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HomeMy WebLinkAbout03-3833LYNN M. FROMM, Plaintiff VS. NORMAN H. FROMM, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CIVIL ACTION - LAW * IN DIVORCE 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. When the ground for the divorce is indignities or i~xetrievable breakdown of the marriage, you may request mamage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Com't House, 1 Com't 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 LYNN M. FROMM, Plaintiff VS. NORMAN H. FROMM, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CIVIL ACTION - LAW * iN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE Plaintiff is Lynn Marie Fromm who currently resides at 600 Lavina Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Norman H. Fromm who currently resides at 600 Lavina Drive, Mechanicsburg, Pennsylvania 17055. 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 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. 7. The Plaintiffhas 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. 8. Plaintiff avers that there are two children of the parties under the age of eighteen. thereto. 10. 11. COUNT L REQUEST }:OR A NO-FAULT DIVORCE UNDER §3301© OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. 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. Plaintiffbelieves 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© of the Divorce Code. 12. thereto. 13. 14. COUNT II. REOUEST FOR A NO-FAULT DIVORCE UNDER §330'I(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiffwill 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. V~rlEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 330 l(d) of the Divorce Code. Respectfully submitted: Date: Stephfinie L. Mih~ill~o, Esquire Wiley, Lenox, Colgan & Marzza¢co, P.C. The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID #86998 ATTORNEY FORPLAINTIFF VERIFICATION I, Stephanie L. Mihalko, Esquire, verify that the contents of the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I am authorized to respond based upon information provided by Lynn M. Fromm and in my capacity as her counsel. I understand that I am subject to the penalties of 18 Pa. C.S. Sec. 4904 relat'mg to unsworn falsification to authorities for any false statements that I made in the foregoing document. ~Stephanie L. Mihalko, Esquire MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this //'-~: _ day of ffL~¢/,~ I, 2003, by and between, Norman H. Fromm, hereinafter referred to as "lHusband", and Lynn M. Fromm, hereinafter referred to as "Wife". WlTNESSETH: WHEREAS, Husband and Wife were lawfully married on January 27, 1990; and WHEREAS, certain differences arose between the parties as a result of which they separated on June 21, 2002, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, pro se, and Wife, by her attorney, Stephanie L. Mihalko, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the, above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: (Initials) It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: ; Each party shall be free from interference, authority and cdntact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nol in any way malign the other, nor in any way interfere with the peaceful existence, separat~ and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife and warrants to Husband that since June 21, 2002, she has not, and in the fut~ not, contract or incur any debt or liability for which Husband or his estat responsible and shall indemnify and save Husband harmless from any and; demands made against him by reason of debts or oblig;~tions incurred by he~ 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below represents and warrants to Wife that since June 21, 2002, he has not, and in tr will not, contract or incur any debt or liability for which Wife or her estat responsible and shall indemnify and save Wife harmless from any and a demands made against her by reason of debts or obligations incurred by him 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that the have no outstanding marital debts and obligations of the Husband and Wife incurred rior to the signing of this agreement: represents ~re, she will might be claims or Husband ~ future he might be claims or (Initials) support for Wife and the payment of alimony following the entry of a final Decree ~n Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, Suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final sefflement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. l O. HEALTH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage until entry of a final decree in divorce. Any payments for health insurance will not be considered alimony and are not included with the income of (Initials) the Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND E,~PENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the padies are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in fuji and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: 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 income tax is proposed, or any 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 loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incun*ed in connection the~with. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations Or failures to disclose separate income resulting in tax liability. The parties shall file separately in 2004 and thereafter. /~(Initials) 9 !A~x,~, (Initials) 13. WAIVERS OF CI_AIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and! right to act as administrator or executor of the other's estate. Each will, at the request o~f the other, execute, acknowledge and deliver any and ail instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor mad~e subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing conta}ined in this Agreement shall prevent or preclude either of the parties hereto from c6mmencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either pa~f from defending anyi such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, ~,~Initials) 10 (Initials) covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divorce under Section 3301(c) or (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for wife to proceed with a no-fault divorce as soon as possible, providing counsel for Husband with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreeme~, which shall be incorporated by reference into the Divorce Decree, shall not be merged in Such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. '16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek 11 _~..