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HomeMy WebLinkAbout03-4237 GARLAND S. ROBERTS, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. C!::>3 -J.t),:!7 C;1..J;L~&LYr\ LENELLE N. ROBERTS, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: LeneJle N. Roberts 21 Pinetree Drive Mechanicsburg, PA 17055 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 rnay 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 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717)249-3166 281289-1 GARLAND S. ROBERTS, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW NO. C~ - 1':li/( IN DIVORCE //. 'LL,- <"":IUL I~ v. LENELLE N. ROBERTS, COMPLAINT IN DIVORCE 1. The Plaintiff, Garland S. Roberts, Jr., is an adult individual currently residing at 5509 Moreland Court, No.3, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Lenelle N. Roberts, is an adult individual currently residing at 21 Pinetree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 27,2000 in Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. Plaintiff's Social Security Number is 183-44-8614, and Defendant's Social Security Number is 154-50-4146. 7. There have been no prior actions of divorce or for annulment between the parties. 8. 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. 281289./ 9. There were no children born of this marriage. 10. The marriage is irretrievably broken. II. The parties have been living separate and apart since May 15,2003. 12. Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a decree in divorce and enter any such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By G-- Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, PA 171I0-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~U0 281289.1 VERIFICATION I, Garland S. Roberts, Jr., hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. 1tr:!;~b1~ I, Date: ?i/:?.'::/{)8 281289-1 -p (.J ~ 'i ..... () it. .0 c C L...:: 0 ~ :.?'> -Yj ~,) r:> ~ ~ "'l cr,,"I- .~S ;-;~ - ,," -t: ~ () >,"j " ~ (() "--'-~ ~ ~. .-.j ::.J - ~ ~>- ';J.. ~ -{) 51:: .~1 jl,) W "..- ;cT, OJ ).~ c5 1 $ ';:~~ r:-? ji11 ..:.. .'I;~ -< 10 :J.J -- GARLAND S. ROBERTS, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 03-4237 LENELLE N. ROBERTS, Defendant IN DNORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff Garland S. Roberts, Jr., in the above- captioned divorce action, hereby certify that a true and correct copy ofthe Complaint in Divorce was served upon Defendant on September 8, 2003. Attached hereto, marked as Exhibit A and incorporated herein by reference, is a copy of the Return Receipt indicating service upon: Lenelle N. Roberts 21 Pinetree Drive Mechanicsburg, P A 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: CL- , Andrew C. Spears, Esquire Attorney J.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Date: IO/Jolo'S / I Attorneys for Plaintiff o c :<.. -o{{! rTl rr ' Z'~r zf: 0#),,' -:$ ,: r...- ,".,. 5>~ ZC..' :t?~~ :'3 -, C:i (,,) ~::'l :, -~-I o 11 .'j ! !'..) :.:> r,) GARLAND S. ROBERTS, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO.03-4237 LENELLE N. ROBERTS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT L An Amended Complaint in Divorce under 9 3301(c) of the Divorce Code was filed on August 27, 2003 and served upon Defendant on September 8, 2003. 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 true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., 9 4904, relating to unsworn falsification to authorities. Dated: \ J - \ \ - \) ":::> f!~;{~/ 8 ~.~ ""t.lel ~~, zc- (f).., -~ ,,-," ~c: ec :sc >c.: z :< c:; ( ., ~ ~'J o - ~-l "71 :::> ~....J ~:j ";:'1 ~- GARLAND S. ROBERTS, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CNIL ACTION - LAW NO. 03-4237 LENELLE N. ROBERTS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER !l3301(c) OF THE DIVORCE CODE I. 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 in 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. S 4904 relating to unsworn falsification to authorities. Dated: \ J - \ \-lrs ~/~/r Garland S. Roberts, Jr. o C :?: ""UtT rnr~ ~SC -<~' r::::l... ~:: C~ 5c k.:; "",:., =< ,~., "'" , ~~) => ..J ...." s~ -<. . F',FILES',DA TAFI LE\G~n"r~I\CU]Tent\ I ] 3; I .50pra I ('-,,"Ied 'JJ~()'Il.:j :IOIJPYl Kcvi.,cd 3/~3/()5 10 I~A.\l Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Attomeys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF CO CUMBERLAND COUNT v. NO. 03-4237 CIVIL ACTION - LAW LENELLE N. ROBERTS, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger Wickersham Knauss & E on beha f of Plaintiff in the above matter. METZGER WICKERSHAM NAUSS & ERB By: Andrew C. Spears, Esquire I.D.No. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO n behalf of Plaintiff in the above matter. MARTS ON DEARDORFF W LLIAMS & OTTO Date: 7:1\ W\o S By Jenni er!J. Spears, Esquire I.D. No. 87445 Ten East High Street Carlisle, P A 17013 (717) 243,3341 Attorneys for Plaintiff I I I CERTIFICATE OF SERVICE I ! I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff williams & certify that a copy of the foregoing Praecipe was served this date by deposi ing sam Office at Carlisle, P A, first class mail, postage prepaid, addressed as followsf I )tto, hereby in the Post Ms. Lenelle N. Roberts 21 Pinetree Drive Mechanicsburg, PA 17055 MARTSON DEARDORFF W LLIAMS & OTTO ricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: (tpvJ /; 2JfOJ' r,--,~ ,~.;:) C) '..:..n 11 .J__ i ;',,) C) F:\F.lLES\DAT AFILE\GeneraJ\Current\11371.50.daffidavit Created: 9(20(04 O~06PM Revised: 5127/052:16PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff .. GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4237 CNIL ACTION - LAW LENELLE N. ROBERTS, Defendant IN DNORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DNORCE CODE 1. The parties to this action separated on May 15,2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 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.A. Section 4904 relating to unsworn falsification to authorities. ~/~ Garland S. Roberts, Plaintiff Date: ~~2.7 (J J -- -" ""''''")'",,,,, """"_I!;I~il<,m'~;dA,..l>"'.,., o ~; ~'. i-~.. ~ ....