Loading...
HomeMy WebLinkAbout01-05418 OF CUMBERLAND COUNTY STATE OF PENNA. ~, PLAINTIFF N O. 01-5418 CIVIL TERM VERSUS FRADICES PAP~CA FB~ICO EYLFdt DEF~.VDANT DECREE IN DIVORCE AND NOW, ~u~.lv /S , ~oa3 IT IS ORDERED AND DECREED THAT RONALD YINGER EYLER PLAINTIFF, AND FRANCES PAMELA FIDERICO EYLER ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further and DHCRE® that the Order of Court executed by and between the parties, dated December 1, 2003 is incorporated by :::_ rr~ference into this Decree for the purposes of enforcement, but shall BY THE COURT: ~~,~- ~ ITT E S ~ PROTHONOTARY ~r~`E9'- `~ Et9sRa-mvrvs aac~~.,r~mca4a~i~.u~,ti:.~lr~-snae.au~i~w;z,a,r~'d _. '. °, sesa~a l-J62es~&YaN ... S[ .. ~y G~~"!~. t ' x. . ~ #. ~-. ~~~~ .: li RONALD YINGER EYLER, Plaintiff vs. FRANCES PAMELA FEDERICO-EYLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 01-5418 CIVIL TERM ORDER FOR PAYMENT OF ALIMONY AND NOW, this /S'' day of ~P.~,.,.Gv , 2003, upon the stipulation of the parties and their attorneys, attached hereto, we hereby order that the Plaintiff, Ronald Y. Eyler shall pay alimony to the Defendant, Frances Federico-Eyler, as follows: 1 . The alimony shall be in the amount of 51,000.00 per month. The amount of alimony shall not be subject to modification at any time or for any reason. 2. The alimony shall commence on the first day of January 2004 and continue for sixty (601 consecutive months thereafter. The term of the alimony shall terminate only upon the death of either of the parties and shall not terminate upon the remarriage or cohabitation of the Defendant. 3. The payments made pursuant to this order shall be treated by both parties as alimony for income tax purposes. 4. The payments required by this order shall be made directly from the Plaintiff to the Defendant. In the event that the Plaintiff fails to make any of the payments required by this order within thirty (30) days that such payment is due, however, future payments shall be made through and shall be monitored and administered by the Domestic Relations Office of this court which shall automatically open an account for that purpose upon the Defendant filing with the Domestic Relations Office a copy of this order and an affidavit that the payments have not been made in accordance herewith for thirty days or more. 5. The court shall retain jurisdiction over this matter for purposes of enforcement of this order. BY THE COURT, Distribution: LeRoy Smigel, Esquire (Attorney for Plaintiff) 4431 North Front Street, Harrisburg, PA 17110-1260 Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12`h Street, Lemoyne, PA 17043 11 _ ~ .v~,U4~"~Y~+hNt~~Ri-.£.A _Exvk€,~.£iiN~SWpm]~S~Ri utat&, 53v£va-E: kfk~..'s.MKt •.:- ~ ~.~ kN~"9~M "' -~~ l l'~' .~~' ';~!~7 ~uf~~'~-C,31i:3 .~ RONALD YINGER EYLER, Plaintiff vs. FRANCES PAMELA FEDERICO-EYLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 01-5418 CIVIL TERM STIPULATION FOR ENTRY OF ALIMONY ORDER AND NOW come the above-named parties, with their attorneys, and stipulate and agree that the court shall enter the attached order for alimony and jointly move the court to enter said order. IN WITNESS WHEREOF the parties hereto have set their hands and seals this day of December 2003. LeRoy Smigel Ronald Yinger Eyler Attorney for aintiff Sa el L. Andes Attorney for Defendant Frances Pamela Federico-Eyler .~ ~~~~ c-s ,.y ~, -= ~ `_I c-3 _` _ y Li< ~~ _! 1 `~ ~ U: a ~, T :1 "i7 m :~ p11 -r{ V O ~ G P„ Ci' ///December 15, 2003 11:25 AM i RONALD YINGER EYLER, PLAINTIFF v. FRANCES PAMELA FEDERICO EYLER, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-5418 CIVIL TERM CIVIL ACTION -DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY.• Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served via first class mail on the defendant on October 1, 2001. 3. (a). Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff December 11, 2003; by defendant December 12, 2003. (b)(1). Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (b)(2). Date of filing and service of the plaintiffs affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (a). Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b). Date plaintifFs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date: ~,2 -/ ~ - d ~ SNIIGEL, ANDERSON & SACKS LeRoy Smigel, Esquire, I.D. #: 09617 Ann V. Levin, Esquire, LD. #: 70259 4431 North Front Street Harrisburg, PA 17110-1223 (717)234-2401 Attorneys for Plaintiff ,: a .P7, 's,~x4~xm«~,u~a,~sa z...fva~ur~.r.uvax - .- aalM,f4u'.~ ~ - .~ ~ '.. --~~ ~ a c~T , C c ~ ~l -rt :a., ~ 1. f~ ~c5~ ?::~1:. ;>. tl ~~ -ern ff? ~ c11 O - ~., j ~: ~` `~ r,-- ~' _` _. ~ ~~ ~~~ RONALD YINGER EYLER, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.CII -,$~/~ CIVIL `7~y,.~ ~ FRANCES PAMELA FEDERICO-EYLER, :CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set fprth 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 the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717)249-3166 1-800-990-9108 RONALD YINGER EYLER, PLAINTIFF vs. FRANCES PAMELA FEDERICO-EYLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- S'~!P CIVIL 7~ CIVIL ACTION -LAW ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, RONALD YINGER EYLER, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is RONALD YINGER EYLER, an adult individual, who currently resides at 8 Redwood Court, Camp Hill, Cumberland County, Pennsylvania, 17011, and has resided in Cumberland County for over fifteen (15) years. 2. Defendant is FRANCES PAMELA FEDERICO-EYLER, an adult individual, who currently resides at 8 Redwood Court, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on April 17, 1982. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was a member of the United States Military Services two (2) years prior to the parties' marriage; however, Plaintiff does not have any military benefits which are issues in this divorce. Defendant has never been a member of the United States Military Services. 9. Plaintiff and Defendant have no children from their marriage. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(cl OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidauit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, RONALD YINGER EYLER, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assigtt the marital property between the patties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, RONALD YINGER EYLER, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM ©F SUSAN KAY CANDIELLO, P.C. Dated: September ~, 2001 Susan Kay Can 'ell ,Esquire Counsel for Pla' ti PA LD. #64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717)796-1930 VERIFICATIQN The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: y-/Q - O / ~ /G~---~ / w-`cr. J 1 ~ \ ~ ~ ~ ~ n+ I y . /~~) ~ C~ ._ ` ~ v` 1 r' n yyl~.' i., r W~ ~.*: Lii M^: r ~ _~> .~. =C -~C {~) r~ rya '~ _~ 4J i!~ C.C? ~I t, r ~; ~I /AVUcjw//Affidavit of Consen[ November 25, 2003 2:24 PM w RONALD YINGER EYLER, IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PA v. NO. 01-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, DEFENDANT :CIVIL ACTION -DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301(c) of the Divotce Code was filed on September 17, 2001. 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 hue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 1 b3 ~ W+~~ Ronald Yinger Eyler, Plain ff i? c~a G: o ~:~. `.'' .,.~.. ~ -n ~ `". c-i ~ rT~- e - ter ~~ ; :: _: C 0 .~ _ ._ ~; T? _ ra ['~ o ` y~ ~ ~J._ ~r~l RONALD YINGER EYLER, Plaintiff vs. FRANCES PAMELA FEDERICO-EYLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5418 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 Ic) of the Divorce Code was filed on 17 September 2001 and served upon the Defendant on or about 10 October 2001 . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date RANGES PAMELA FEDERICO-E=1`LER . ~.,~ _. r~.aa-~~sry a,~ a ae-r~a..,. v.'a,an~ a n ~-ul,. i e..., .c., ~.,.;...~.. .,r..a.,,. ti.Mav~~wlat'z~s~`~~u~,~ne~, o~.',t~zlvvawd~, (~~ ~ J r~- "g T ....~ i~:~: r? ~:'~~ ~ Y 1':l ~ C`y r ` U I ~~ ~ y, ~r _ '~ t ~ ~ -4 ~~1 j ~' : . - Wi't'- N -< RONALD YINGER EYLER, Plaintiff vs. FRANCES PAMELA FEDERICO-EYLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5418 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE 1 . I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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. I Z 1a,,,~~ ~~ Date FRANCES PAMELA FEDERICO- LER n r~;~ ~ r~' s -- - t"1 fT7~ , ~ ~~~_, ~~ ~ v - _ ~ _ l>. ~~:~ ~ ` ~1T ,_ ~J t :» d .J i ~.~ .n... ~~ ~~ . RONALD YINGER EYLER, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, DEFENDANT CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3i01(~ ANI) 3307 (~ nF THF, 1)iV()RC F, ('n11F. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~ I~ 03 Gar Ronald Yinger Eyler, Plaintiff II .:z'dK~dSNp~[Jis~iSh~dWeyu A.i.Y'.&.l'HL3IRY.P.ala.+~.W?!1 wt dt c.. -.w'. '.5mnm i..t4V~Jm'-vh4MFN+i'~AkYYSffiYE9€i •. .• •....• ('~ N Ch C~ W ..~ rtq=+, ~,y.: S -G .,:, t7 d ~~ _ ;' _ ~., . ~~ - ~~ - _~ (iv {\ r ~- ~~'CG_ RONALD YINGER EYLER, IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. NO. 01-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, :CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the ~_ day of n~~~l , 2001, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to prac6ee law in the Commonwealth of Pennsylvania. 2. I represent Ronald Yinger Eyler, Plaintiff in the above-captioned matter. 3. On September 26, 2001, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified(First Class Mail, restricted delivery, return receipt requested, Article No. 70010320 0000 31117622, and addressed to the Defendant, Frances Pamela Federico-Eyler. 4. The return receipt card signed by the Defendant, Fran Federico-Eyler, showing a date of service of October i, 2001, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. SWORN TO AND SUBSCRIBED before me, a Notary Public, this ~~ day of Ocn , 2001. ~.t~~ ~ren0 ~ R. ~ 1~2~ Notary Public My Commission Expires: . Notarial Seal Klmberi R. Hanford, Notary Public ~IaabnroEi~piresApc 4d, 2~pob f16m 4 if Restricted Delivery is desired. ^ (stint your name and address on the reverse ao that we can return the card to you. ^ A4Gach this card to the back of the mailpiece, ar on the from if space permRs. t. Artlcle Addressed to: ~,e5 ~me.~q jedec ico-E~le~ ~d(,c)oocl ~utrt ~~ tai l l P~ 1`loU RESTRICTED ' .7"OQ1.03 X Sie ~ ''ICS/C.d..G4 ^ Ag .. ® ~--/ ^ Addresser D. T.s delNery address different trom item 17 ^ Yes ff YES, enter delivery atldress below: ^ No 3. ~S.,e/rvke Type pa,Certifietl Mail ^ Express Mall ^ Registered ^ Return Receipt for Mercliandlee ^ Insured Mail ^ C.O.D. 4. Restricted pelNery7 (EAtla Fee) ; ... , 0.00 3111 7622 mastic Retum Resdpt teaae6~aii~,f Exhibit "A" ~ ; _._r: _.4r~3e15€~a ~:~e?~a`ilh~s:~ ^" r~pb~l@ '- `Yi ~ ~,, ..: .. _ .. •- ~G ~ -` ' ~ ` ` , ~ ~, ~. ~ ~ ~-_ ,~ ,~ .. <. _ O -t- ;= -~ Ut i; RONALD YINGER EYLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANCES P. FEDERICO-EYLER, Defendant IN RE: AGREEMENT CIVIL ACTION - DIVORCE N0. 01-5418 CIVIL TERM ORDER OF COURT AND NOW, this lst day of December, 2003, the parties having reached the following agreement with regard to all the economic issues raised in the divorce action between them, the following is herewith made an order of court: 1. Wife will receive the following marital assets: a) The residence at 8 Redwood court in Camp Hill, Pennsylvania, subject to the mortgage owed to GMAC, which she shall pay and satisfy in accordance with its terms. The parties agree that the equity in that house has a value of $93,000.00. wife shall indemnify husband on the debt owed to GMAC and any other debt or obligation arising out of her ownership or use of the house after this date. b) A small checking account at Members lst Federal Credit union, which had a balance at the date of separation of approximately $350.00. c) A 1998 Toyota Rav 4 and a 1985 Honda ~ ,... ~{~,~ ~ Y3 J Civic, which have a combined value of approximately $7,485.00. The Rav 4 is currently titled in both names, and the parties will meet at the automobile association or another mutually agreed upon location, within the next thirty days, to execute the documents necessary to transfer the title of that vehicle to wife's name alone. d) ,4n individual retirement account with Massachusetts Mutual rife Insurance, which contains the proceeds of a 401k plan previously held by wife, which has a value of approximately $50,700.00. e) The household furnishings and other items of tangible property currently in her possession, with the exception of the items divided in accordance with paragraph three hereof. 2. Husband shall receive the following marital assets. a) His checking account at Commerce Bank, having a balance at the time of separation of approximately $1,000.00. b) ,4 vanguard Mutual Fund account in his name alone, having a value of approximately $3,564.00. c) a Sar-sep retirement account with Prudential Investments, having a value of approximately $20,700.00. d) A policy of insurance with 3efferson Pilot Life Insurance, having a value of approximately $15,100.00. e) various stocks held in his name alone, having a value of approximately $11,600.00. f) An annuity account issued by Prudential Securities in his name alone, having a value of approximately $9,700.00. g) An individual retirement account in his name alone with Prudential Investments, having a value of approximately $6,000.00. h) The items of household furnishings and tangible personal property currently in his possession, other than those which are the subject of paragraph three of this agreement. i) The stock and other ownership interest in Golden Bleu, Inc., a Pennsylvania business corporation, trading as Pennsylvania Press, which is currently owned by husband, and which has a value of approximately $160,000.00. 