~ (Initials) such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifi,cally enforced by either Husband or Wife in Equity, and the parties hereto agree that if an a[ction to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to irnproperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of ~he general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to tlhe contrary herein, Hhsband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreedithat for and in specific consideration of the other provisions and covenants of this 'Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or eqUity or both in ~~(Initials) ~ (Initials) 12 any way whatsoever, provided that the party who seeks 1:o recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement amd intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request ef the other, execute, acknowledge and deliver to the other party any and all further instraments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement ancl their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information rOiating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowleclge and agree that tile provisions 13 (Initials) of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreemenll with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distributio~ of marital property, but nothing herein contained shall constitute a waiver by either party ef any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature[whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of thisi Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance or~ any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14 (Initials) 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only/that term, condition, clause or provision shall be stricken from 1:his Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding an~d shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto, have set their Hands and Seals the day and year first above written. Norman H. Fromm ~-(~EAL) ~ynn M. Fromm Litness 16 (Initials) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY Of BEFORE ME, the undersigned authority, on this //JL day of C-~_~. ~.~L 2003, personally appeared Lynn M. Fromm, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /Z~' day of L,/~V~-~' q -/- , 2003. N/otary Public in and for the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. BEFORE ME, the undersigned authority, on this /l--day of C/'~,~ ~z.t-,d~ Norman H. Fromm, known to me to be 2OO3, personally appeared the person who executed the foregoing instrument, and 'who acknowledged tO me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS . ~'~ u ~z .t J(-- , 2003. Baa{M R. Madam, Notary Public Allen '1~o., Cure--nd ~ / I'J(- day of Notary Public in and for the Commonwealth of PennsylVania LYNN M. FROMM, Plaintiff, VS. NORMAN H. FROMM Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 03-383:} CIVIL ACTION - LAW IN D1VORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint For Divorce Under Section 3301(c) of the Divorce Code, which was filed on August 7, 2003, to the above referenced term and number. Dated: Norman H. Fromm, Defendant LYNN M. FROMM, Plaintiff, VS. NORMAN H. FROMM, Defendant. * 1N THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 03-3833 * CIVIL ACTION - LAW * IN DIVORCE 2003. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on August 7, 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ,/-20 Date LYNN M. FROMM, Plaintiff, VS. NORMAN H. FROMM, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3833 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI 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 verif~ that the statements made in this affidavit are true and correct. I understand that false statements ~de herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date ~l~inti~}' LYNN M. FROMM, Plaintiff, NORMAN H. FROMM, Defendant. * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA * NO. 03-3833 * CIVIL ACTION - LAW * IN DIVORCE 2003. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code ~vas filed on August 7, 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. 1 consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Norman H. Frbmn( Defendant LYNN M. FROMM, Plaintiff, VS. NORMAN H. FROMM, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA , * NO. 03-3833 , * CIVIL ACTION - LAW * 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF ADIVORCE DECREE UNDER SECT[ON 3301(c~ OF THE DIVORCECODE l. 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 ifI 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, l verify that the statements made in this affidavit are true and correct, I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to tmsworn falsification to authorities. ate ~norman H. Fromm Defendant LYNN M. FROMM, Plaintiff, VS. NORMAN H. FROMM, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA , * NO. 03-3833 , * CIVIL ACTION - LAW * IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: An Ac e t e f e 'c s' e h D e n n 7 2 3 d w file i the Court on September 8. 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 Plaintiff: ~; By Defendant: January 14, 2OO4, (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: Al r ! t dci i were re Iv arit IS rte re t d 1 2003 Si M r't e I e t re e twa fie i h o i ut 920 . 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 Plaintiffs Waiver of Notice in Section 3301 (c) Divorce wasfiled with the Prothonotary: Filed: February_ 10. 2004; Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Filed: February_ 10. 2004. Date: By: radS/,.' ick Attorh'ey for Plaintiff iN THE COURT OF COMMON LYNN M. FROMM, VERSUS NORMAN H. FROMM. OF CUMBERLAND COUNTY STATE OF ,p~ .,~,~ PENNA. PLEAS N o. 03-3833 DECREE IN DIVORCE AND NOW~ DECREED THAT LYNN M. FROMM aND NORMAN H. FROMM 2004 , IT IS ORDERED AND __, PLAINTIFF, _, 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; The terms and provisions of the Marital Settlement Agreement signed by both parties on August 11, 2003 are hereby incorporated but not merged in the Decree in Divorce ano remain binoing upon the parties. BY THE C~DIl: