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Home My WebLink About99-05152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. a Tracey Ann Ash 9400 Highland Road No. 99-5152 Pittsburgh, PA 15237 VERSUS Clifford Edward Ash 113 West Locust Street, C-17 Mechanicsburg, PA 17055 DECREE IN DIVORCE AND NOW, gnnl.23-e 1-2OVI , IT IS ORDERED AND DECREED THAT Tracey Ann Ash , PLAINTIFF, AND Clifford Edward Ash ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; Personal Agreement signed September 30, 1999 and Clarification of Agreement signed April 20, 2001 BY THE COURT: ATTEJ. PROTHONOTARY ?a??oi ?• ceps ? s?•a?•oi ?la?iee ??? ate. 11 d. f PRAECIPE TO TRANSMIT RECORD Tracey Ann Ash IN THE COURT OF COMMON PLEAS OF 9400 Highland Road Cumberland County, Pennsylvania McCandless Township Pittsburgh, PA 15237 (412) 366-2106 V - CIVIL TERM Clifford Edward Ash 113 West Locust Street No: 99-5152 Apartment C-17 Mechanicsburg, PA 17055 (717) 697-9012 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce under Section 330(c) of the Divorce Code was filed on August 26, 1999. 3. Complete either paragraph (a) or (b): (a) Date of executed Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: January 5, 2000 By Defendant: January 5, 2000 (b) (1)Date of execution of Plaintiff's affidavit required by Section 201(d) of the Divorce Code: 4. Related claims pending: Incorporation of attached Agreement and Clarification of Agreement Items ? l Plaintiff April 20, 2001 &2? De dant ?l TRACEY ANN ASH, Plaintiff ' IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PENNSYLVANIA ' NO. 99 ' CIVIL ACTION - LAW ' IN DIVORCE VS. CLIFFORD EDWARD ASH, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. CUMBERLAND COUNTY: When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1 TRACEY ANN ASH, Vs. Plaintiff • IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA f « NO. 9q- 5 /S,Z dl-? CLIFFORD EDWARD ASH, Defendant ` CIVIL ACTION - LAW ' IN DIVORCE AFFIDAVIT I, Tracey Ann Ash, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in the counseling prior to a divorce decree being handed down by the Court. 4. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. \ U 4 Ebb /_ Plaintiff TRACEY ANN ASH, Vs. Plaintiff CLIFFORD EDWARD ASH, Defendant ' IN THE COURT OF COMMON PLEAS " CUMBERLAND COUNTY, PENNSYLVANIA ` NO. qq- _s/sy -1; .- • CIVIL ACTION - LAW ' IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is Tracey Ann Ash, who currently resides at 700 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Clifford Edward Ash, who currently resides at 700 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on February 3, 1990. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 2 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT 11. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 3 12. The marriage of the Parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. 4 COUNT IV. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 18. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. Plaintiff is unable to sustain himself\herself during the course of litigation. 5 21. Plaintiff lacks sufficient property to provide for his\her reasonable needs and is unable to sustain himself\herself through appropriate employment. 22. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his\her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his\her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT VI. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 24. Plaintiff has employed Edward J. Weintraub, Esquire, to represent him\her in this matrimonial cause. 25. Plaintiff is unable to pay his\her counsel fees, costs and expenses and Defendant is more than able to pay them. 26. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 27. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final 6 hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VIII. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 28. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 29. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 30. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 31. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. 7 WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: 1 Z 6 EDWARD J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF 8 VERIFICATION I, Tracey Ann Ash, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 8 'a3 - /I l -! 9 o7rza-c.e.?.CUrvn ?.?h Tracey Ann Ash a c? y F -j r L4 Q n? 1 CSI. Tracey Ann Ash 528 Market Street 1s` Floor New Cumberland, PA 17070 (717) 770-1968 V. Clifford Edward Ash 700 Allenview Drive Mechanicsburg, PA 177055 (717) 697-9012 IN THE COURT OF COMMON PLEAS OF Cumberland County, Pennsylvania CIVIL TERM NO: 99-5152 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 (c) of the Divorce Code was filed on August 26, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken. Ninety days have lapsed since the filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. PLEASE SEE ATTACHED AGREEMENT SIGNED BY BOTH PARTIES ON SEPTEMBER 30, 1999. 5. 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 unsworn falsification to authorities. (Plaintiff) N (Defendant) -?5,4 (/A6 y .S 2000 Form 30 1 i' ... ( .' Tracey Ann Ash 528 Market Street 1st Floor New Cumberland, PA 17070 (717) 770-1968 V. Clifford Edward Ash 700 Allenview Drive Mechanicsburg, PA 177055 (717) 697-9012 IN THE COURT OF COMMON PLEAS OF Cumberland County, Pennsylvania CIVIL TERM NO: 99-5152 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 (c) of the Divorce Code was filed on August 26. 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken. Ninety days have lapsed since the filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. PLEASE SEE ATTACHED AGREEMENT SIGNED BY BOTH PARTIES ON SEPTEMBER 30, 1999. 5. 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 unsworn falsification to authorities. (Plaintiff) (De en ant) -3'4VV4c-7- S .2000 Form 30 (1 ? lid; ?._ Tracey Ann Ash 9400 Highland Road McCandless Township Pittsburgh, PA 15237 (412) 366-2106 -V- Clifford Edward Ash 113 West Locust Street Apartment C-17 Mechanicsburg, PA 17055 (717) 697-9012 IN THE COURT OF COMMON PLEAS OF Cumberland County, Pennsylvania CIVIL TERM No: 99-5152 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A compliant in Divorce under Section 3301(c) of the Divorce Code was filed on August 26, 1999 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. 1 consent to the entry of a final Decree of Divorce without notice. 4. I understand that I may lase rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 1BPa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 20, 2001 Tracey Ann Ash Plaintiff E ,? Tracey Ann Ash '.N THE COURT OF COMMON PLEAS 9400 Highland Road OF Cumberland County, McCandless Township Pennsylvania Pittsburgh, PA 15237 (412) 366-2106 _V_ CIVIL TERM Clifford Edward Ash 113 West Locust Street Apartment C-17 No: 99-5152 Mechanicsburg, PA 17055 (717) 697-9012 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A compliant in Divorce under Section 3301(c) of the Divorce Code was filed on August 26, 1999 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. i consent to the entry of a final Decree of Divorce without notice. 4. I understand that I may lose rights concerning alimon?,., division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of ISPa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 20, 2001 L%RL ?°?