3. Husband shall have the following items of tangible personal property, which are currently located at the marital residence at 8 Redwood Court: A cedar chest with quilts (with the exception of the maroon and red quilt, which will be retained by wife), an antique trunk owned by his grandmother, two fireplace clothing irons, one ceramic duck, a desk and lamp which previously belonged to his ~~ e father, an rndian figurine, one oriental rug, which was a gift from his father, a kerosene lantern, which had been owned by his grandmother, a black rocking chair, his personal papers, which consist of photographs and other memorabilia of his family, his yearbooks and other personal papers, papers and records that belonged to his father, including approximately two boxes of records for Pennsylvania Press, and a box of toy trains. in addition, if wife can locate them in the house, husband shall have two antique eyeglass sets and cases. The parties will by mutual agreement arrange a mutually convenient time for husband to come to the house to retain these items. when he comes to retain them, he will return to wife all keys, garage door openers, and other instruments of access to the house, and the keys to the Rav 4 automobile or any other automobile to be owned or retained by wife. 4. Husband shall pay to wife no later than 31 December 2003 the following sums of money: a) $45,000.00, which shall be treated as equitable distribution of marital property. b) $13,500.00, which represents his payment toward a student loan and a credit card debt in wife's name alone, which existed at the time of separation. wife will be responsible to pay the balance owed on those obligations and does hereby agree to indemnify and hold husband harmless from any cost caused to him by her failure to pay those obligations. 5. Husband shall pay wife alimony, commencing on the first day of 7anuary 2004 and continuing for five consecutive years thereafter, in the amount of $1,000.00 per month. The alimony obligation shall be made the subject of a separate order of this court and shall be due on or before the first day of each month. Both parties will treat these payments as alimony for income tax purposes. The alimony will terminate only upon the death of either party and shall not terminate upon wife's remarriage or cohabitation. The amount of alimony shall not be subject to modification, other than upon the death of either party, by the parties or by any court. 6. Husband shall arrange and provide proof to wife and her attorney no later-than the 31st of December 2003 that his life is insured by a policy of insurance providing at least $60,000.00 of death benefits to wife as the sole and exclusive beneficiary. The parties agree that the balance required by that life insurance may be reduced by 51,000.00 for each month in which husband makes alimony payments pursuant to this agreement. 7. The parties both represent that the list of assets described in this agreement and the values assigned to those agreements constitute all of the marital assets of the parties, and that neither party has concealed or otherwise attempted to mislead the other party about the existence or value of any of the marital assets. 8. Upon delivery of the deed to the residence at 8 Redwood court, the execution of a joint motion or stipulation for the entry of an alimony order, and verification by husband that he has complied with the life insurance provisions of this agreement, both parties will execute and file with the court an affidavit of consent and any other documents reasonably required to conclude a divorce action, it being the intentions of the parties to conclude the divorce in this matter by the end of December 2003. ay the Court, ~eROy Smigel, Esquire ~FOr the Plaintiff ~ /Samuel L. Andes, Esquire For the Defendant bg .~ ~, l~ 0 RONALD YINGER EYLER, PLAINTIFF v. ~,,~ 15, IN TAE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, DEFENDANT CIVIL ACTION -DIVORCE 1. Check either (a) or (b): (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 (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand 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 of Intention to Request Divorce Decree, the divorce decree maybe entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / 7 `' ~ ~s~~~ Frances Pamela Federico- yler, Defendan NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. t5fig~3bc~i~i9leid0uu 'ia i 13 r . +e ,. «> ., ..> ~~/ l'i s RONALD `~II~GER EYLER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 01-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, Defendant IN DIVORCE PETITION FOR AND NOW comes the Defendant, by and through her attorneys, Tucker Arensberg, P.C., and petitions this Honorable Court as follows: COUNT I: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 1. Defendant has inadequate means of support for herself except as provided for by Plaintiff. 2. Plaintiff is the President of Pennsylvania Press, Inc. where his income was in excess of $39,000 for 2002. Plaintiff has additional income from other sources. Defendant has been diligently seeking full time employment; however, she is currently not gainfully employed outside the home on a full time basis. COUNT II: CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 3. Defendant does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 4. Plaintiff is full well and able to pay Defendant Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Defendant requests the Court to enter a Decree: A. Directing the Plaintiff to pay Alimony to the Defendant; B. Directing the Plaintiff to pay Alimony Pendente Lite and Defendant's counsel fees and the costs of this proceeding; and C. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. Sandra L. Meilto Attorney I.D. NO. 32551 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108 (717)234-4121 Attomey for Defendant f VERIFICATION I, Frances Pamela Federico-Eyler, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Frances Pamela Federico-Eyler DATE: ~-~~`~© 3 CERTIFICATE OF SERVICE AND NOW, this ~ day ofC~"`-~(/~, 2003, I, Shaun M. Kovach, Legal Secretary to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.G., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: LeRoy Smigel, Esquire 4431 N. Front Street Harrisburg, PA 17110 ~~-hac~rl f~1. `~`tiac~c Shaun M. Kovach 62799.1 ~~ K~L ~- R.~ Q wg 0. r c> c -vi~3 ~-;~ rte. ~... ~' k ~'i1 _', rC. t: 9 r v~ u.; ~.~ ~.n n _L '•q ~D .J~, CXl 0 T, ,-a v, C ~ r '`31T1 \~ ~, seP z z 2003 ~ RONALD YINGER EYLER, PLAINTIFF v. FRANCES PAMELA FEDERICO-EYLER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.Ol-5418 CIVIL TERM CIVIL ACTION -DIVORCE RULE TO SHOW CAUSE AND NOW, This ~o"~day of , 2003, upon consideration ofthe previously filed Petition for Bifurcation of Divorce, a Rule is hereby issued on Plaintiff to show cause, if any there be, why the relief requested should not be granted. RULE RETURNABLE DAYS FROM SERVICE. -OR- RULE RETURNABLE AT HEARING ON THIS MATTER SCHEDULED FOR THE DAY OF ~~Q~piryt (~,t ?n,- , 2003, AT ~ ~ () O'CLOCK,~:M., COURTROOM NO. _~, DA COUNTY COURTHOUSE, HARRISBURG, m8~ NQ PENNSYLVANIA. Distribution: LeRoy Smigel, Esquire, 4431 North Front Street, 3`~ Flr., Harrisburg, PA 17110-1709 Sandra L. Meilton, Esquire, 111 North Front Street, PO Box 889, Harrisburg, PA 17101 ~ a-~' d 3 ~~. BY THE COURT: N f Y ~y l -4iil t~~'i _ /}.'~ ~~ ~~ ~r ~I ~; 1'+" F:;, cF';' ~ ~,.~, ti1~~ • - ~,•;', v~~, UUiJ~~~~ i~~~1~~f~~\F ~~ n~ ~'" RONALD YINGER EYLER, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.Ol-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, DEFENDANT AND NOW, this day of CIVIL ACTION -DIVORCE ORDER 2003, upon consideration of the previously filed Petition for Bifurcation of Divorce, it is hereby ORDERED AND DECREED that the entry of a final Decree in Divorce in the above captioned matter in no way prejudices the legal claims of either party with respect to any ancillary relief heretofore requested under the Divorce Code of 1980, 23 PA.C.S.A. §3301 et sec . Plaintiff is permitted to obtain a divorce under §3301 (d) of the Divorce Code and the Plaintiff is directed to file a Praecipe to Transmit the Record to this Court. This Court reserves jurisdiction over any ancillary economic claims. BY THE COURT: J. Distribution: LeRoy Smigel, Esquire, 4431 North Front Street, 3"' Flr., Harrisburg, PA 17110-1709 Sandra L. Meilton, Esquire, 111 North Front Street, PO Box 889, Harrisburg, PA 17101 RONALD YINGER EYLER, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.Ol-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, DEFENDANT CIVIL ACTION -DIVORCE PETITION FOR BIFURCATION OF DIVORCE AND NOW, comes Petitioner Ronald Yinger Eyler, by and through his counsel, Smigel, Anderson & Sacks, LLP, and files this Petition for Bifurcation of Divorce and in support thereof avers as follows: Petitioner is Ronald Yinger Eyler, Plaintiff in the above-captioned divorce action. 2. Respondent is Frances Pamela Federico-Eyler, Defendant in the above-captioned divorce action. Petitioner initiated the above-referenced divorce action on September 17, 2001, seeking a divorce under Section 3301(c) or (d) of the Divorce Code on the grounds that the marriage was irretrievably broken. 4. The parties separated on September 14, 2001. The parties have been separated for more than two years as required by Section 3301(d) of the Divorce Code. Grounds for divorce exist pursuant to 23 Pa.C.S.A. §3301(d). 8. Respondent will not be harmed by the entry of a divorce decree and the bifurcation of the divorce from the economic issues in this matter. 10. If the divorce claim is resolved, it will allow the parties to restructure their personal lives after a separation of more than two years. 11. Respondent will not be prejudiced by the granting of a divorce decree prior to the adjudication of the economic issues of this divorce. WHEREFORE, Petitioner Ronald Yinger Eyler respectfully requests that this Honorable Court enter an Order granting his Petition for Bifurcation and reserving jurisdiction over any ancillary economic claims. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: September 18, 2003 By: /` LeRoy Smige ,Esquire I.D. # 09617 Ann V. Levin, Esquire I.D. # 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff LeROY SMIGEL, ESQUIRE, hereby states that he is counsel for Ronald Yinger Eyler, Plaintiff, in this action and verifies that Plaintiff, Ronald Yinger Eyler, has represented to the undersigned that the statements made in the foregoing Petition are true and correct to the best of his laiowledge, information and belief. Plaintiff, Ronald Yinger Eyler, has authorized the undersigned to sign this verification on his behalf. Plaintiff, Ronald Yinger Eyler, understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ! ~ ~ ~ ' LeRoy Smig ,Esquire Attorney for Plaintiff, Ronald Yinger Eyler RONALD YINGER EYLER, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.OI-5418 CIVIL TERM FRANCES PAMELA FEDERICO-EYLER, DEFENDANT CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, hereby certify that I served a true and correct copy of Plaintiff s Petition for Bifurcation of Divorce upon counsel for Defendant by depositing same in the U.S. Mail, postage prepaid for first class mail, on September 18, 2003, addressed as follows: SANDRA L. MEILTON, ESQUIRE TUCKER ARENSBERG, P.C. 111 NORTH FRONT STREET P.O. BOX 889 HARRISBURG, PA 17108 Date: September 18, 2003 SMIGEL, ANDERSON &,~ACKS, LLP By: LeRoy Smi~jed, Esquire ID #09617 Arm V. Levin, Esquire I.D. # 70259 4431 North Front Street, 3~ Flr. Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff u -- (: ~ __ ., ;. ~Y7~ ~~ ~= I_:.._~, _~ :_ 1 ,:-~ -G. ~~ RONALD YINGER EYLER, Plaintiff v. FRANCES PAMELA FEDERICO-EYLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5418 CIVIL TERM IN DIVORCE ORDER AND NOW, this 23 day of ~ cJ~a I.e~- , 2003, upon presentation and consideration of the Petition to Withdraw as Counsel, it is hereby ORDERED AND DECREED that Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. are granted leave to withdraw as counsel for Defendant in the above captioned matter. BY THE COURT: (~ Distributionr/IU.CI{a htAe~sl~cr~ ' f'C Sandra L. Meilton, Esquire, O. Box 8 9, Harrisburg, PA 17108 O~~ lA~o~- i.CeRoy Smigel, Esquire, 4431 N. Front Street, Harrisburg, PA 17110 prances Federico-Eyler, Defendant, 8 Redwood Court, Camp Hill, PA 17011 RK~ la -24-cC3 -" RONALD YINGER EYLER, Plaintiff v. FRANCES PAMELA FEDERICO-EYLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5418 CIVIL TERM IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Sandra L. Meilton for the law firm of Tucker Arensberg, P.C. and hereby avers the following: 1. On or about March 8, 2002, Petitioner was retained to represent Defendant in the above matter. 2. By letter dated October 6, 2003, Defendant terminated the relationship between Petitioner and herself (see attached copy of letter). 3. Defendant joins in the Petition and her Consent and Joinder is attached hereto. 4. Plaintiffs counsel does not oppose Petitioner's request to withdraw from the case (see attached copy of letter emailed and sent by first class mail). 5. Withdrawal of the Petitioner from the case will not materially prejudice Defendant or delay any pending litigation. ~~. 6. For the reasons set forth herein, Petitioner desires to sever the representation relationship with Defendant. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. permission to withdraw as counsel for Defendant, Frances Federico-Eyler. Respectfully submitted, TUCKER ARENSBERG, P.C. 7r By: °~ Sandra L. Meilto I.D. # 32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 Petitioner ..i October 6, 2003 Sandra L. Meilton 111 North Front Street Harrisburg, PA 17108 Dear Sandy, It is with regret that I must inform you of my plans to terminate our working relationship. I feel that it is in my best interest to seek other counsel. I would like my files released to me, and I wilt contact your office to pick them up this week. Sincerely, Fran" "-Federico-Eyler CONSENT AND JOINDER I, Frances Federico-Eyler, consent to and join in the Petition to Withdraw as Counsel of Sandra ~. Meilton and the law firm of Tucker Arensberg. P.C. 10 / 9 / 03 Frances Federico-Eyler Dated: 63117.1 SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW October 14, 2003 Sandra L. Menton, Esquire Tucker, Arensberg & Swartz P.U. Box 889 Harrisburg, PA 17108-0889 FAX 232-6802 Re: Ronald Yinger Eyler v. Frances Pamela Federico-Eyler No. 01-5418 Civil Term, Cumberland County Action in Divorce Dear Sandy: LEROY SMIGEL, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-500-822-9757 FACSIMILE (717) 234-3611 EMAH,: Isroigel aQsasllp.com www.sas!lp.coro File No. 6456-1-4 I understand you will be filing a Petition to Withdraw as counsel of record in the above matter. Pursuant to your request, this letter with confirm that I have no objection to the filing of the Petition or your withdrawal as counsel for Mrs. Eyler. Sincerely, LeRoy Smigel LRS:vIf cc: Mr. Ronald Eyler 4431 North Front Street Harrisbure. Pennsylvania 171 ] 0-1709 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP CERTIFICATE OF SERVICE AND NOW, this ~y day of ozf-o.~'Pti, 2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: LeRoy Smigel, Esquire 4431 North Front Street Harrisburg, PA 17110 Frances Federico-Eyler 8 Redwood Court Camp Hill, PA 17011 P'I r Gloria .Rine 63244.1 ~.~~~~ ~~~ 1~~~ ~~ ~~~e ~ ~~ .~ ~~ ~~ ~~ ~; i; ~ ,. -~ I ~ ~ c~ __ ~ -> = _. .: C -;5 ~ -- ~_: iv ~~ rr7 .- _- ~ __ (~ 11:J~ RONALD YINGER EYLER, IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PA v. NO.OI-5418 CIVIL TERM FRANCIS PAMELA FEDERICO-EYLER, DEFENDANT :CIVIL ACTION-DIVORCE PLAINTIFF'S MEMORANDUM OF LAW Plaintiffls Petition for Bifurcation should be granted. Pennsylvania recognizes that the economic claims associated with a divorce can appropriately be severed from the actual divorce action in order to effectuate a speedy resolution of the divorce. Pursuant to Pa. R.C.P. 1920.52(c), the court "need not determine all claims at one time but may enter a decree adjudicating a specific claim or claims." The court need not find clear and compelling necessity to bifurcate the proceeding, but need only review each case on its own facts and determine "that the consequences of bifurcating the case will be of greater benefit than not bifurcating." Wolk v. Wolk, 464 A.2d 1359, 1362 (Pa. Super. 1983). Pennsylvania courts have consistently considered certain facts in determining whether to bifurcate a divorce proceeding. The issue in Wolk was whether the trial court abused its discretion by following a county practice of approving bifurcation petitions without considering the unique facts of each case. Id. at 1363. In remanding the case for the trial court to consider the facts under the correct standazd, the appellate court placed great emphasis on the fact that granting the bifurcation would accelerate the actual dissolution of the marriage and allow the parties to "quickly begin the task of restructuring their lives." Id. at 1360. The trial court was also directed to consider the tax consequences of bifurcation, since it would allow a spouse to remarry and file a joint tax return with the new spouse and avoid filing taxes as married filing separately. Id. at 1361. The II appellate court also identified encouraging settlements of the property distribution issues as a relevant consideration in Wolk. Id. In Savage v. Savage, 736 A.2d 633 (Pa. Super. 1999), the issue was whether the trial court had correctly granted a bifurcation where the marriage was irretrievably broken and Husband had agreed to several provisions in order to protect Wife's economic interests until the economic claims were resolved. Husband agreed to continue Wife's APL, obligated his estate in the event he died before the resolution of all economic claims, and agreed that Wife's estate would receive continued APL payments in the event of her death. Id. at 642. Following the standard set forth in Wolk, the court considered whether the consequences of granting the bifurcation would be of greater benefit than not granting the bifurcation. Sava e, 736 A.2d at 645. The court specifically addressed the benefits of allowing the parties to restructure their lives, the potential tax benefits, and encouraging settlement of the remaining economic issues, Id. The court also recognized that Husband had addressed the potential disadvantages to Wife by agreeing to protect her interests. Id. at 647. The court distinguished the case from a situation where the party seeking the bifurcation controls virtually all the marital assets and seeks to delay resolution of the economic claims. Id. at 646. The Husband in Savage had cooperated with the discovery process, was seeking to resolve the economic claims, and had presented Wife with several property settlement proposals in good faith. Id. at 648. He also testified that he would neither hide nor dissipate marital assets and was not seeking bifurcation to avoid legal or economic obligations to Wife. Id. The issue in Katz v. Katz, 514 A.2d 1374 (Pa. Super. 1986) was whether the trial court correctly granted a bifurcation where the Husband was cohabitating and had a child with another woman and the Wife would not be economically prejudiced by the bifurcation. The court relied on the considerations from Wolk to affirm the bifurcation order, since the parties had restructured their private lives and the bifurcation would not disadvantage Wife. Katz, 514 A.2d at 1381. The court granted the Husband's bifurcation petition in Bil¢er v. Bilger, 9 Pa. D. & C. 4th 500 (Montgomery Co. C.C.P. 1990}, despite the fact that Wife had health problems and her health insurance coverage would end upon divorce. Relying on the standard from Wolk, the court considered the unique facts of the case to come to a decision. Bi1Qer, 9 Pa. D. & C. 4th at 505. The court observed that the marriage was irretrievably broken and the delay in resolving the economic issues had largely been due to Wife's actions. Id. at 505-06. Since Wife could address the health insurance coverage through a support action, which was preserved despite the bifurcation, the court held that the advantages of granting the bifurcation outweighed the disadvantages. Id. at 506. Pennsylvania courts have consistently considered the following factors in deciding whether to grant a bifurcation request: 1) whether the bifurcation would allow the parties to begin the task of restructuring their lives; 2) tax consequences; 3) encouraging settlement of property distribution issues; 4) whether the other party's economic interests would be protected; 5) whether the marriage is irretrievably broken; 6) whether the party seeking bifurcation is attempting to avoid economic or legal obligations to the other party; and 7) whether the party opposing bifurcation has been responsible for delay in resolving the economic issues. Review of the facts of the present case in light of these considerations weighs heavily on the side of granting the bifurcation. In the present case, the bifurcation should be granted. The marriage is irretrievably broken and the parties have been separated for over two years. Both parties need the freedom to restructure their personal lives and Husband should be allowed to pursue his current relationship. Husband also needs to plan for the future of his business, the majority of which is not a marital asset, and concentrate on his health concerns. Wife will not be disadvantaged by the bifurcation, since she will continue to receive support from Husband and can obtain her own health insurance. Bifurcating the divorce will actually preserve all related claims. This will allow the claims to be heard in the event of either party's death. Husband has cooperated in every way with Wife's discovery requests and is not attempting to avoid legal or economic obligations to her. To the contrary, Husband has been actively seeking to resolve the economic claims by making numerous good faith, comprehensive settlement offers to Wife, but Wife has only delayed the economic resolution. Husband should not be held hostage to the economic claims any longer. A review of the relevant factors as applied to the facts of this case leads to the conclusion that the consequences of bifurcating the case will be of greater benefit than not bifurcating. Respectfully submitted, Date: d, Id6l~' SMIGEL,ANDERSON &SACK5 By: LeRoy Smigel ire, I. . # 09617 Ann V. Levin, Esquire, I.D. # 70259 4431 North Front Street Harrisburg, PA 17110 (717)234-2401 Attorneys for Plaintiff 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ro~~ u;~PL~--~~J~~. . / Plazntiff G Vs File No. ~! -- I o ~~ y~ /J~ ~ ~~~~~1e IN DIVORCE .Y J' f Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated ~~zU 3 hereby elects to resume the prior surname of ~~DEIc.Ze,U ,and gives this written notice avowing his /her intention pursuant to the provz ns ofp54 P.S. 70'4. Q~ Date: 6 i9i=~~./~o/% ./i/i ~Lr Signature Signature of name being resumed COMMONWE TH OF PENNSYLVANIA ) COUNTY OF ,~ c'L. On the. ~' ~ day of ~~, 200, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notazy Public NOTE RIAL SEAL '~ CLAUOIA A. OREWpAKER, NOTARY PU811C Carlisle 8oro, Cumberland County MyCurr:mission Expires April q, p005 ~~ 1-°J~i~Gi ~~ ~ ll--~Jyy~Jy .~.V p~ 4\` {~ \ \\~\I~V`p^`