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HomeMy WebLinkAbout03-3471MARK W. SULLIVAN, LORI A. SULLIVAN, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 03- 3 ~/'~ [ CIVILTERM : In DIVORCE NOTICE 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. 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 MARK W. SULLIVAN, LORI a. SULLIVAN, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street MARK W. SULLIVAN, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is MARK W. SULLIVAN, who currently resides at 47 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania, where he has resided since December, 2001. 2. The Defendant is LORI A. SULLIVAN, who currently resides at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania, where she has resided since June 28, 2003. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. The Plaintiff and Defendant were married on October 26, 1986 in Brazil, Indiana. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divome Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys for Plaintiff 26 West ~ Stree Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Mark W. Sullivan SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MARK W. SULLIVAN, VS. LORI A. SULLIVAN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03- 3471 CIVILTERM : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ~//~:~ dayof ~bC~-~'/.L/2~ 2003, BETWEEN LORI A. SULLIVAN, of 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND MARK W. SULLIVAN, of 47 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on October 26, 1986 in Brazil, Indiana; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 03-3471 Civil Term filed July 21, 2003; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children: Lindsey C. Sullivan, born July 3, 1990; and Taylor A. Sullivan, born May 26, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle. PA 1994, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed 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 from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days .of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with ~mprovements erected thereon at 47 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. The parties shall sell the marital home by listing it for sale by owner for a period of 60 days from the date of this Agreement and, if it does not sell, by listing it with a real estate agent on whom they can agree. The property will be listed for sale at a 2 SA/DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA pdce agreed to by the parties, taking into consideration the recommendation of the real estate agent, and the property will be sold at a price agreed to by the parties or, if they cannot agree, at any price within 5% of the asking price. Upon the sale of the real estate, the parties will pay from the proceeds the usual costs of sale, the Wells Fargo Mortgage and the AmeriChoice Home Equity Loan. Additionally, from the costs of sale, the parties will pay the debt more particularly set out in Paragraph 4 below. If the remaining proceeds equal or exceed $40,000, the parties will split them equally. If the remaining proceeds do not equal $40,000, Husband will receive the first $20,000 and Wife will receive the balance of the proceeds. Pending the sale, Husband will pay the mortgage, utilities, insurance, taxes and household expenses of maintaining the residence. Wife will pay to Husband $500 each month to aid in these expenses. She will make her payments by the f~Szz- day of each month commencing August, 2003, and continuing on the same day each month until the property is sold. With regard to those expenses which Husband is undertaking to pay, he will indemnify and hold Wife harmless from any loss thereon so long as Wife is making her $500 payments. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Wells Fargo Mortgage No. 554819 ii. AmeriChoice Home Equity Loan No. 22348-53 3 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA iii. Kohl's Credit Card No. 034-0029-750 iv. Seam Credit Card No. 05-58984-13876-5 v. Visa Credit Card No. 4202-9000-0004-7760 vi. Master Card Credit Card No. 5411-2'700-3007-5585 Pending the sale of the madtal home and the payment of the listed debt, Husband will contribute to the minimum amount due to keep the payments current. Upon the sale of the marital home, all of the debt shall be paid as set out in Paragraph 3 above. The parties agree that neither of them will charge any additional amounts to the various credit cards. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on June 28, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten days of the date of this Agreement each party shall execute any documents necessary to have said vehicles propedy registered in the other party's SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. In particular, Husband will retain the 1987 Ford, the 1931 Ford, the 1976 Kawasaki Motorcycle, and the 1990 Nissan. Wife will retain the 1999 Nissan. The parties agree that there are no liens encumbering these vehicles. Furthermore, Husband will retain all personal property of the parties located at the marital residence, except that Wife shall receive the upright freezer, any decorations which she may desire, including her Longeberger baskets, and any small kitchen appliances, dishes or cooking utensils which she desires. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not 5 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. At the time of their separation, the parties had the following bank accounts with the following balances: A. M&T Bank Checking Account No. 1185713 - $133.99 B. M&T Bank Savings Account No. 015004200897261 - $4,968.28 C. AmeriChoice Checking Account No. 22348-11 - $3,584.86 D. AmeriChoice Savings Account No. 22348-11 - $41.22 Total Accounts: $8,728.35 From these accounts, the parties have paid $930 toward Husband's attorney's fees to include the filing of the Complaint in Divorce and the preparation of this Marital Settlement Agreement. The parties agree that they will maintain these checking and savings accounts until the marital home is sold, and that from these accounts may be withdrawn any amounts necessary to pay fix-up costs for the sale of the marital home, however, that the parties will agree in writing to the withdrawal of the amounts necessary for the fix-up costs. Upon the sale of the marital home, all accounts will be closed and the parties will equally divide the balance in those accounts. Neither party, except as set out herein by agreement, shall withdraw any monies from the listed accounts until the sale of the madtal home. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children: Lindsey C. Sullivan, born July 3, 1990; and Taylor A. Sullivan, born May SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 26, 1994, shall be shared with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. The parties shall alternate weeks of custody of the children with the exchange time being 6:00 p.m. on Fridays. The children will spend every other week with Wife and will spend the alternating week with Husband. Upon the sale of the marital home and the anticipated remarriage of Wife, the parties will determine the physical custody schedule which best fits the needs of the children. (9) CHILD SUPPORT: The parties agree that neither shall seek child support from the other. The parties understand that this promise may not be enfomeable because child support is the right of children. Nevertheless, the parties undertake to make the promise in consideration of the property distribution set out herein and each relies on the promise of the other in forbearing to seek child support. Nevertheless, Husband will provide health insurance for the children so long as it is available from his employer at a reasonable cost, and he will maintain any life insurance policies insudng the children's lives which they own as of the date of this Agreement. The parties agree that they will each take an exemption for one child on their Federal Income Tax Returns commencing the year 2003 and continuing. When there is only one child available for claiming by one or the other parties, the parties will alternate the years in which they can claim the child with Husband taking the first of such years, and Wife the second, and so on. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (10) EDUCATIONAL EXPENSE: It is the intention of the parties to both contribute to the post-secondary education of their children. The children will apply for whatever scholarships or grants are available to them. Of the remaining costs for tuition, room and board, the parties will each contribute in proportion of their incomes, one to the other, based on their Federal Income Tax Returns, Line 7 Income, the Federal wages on the W-2 of each. By way of example, if on the year before each child enters a year of post-secondary education, Husband's Line 7 in Federal wages is $80,000 and Wife's Line 7 in Federal wages is $40,000, then Husband will pay two- thirds of the education costs remaining and Wife will pay one-third. It is the intention of the parties to contribute to their children's education even if one or the other of them has voluntarily left or reduced employment. In that case, that parties' income shall be the highest Line 7 income which he or she has received from the date of this Agreement to the date each child begins a year of post-secondary education. It is the intention of the to calculate the percentage contribution on an annual basis based on the Tax Return and W-2 for the year proceeding the year thE; child is enrolled in college. (11) WAIVER OFALIMONY: The parties acknowledge that each has ~ncome and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice and each have been provided a copy of this Agreement with which to consult with counsel. SAIDIS SHUFF, FLOWF, R & LINDSAY 26 W. High Street Carlisle, PA Husband is represented by Carol J. Lindsay, Esquire, and Wife has been advised that she may be represented by counsel of her choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (13) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local ~ncome tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred ~n connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature, and extent of his or her separate income on the aforesaid joint returns. 9 SAIDIS SHLIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (15) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (16) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her dghts and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of 10 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente Ih'e, counsel fees, costs and expenses, equitable distribution of madtal property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All dghts of courtesy and dower and all claims or dghts in the nature of courtesy and dower; D. All widow or widower's dghts; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other'.,; will; 11 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA and (2) (3) under the laws of intestacy; to a family exemption or similar allowance; (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether ar, sing under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounfing; G. All rights, claims, demands, liabilities and obligations adsing out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All dghts, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (20) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (21) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divome against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by 12 MARK W. SULLIVAN, VS. LORI A. SULLIVAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- 5~/~/ CIVILTERM IN DIVORCE ACCEPTANCE OFSERVICF I, LORI A. SULLIVAN, Defendant above, accept service of the Complaint in Divorce in the above captioned matter. Date "~ Lori A. Sullivan, Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26W. High S/feet Carlisle, PA J U L 2 9 2003 © 5~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MARK W. SULLIVAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. LORI A. SULLIVAN, Defendant : CIVIL ACTIION - LAW : NO. 03-3.471 · IN DIVORCE CIVIL TERM PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODF AND WAIVER OF COUNSELINC. A Complaint in Divorce under , 3301(c) of the Divorce Code was filed on July 22, 2003. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: Signature: .7~..~ ~,, .,~Z Mark W. Sullivan, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MARK W. SULLIVAN, Plaintiff VS. LORI A. SULLIVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - 3471 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODF AND WAIVER OF COUNSELIN~ Date: A Complaint in Divorce under , 3301(c) of the Divorce Code was filed on July 22, 2003. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. MARK W. SULLIVAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SA/DIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA VS. LORI A. SULLIVAN, Defendant : CIVIL ACTION - LAW : NO. 03 - 3471 CIVIL TERM : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER '3301(c) OF THE DIVORCE CODF I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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 vedfy that the statements made in this Affidavit are true and corre~;t to the best of my knowledge, information and belief. 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: Signature: ~X. '(~. ,l~J~¢, L~Ori-A. Sullivan, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MARK W. SULLIVAN; VS. LORI A. SULLIVAN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03 ~ 3471 CIVIL TERM : IN DIVORCE .PRAEClPE 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) .~,~,~.~w~ of the Divorce Code. (Strike out inapplicable section}, 2. Date and manner of service of the complaint: Defendant was served via Acceptance of Service signed by Lori A. Sullivan Defendant, on July 26, 2003. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff October 26, 2003; by the Defendant October 27, 2003. Date of filing of Plaintiff's and the Defendant's Affidavits of Consent: November 12, 2003. 4. Related claims pending: . Resolved by Marital Property Settlement and Separation Aqreement dated Auqust 21, 2003. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was executed: October 26, 2003; Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: November 12, 2003. Date Defendant's Waiver of Notice in 3301(c) Divorce was executed: October 27, 2003. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: November 1~2,2, 2003. Carol'Y. ~i'n d sa y ,"~ q ui re'------ Saidis, Shu Fff,~J~er & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff IN THE COURT MAP~K W. SULLIVAN Plaintiff VERSUS LORI A. SULLIVAN Defendant OF CONI MON OF CUMBERLAND COUNTY STATE OF ~,~~ PENNA. PLEAS NO. 03-3471 DECREE IN DIVORCE ^ND NOW, DECREED THAT Mark W. Sullivan Lori A. Sullivan AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 2<~O~, IT IS ORDERED AND , PLAINTIFF, .,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOL~-OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None: The terms of the marital settlement agreoment of August 21, 2003 are incorporated but not merged into the Decree in Divorce. BY THE COURT: ~ .,/~/ /'-~ - ~ y PROT~-ONOTAR;