` " GJ? Cc/Ffo2a Eowwrz.n f(ry DEF ?oANT -? ;: s- _, AFFIDAVIT OF NON-MILITARY SZRVICS Tracey Ann Ash IN THE COURT OF COMMON PLEAS OF 9900 Highland Road Cumberland County, Pennsylvania McCandless Township Pittsburgh, PA 15237 (912) 366-2106 - V - CIVIL TERM Clifford Edward Ash 113 West Locust Street No: 99-5152 Apartment C-17 Mechanicsburg, PA 17055 (717) 697-9012 AFFIDAVIT OF NON-MILITARY SERVICE Tracey Ann Ash, being duly sworn according to Law, deposes and says that she knows by her own personal knowledge and therefore avers that Defendant, Clifford Edward Ash, is 38 years of age; that he is employed by the Giant Food Stores, Inc., 1199 Harrisburg Pike, Carlisle, Pennsylvania 17013; and he is not in the military service of the United States or its allies, or otherwise within the provision of the Soldier's and Sailors' Civil Relief Act of Congress of 1990 and its amendments. oAliq Plaint ff Sworn and subscribed before me this 20th day of April, 2001 otary Public NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Camp Hill Boro. Cumberland County My Commission Expires June 15, 2002 ,. -, _? TRACEY ANN ASH, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA Vs. ' NO. 99-5152 CLIFFORD EDWARD ASH, ' CIVIL ACTION - LAW Defendant * IN DIVORCE /AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss. AND NOW, this 30th day of August , 1999 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Renee K. Betsko, who being duly sworn according to law, deposes and says that on August 4 , 1999, she mailed a certified copy of a Divorce Complaint by certified mail, restricted delivery, return receipt requested, to -Clifford Edward Ash and the same was received by him on August 6 , 1999 as indicated by the return receipt card which is attached hereto. LUX Renee K. Betsko Sworn to and subscribed before me on this day of C(I70 , 1999. - ..2y1?A ary Publ ic 5gEE00 e BENDER: •compre Mr t ereva x for additional ewvlaee. Mme 3 eM Ih 40 I also wish receive the Pd , . . yaurnrna arid address an the reverse of this torn w that we can rNUm Me card to Zyo • N l h lollowing Services (far an fo llowing extra fee): x l tlee brm to the hoM of tM 1nellPlece, or on the t1eNt a p g Y Am W ea don nol 1, ? Addressee's Adtlreee t e •The ReQh W1 ReaNpt MShot owhom the ut? a deli erect and the dale 2. 13 Restricted Delivery delivered. Consult postrbester for fee. 3. ANGe Addressed % 4a. A e Numb gr_ K??J LIU 4b. Service Type egistered ?CertlSed Express Mall O Insured Retu R i f g .r 8 rn ece pt or MerGrendse O COD Dat f D li e o e ve 5. Ret:e v By: (Pdnt Name/ S. Addressee's Address (Only I! sfed Y 1110P S It and In Is pall) S. Signature: (Addressee orAgent) X 2- I PS Forth 3911, December 1994 Dnmwstir Reatrrm wnv.nc..e r O? r: L[.. C `4L ?:L CLARIFICATION OF AQ EEMMiT ITn9S Tracey Ann Ash IN THE COURT OF COMMON PLEAS OF 9400 Highland Road Cumberland County, Pennsylvania McCandless Township Pittsburgh, PA 15237 (412) 366-2106 V - CIVIL TERM Clifford Edward Ash 113 West Locust Street No: 99-5152 Apartment C-17 Mechanicsburg, PA 17055 (717) 697-9012 CLARIFICATION OF AGREEMENT ITEMS The following represents clarification of outstanding items that have been agreed upon on the signed Agreement between Clifford Edward Ash and Tracey Ann Ash dated September 30, 1999. Paragraph II. EFFECT OF DIVORCE DECREE Divorce is contingent upon the selling and settlement of the home at 700 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. Home at 700 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, has been sold and settlement is to be held on Friday, April 20, 2001, 2:00 PM, at RE/MAX Realty Associates, 3425 Market Street, Camp Hill, Cumberland County, Pennsylvania. Page I of 7 Therefore, the necessary documentation (Praecipe To Transmit Record, Counseling Notice, Affidavit of Non-Military Service, Affidavit of Signature, Divorce Decree and any other necessary paperwork) will be provided to the Cumberland County Courthouse, Prothonetary's Office on Friday, April 20, 2001 for processing. Paragraph VI. TERMINATION OF THIS AGREEMENT Please see Paragraph II of Agreement signed on September 30, 1999 by both parties. Husband requested that the Decree of Divorce not be entered until the home at 700 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania has been sold and settlement has been made. Paragraph X. ALIMONY Alimony is to start, per Husband's request, May 4, 2001 in the amount of Two Hundred Seventeen and 50/100 Dollars ($217.50) per week; with a total monthly amount of Eight Hundred Seventy and NO1100 Dollars ($870.00). Should a fifth week occur in a month's time period, Husband to forward One Hundred Eight and 75/100 Dollars ($108.75) to Wife on that payday period. Page 2 of 7 Husband pay period is every Friday; therefore, Alimony check is to be post-marked and mailed no later than that pay date in order for Wife to receive the designated check no later than Tuesday of the following week. Since Husband's personal check is considered "but of Town" the bank will "hold" the monies for five (5) days to clear the amount from Husband's account. Should the personal alimony check be returned non-sufficient funds, (NSF), Husband is to promptly re-issue the alimony check along with any bank charges that have occurred on Wife's account and a letter to Wife's bank clearing Wife's credit history. Alimony is for the period of four (4) years beginning May 4, 2001 and ending may 4, 2005. PLEASE NOTE PARAGRAPH XXIV - HUSBAND'S LOSS OF ZMXWYNENT ON AGREEMENT DATED SEPTEMBER 30, 1999. PARAGRAPH XII. HEALTH AND MEDICAL INSURANCE Upon finalization of the Divorce Decree, Husband is to notify Benefit's Department so that Wife can obtain the same health, medical, dental, eye and prescription insurance through Husband's employer's COBRA program. Wife to contact Husband's Benefit's Department once the Divorce Decree is received to confirm that the COBRA information will be forwarded to Wife's Page 3 of 7 correct address. Husband notified his Benefit's Department and was advised that once the finalization of the Divorce Decree is received and Husband has removed Wife from his current health and medical insurance, the COBRA benefits will be between the Wife and Husband's Benefit's Department. PARAGRAPH XIV. MOTOR VEHICLES Item B Husband to provide Wife with the Highland Lease Corporation coupon book for the 1999 Honda CRV, VIN JHLRD1868XC038677, on Friday, April 20, 2001 so that Wife can start payment of the lease beginning May 2001. Husband agrees to have his name removed from the encumbrance and title of the motor vehicle once the divorce is final. PARAGRAPH XIX: DEBTS, LIABILITIES AND OTHER OBLIGATIONS "Both parties agree that all joint credit accounts will be terminated immediately and no charges shall be made on any jointly held credit account." Husband has not terminated the MasterCard account 5499-4532- 0037-8691 through Household Finance (Steelworkers) and upgraded it to account number 5407070005391371 in March of 2000. Wife recently became aware of this not being completed when her credit report was run in March 2001. A RELINQUISH FORM CHANGE OF Page 4 of 7 RESPONSIBILITY was completed by Wife on April 9, 2001 and sent along with ASSUMPTION FORM CHANGE OF RESPONSIBILITY that Husband completed on April 1, 2001. Copies of documentation enclosed. Should Household Credit Services, Inc. deny these CHANGES OF RESPONSIBILITY, Husband is to immediately transfer any and all balances on these accounts to an individual credit card. Husband is to notify Wife that this has been completed and forward a Wife notification from Household Credit Services, Inc. that Wife is not liable or responsible for any charges past, present or future on the joint accounts that where to be closed originally per Husband and Wife Agreement dated and signed September 30, 1999. PARAGRAPH XXV. METHOD OF PAYMENT Husband notified Wife that direct deposit of alimony is not possible through his employer; therefore, weekly alimony checks are to be mailed via the U.S. Postal Service. Please see Paragraph X of this Clarification of Agreement Items, dated April 20, 2001 for further description of payment terms and conditions. PARAGRAPH XXVI CONSOLIDATION This Clarification of Agreement Items is to be incorporated along with the original Agreement signed and dated on September 30, 1999 (and if the Agreement of September 30, 1999 needs to be re-submitted to the Court; therefore that second date the Page 5 of 7 Agreement is signed and sealed. IN WITNESS THEREOF, intending to be legally bound hereby, the parties have set their hands and seal this day and year first written above. WITNESS WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND \ ` & / (SEAL) WIFE ? (SEAL) HUSBAND On this, the day of Ae14- 2001, before me, a Notary Public of the Commonwealth of Pennsylvania, residing in the City of (ilQ7rtPjvicL and County of wwfPLs&J? , personally appeared TRACEY ANN ASH, known to me to be the person whose name is subscribed to the within Clarification of Agreement Items and acknowledge that she executed the same for the purposes herein contained. Page 6 of 7 NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Camp Hill Boro. Cumberland County My pommission Expires June 15, 2002 On this, the , -)V day of Z PI*G 2001, before me, a Notary Public of the Commonwealth of Pennsylvania, residing in the City of and County of (?vncffE?c-t!e) , personally appeared CLIFFORD EDWARD ASH, known to me to be the person whose name is subscribed to the within Clarification of Agreement Items and acknowledge that he executed the same for the purposes herein contained. IN WITNESS THEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC My commission NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public 17, Hill Boro. Cumberland County MmmissionExpiresJune15,2002I Page 7 of 7 Household Credit Services, Inc. P.O. Box 98741 A Household Intemallonal Les Vegas, NV 891938741 Company March 19, ?001 Cliff Ash 700 Allenview Dr Mechanicsburg PA 17055 RE: 1371 Ifr Ow 1.,ui 4 Purti we lun WieJ uNy aixiu o f,. xmmr numFecl Dear Cliff Ash : Thank you for your request to change account responsibility on the above listed account. Unfortunately, we are unable to process your request at this time because we have not received the following: • Accountholder assuming responsibility for the account should complete the: "Assumption Form-Change of Responsibility" form, and • Accountholder who is to be removed from the account should complete the: "Relinquish Form-Change of Account Responsibility" form. Please return the above listed documents in the enclosed postage paid envelope. Upon receipt, we will process your request promptly. If the information requested is not received within 30 days of the above date, we will be unable to give further consideration to your request. We look forward to serving your future credit needs. Sincerely, Credit Department Enclosures 261(R,w iL B) UP•ST139 (1g0) Household Credit Services, Inc. P.O. Box 98741 A Household International Las Vegas, HV 89193-8741 Company ASSUMPTION FORM CHANGE OF RESPONSIBILITY \Wow Please supply the following information and return in the envelope provided: Account Number: S407 / 07Ct-> / G15 3q / 1371 Name: CL/fF A# Home Address: 7oo ?fuevview L NWV4= AE ,4'y1CSBUiZ6. Pro- 170s? Social Security #:_ 171f /? 60 / 7z S3 Date of Birth: /o / to / 6'3 Mother's Maiden Name 6&n ? Home Phone #: (7r7 ) 6q7 _ o/Z- Work Phone #: (7o; ) -76x: Place of Employment: (SI,4.y7- _< ;VM-ES LL.C Position: ./"/ fA/46F-CL Gross Annual Income $ Nx ?O Additional Income $ `-6' - Source -V/lf- (Alimony, child support and separate maintenance income need not be disclosed if you do not wish to have them considered as a basis for repaying this obligation.) We the undersigned accountholder(s), confirm that I/we are hereby willing to assume responsibility for all fees, charges and balances, previous and future, of the above referenced account. I/We further state that all of the information furnished here, to the best of my/our knowledge, is complete and accurate. You