - First Set, ("Request for Production") was duly served on Plaintiff's Attorney on December 8, 2011, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 5. The thirty (30) day time period proscribed under the Pennsylvania Rules of Civil Procedure for service of the Answers, Documents or Objections to the Interrogatories and Request for Production of Documents expired on January 8, 2012. 6. As of the date of the filing of this Motion, Defendant has not complied with the Pennsylvania Rules of Civil Procedure regarding the aforesaid discovery requests in that Plaintiff: in that Plaintiff has failed to provide Defendant with any response to her Requests for production of Documents. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order compelling Plaintiff Defendant to comply with Defendant's discovery requests within fourteen (14) days of the date of the Order to be entered pursuant to this Motion. Dated: January 23, 2012 Respectfully submitted, DCLIFF, ESQUIRE !33448 Tri e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant -2- CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on 2-'?) , 2012, 1 served a copy of the foregoing Motion to Compel upon Thomas . Gould, Esquire, Attorney for Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Respectfully submitted, DC IFF, ESQUIRE Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT BLAINE DeSHONG, Plaintiff V. ROBIN K. DeSHONG, Defendant NO. 98-2224 CIVIL TERM CIVIL ACTION - LAW ?; IN DIVORCE cr c:, v c-3 - , CC) -G PRAECIPE TO THE PROTHONOTARY: Please withdraw Defendant's Motion to Compel Discovery filed with your office in the above captioned matter on February 2, 2012. Dated: February 2, 2012 Respectfully submitted, RADCLIFF, ESQUIRE e Court ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Defendant t , . q8- aaaq MARITAL SETTLEMENT I 1 1 .,2 AG THIS AGREEMENT made this 'at day of OwC , 2012, by and between ROBERT BLAINE DeSHONG, (hereinafter referred to as "Husband") and ROBIN K. DeSHONG, (hereinafter referred to as "Wife") . WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 29, 1988; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their personal belongings, home furnishings and appliances in a fair and equitable manner. 4. AUTOMOBILES The parties agree that they have equitably divided their vehicles and each party is to keep their respective vehicles. Husband shall maintain insurance on his vehicles and be responsible for all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Wife shall maintain insurance on her vehicles and be responsible for all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicles. 5. DIVISION OF REAL PROPERTY The parties marital residence at 100 Cumberland Drive, Camp Hill, Cumberland County is to be transferred to Husband. Wife shall sign the deed and any other documents required to place the marital home solely into his name. Wife hereby relinquishes all right, title and interest in the former marital home. Husband shall indemnify and hold Wife harmless for all maintenance, insurance, costs, taxes, liens or other expenses related to the former marital home. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets. The parties agree that they have equitably divided their marital assets. Husband shall have all accounts in his name and Wife shall have all accounts in her name. Each party relinquishes any right, title or interest in the accounts held by the other. "l. MARITAL DEBTS Husband shall be responsible for all debts solely in his name, specifically including any and all debts related to the former marital home. Wife shall be responsible for all debts solely in her name. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other from responsibility for a debt as set forth in this Agreement. 2 B. PENSION AND RETIREMENT ACCOUNTS The parties' have equitably distributed their pension and retirement accounts to their mutual satisfaction. Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive support, alimony pendente lite or alimony. 10. FILING OF IRS RETURN Husband and Wife agree to file separate tax returns in 2012 and all subsequent years. 11. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage that Husband has filed, Cumberland County Court of Common Pleas, docketed at 98-2224. Upon execution of this Agreement, the parties shall sign and allow to be filed the documents necessary to obtain an uncontested 3301(c) no- fault divorce. 1.2. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. "--3. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 14. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 3 15. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 16. VOLUNTARY AGREEMENT 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. Each party has had the opportunity to review this agreement and their legal rights with an attorney. 17. 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, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 4 20. PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 21. 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. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals Witness Date ROBERT BLAINE DeSHON Witness Date ROBIN K. De HONG 5 Commonwealth of Pennsylvania: ss County of 3"'AP."M PERSONALLY APPEARED BEFORE ME, this b day of ? 2012, a notary public, in and for the Commonwealth of Pennsylvania, ROBERT BLAIN D@SHONG, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHARLES A. HARBOLD, Notary Public Camp Hill Boro., Cumberland County Commission Expires December 30, 2014 Commonwealth of Pennsylvania: : ss County of CVvv',P-C*LA" 4 1? ?urv ? PERSONALLY APPEARED BEFORE ME, this day of ? 2012, a notary public, in and for the Commonwealth of Pennsylvania, ROBIN R. D@SSONG, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONW/EA TH OF PENNSYLVANIA NOTARIAL SEAL CHARLES A. HARBOLD, Notary Public Camp Hill Boro., Cumberland County_ M Commission Expires December' 30, 2014 6 ROBERT BLAINE DeSHO)IG, PLAINTIFF V. ROBIN K. DeSHONG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998 - 2224 IN DIVORCE CIVIL TERM, rt'v r- AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 22, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ROBERT BLAIN HON ROBERT BLAINE DeSHONG, PLAINTIFF V. ROBIN K. DeSHONG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998 - 2224 IN DIVORCE CIVIL "RM Qz S m; :n .. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ROBERT BLAINE DeSHO (-.- -J ROBERT BLAINE DeSHOUG, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA • LW._j r? V. NO. 1998 - 2224 CIVILTIM'EIW; ROBIN K. DeSHONG, IN DIVORCE ?`= _ c.n, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 22, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ROBIN K. DeSHONG ROBERT BLAINE DeSHONG, PLAINTIFF V. ROBIN K. DeSHONG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998 - 2224 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE M C, r,., `2 L c_- cn 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: G ???•?-?/''.2 ROBIN K. DeSHONG ROBERT BLAINE DeSHONG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 98 - 2224 CIVIL ROBIN K. DeSHONG, Defendant IN DIVORCE ORDER OF COURT AND NOW, this f day of -9"4- 1 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated June 4, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevi Hess, P.J. cc: /Thomas D. Gould Attorney for Plaintiff Diane G. Radcliff Attorney for Defendant P; es C4 , ZT) r- r. - ROBERT BLAINE DeSHONG, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998 - 2224 ?*--VfiE ROBIN R. DeSHONG, IN DIVORCE PRAECIPE TO TRANSMIT RECORD ;- ,. y (D To the Prothonotary:` w. rv Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On May 21, 1998, by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, June 4, 2012; By Defendant, June 4, 2012. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on June 5, 2012. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on June 5, 2012. Thomas D. Gould, Esquire ROBERT BLAINE DeSHONG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN K. DeSHONG : NO. 1998 - 2224 CIVIL TERM DIVORCE DECREE AND NOW, 30/A J t is ordered and decreed that ROBERT BLAINE DeSHONG , plaintiff, and ROBIN K. DeSHONG bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") The Marital Settlement Agreement dated June 4, 2012 is hereby incorporated into this Divorce Decree. By the Court, Attest: J. Prothonotary 6• /q- 1 - &o1j. gory i ?ivvlc' ?lo?ie d .., mst4eW