may check any of the information from whatever source(s) you choose, and can obtain a current credit bureau report on me/us. 1/We understand that from time to time you may receive credit information concerning me/us from others, such as stores, other lenders, and credit reporting agencies. You may also furnish on a regular basis, credit and experience information regarding my/our account and my/our account number(s) to others seeking such information. By signing, using, or permitting another to use the credit card or cashing a credit card check, I/we agree to be bound by the terms and conditions of the Cardmember Agreements and Disclosure Statement, including any amendments. 4- l f l of ___1:???/t? Date Applicant Signature Date 26101 r, d 1} 6) Co-Applicant Signature UP•ST139 (7100) Household Credit Services, Inc. P.O. Box 98741 A Household International Las Vegas, NV 89193-8741 Company RELINQUISH FORM CHANGE OF RESPONSIBILITY }? By signing below, I r ',?-)H i rptc?6't (Last) with the social security number of ? l l0? o? / (? confirm that I am hereby willing to relinquish all rights on the account(s) with the number(s): Account Number: 5407070005391371 4- 5L+gat46 3 A00E5 10 (oq PLEASE CHECK ONE OF THE BOXES BELOW: ( ) I am enclosing my credit card(s)/checks, cut in half. ( My credit card(s)/ checks have been destroyed and properly disposed of. CP00 H(&[4GRN1a RD Pr,?f PA I5a31 (Address) (City) (State) (Zip) un ii'S+--d ; h QC o h u-q. -ol (Telephone Number) (Signature) (Date) 54gq-??3a-on3? -gc?q Carcl6 ae-6f-tom rzp?ryved .(D dice E, Ash 0-n gl3olgq rte, 5 40'107000G 3q i 3 ? l I have r,.ev-w or t nFo-rmma.?,cm Dn lL{ bU,1? is clcc?nF. ]61(ae,i IMP MLq 3liolol Y,?' on UP•ST139 (7/0(n 'OIOLL sexey'uolsnoIA b/LQ ep nS 'en4enV Aouulyp0yl IOEl '1!un 8ou91919sy lewolsn0'AouWmO byl to lollolldwo0 oyl to eop10 0416111pWO 6141 BUIWeO4p0 Mel 091 41!m eoue!Idwoo slelslulwpe leyl AoueBy lweped 841 'IOV u000e1old gpepO lownsuoo 941 lepun I4Bp Aug pes!weze 1411U; pooB u1 eey lueo!Itltle 641 esne0eq to twelBOld 6ouelsl9se o!Igntl Aue Wall sen4ep BWOOUI s,Weoptlde ey11o lied to Ile esnaoeq t0oelluoo bulpulq a olul blue of Ap oedoo 041 s94 lueolldde 0411841 peplnOld) a0e'enlel9 lelpew kes'ulOpo leuoll9u'uolBSel'lOIOO'eoel to s!seq eyl uo slueopdtle 1!pWO Isu!eBe Bugeu!wyos!p uwll sloppelo s11q!yold poy N!unpoddO ppwO lenb3 lelepej 041 30UON IOV A11NniuOd801103WO -ivnO3 t AFFIDAVIT OF SIGNATURE Tracey Ann Ash 9400 Highland Road McCandless Township Pittsburgh, PA 15237 (412) 366-2106 V IN THE COURT OF COMMON PLEAS OF Cumberland County, Pennsylvania Clifford Edward Ash 113 West Locust Street Apartment C-17 Mechanicsburg, PA 17055 : (717) 697-9012 CIVIL TERM No: 99-5152 AFFIDAVIT AS TO SIGNATURE Tracey Ann Ash, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce action; that she is familiar with the signature of the Defendant; and that the signature on the return receipt attached hereto as Exhibit "A" is the signature of the Defendant. Plaintiff Sworn and subscribed before me this 20th day of April, 2001 Notary Public NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Came Hill Boro. Cumberland County My pommisslon Expires June 15, 2002 EXHIBIT "A" Signature of Defendant: April 20, 2001 . . . I COUNSELING NOTICE Tracey Ann Ash 9400 Highland Road McCandless Township Pittsburgh, PA 15237 (412) 366-2106 IN THE COURT OF COMMON PLEAS OF Cumberland County, Pennsylvania V Clifford Edward Ash 113 West Locust Street Apartment C-17 Mechanicsburg, PA 17055 (717) 697-9012 CIVIL TERM No: 99-5152 The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a) (6) - Indignities Section 3301 (c) - Irretrievable breakdown - Mutual Consent Section 3301 (d) - Irretrievable breakdown - Two/Three year separation A list of qualified professionals is available for inspection in Cumberland County Courthouse Prothonotary's Office S. Hanover Street Carlisle, PA 17013 (717) 240-6195