~ c;:> = en ~ :i!.... n1--- c:. d,h :Dc;J ~~ 2i1 :~ -:: ~ -. N -..l Cf? &'" " ,7Jq~!'::r!"''''''''''M"'JW'fnm!'JJ'i'J'''''!!J!'' ,i' "", . FIFlLES\DAT AFILE\Gclleral\Curreml] 1371 .5Q,cert Created: 9/20/04 0:06PM Revised 5/3\105 1:42PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4237 CIVIL ACTION - LAW LENELLE N. ROBERTS, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer L. Spears, Esquire, attorney for Plaintiff, hereby certify that a copy ofthe attached Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code and Counter Affidavit Under Section 3301 (d) of the Divorce Code was mailed May 27,2005, by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Lenelle N. Roberts, 21 Pinetree Drive, Mechanicsburg, P A 17055. Date: S(~I ~ S MARTS ON DEARDORFF WILLIAMS & OTTO /~\! (J){)Jl/J By I\/'~ Jennifer L. ~ :pears, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff . . F:\FlLESIDATAFILE\General\Currcllt\l] 311 .5o.daffidavit Created:. 9/10104 0:06PM Revised 5/271052:16PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243,3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEA.S ~~ () CUMBERLAND COUNTY, PENNStt V ANIA-:~ GARLAND S. ROBERTS, JR., Plaintiff v. NO. 03-4237 CIVIL ACTION - LAW r.,) ---' LENELLE N. ROBERTS, Defendant IN DIVORCE L,.,) NOTICE TO DEFENDANT :) If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 15, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: .t,.......2..7 () J ~/~ Garland S. Roberts, Plaintiff - . . F:\FILES\DA TAFILE\G<:nera!\Current\11371.50.countcrafTtdavit Crcaled: 9120104 0:06PM Revised: 5/27/05 3:25PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03,4237 CNIL ACTION - LAW LENELLE N. ROBERTS, Defendant IN DNORCE COUNTER-AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry ofa 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 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. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. _(b) 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! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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 of18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: Lenelle N. Roberts, Defendant NOTICE: If you do not wish to oppose the entry ofa divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. ("';, "" = c~) c.n 'J :"1 :::! -' .--::.., _c.". , , ,-.'"'- c.) (":} W - F: IFILES\DA T AFlLEIGenera1\CufTent\1 1371.50. cert] Created, 912Q!Q4 Q(}{,PM Revised, 6/21/05 !0:48AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-4237 CIVIL ACTION - LAW LENELLE N. ROBERTS, Defendant IN DIVORCE CERTIFICATE OF SERVICE~ I, Jennifer L. Spears, Esquire, attorney for Plaintiff, hereby certifY that a copy of the attached Notice of Intention to Request Entry of 93301(d) Divorce Decree and Counter Affidavit Under Section 3301 (d) of the Divorce Code was mailed June 21, 2005, by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Lenelle N. Roberts, 21 Pinetree Drive, Mechanicsburg, P A 17055. MARTS ON DEARDORFF WILLIAMS & OTTO By " J enhifer L. pears, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: June 21, 2005 Attorneys for Plaintiff F:\F1LESIDATAFlLE\Gener"J.l\C\.I\l:em\\ \ ~ 71 ,SO,noliceofintenl Creared: 9/20104 0:06PM ReviseJ: 61::1105 10:47AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4237 CIVIL ACTION, LAW LENELLE N. ROBERTS, Defendant IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF ~ 3301 (d) DIVORCE DECREE TO: LENELLE N. ROBERTS, Defendant You have been sued in an action for divorce. You have faikd to answer the complaint or file a counter-affidavit to the Plaintiffs 11 3301 (d) affidavit. Therefore, on or after July 12, 2005, the other party can request the Court to enter a final decree in divorce, If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter,affidavit by the above date, the Court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for econornic relief. The filing ofthe form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OF'FICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F'WILES\DA TAFlLE.\General\Currenl\ 11371.50,coullleraflidavil Created: 9120104 0:06PM Revised: 6121/05 I042AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-4237 CIVIL ACTION, LAW LENELLE N. ROBERTS, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 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 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 ifI do not claim them before a divorce is granted. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. _(b) 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. In fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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 of18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: Lenelle N. Roberts, Defendant 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. 0 ...., 0 co C ~::.:':I ,,' c.r> \' '-- ~ c: rl1t':::. :z ...,...,rT~ ('0.' -:;';0 N ',") I , ~--Iq . 'I'~ ~;'t ..,.., (~Z:~) ( - 3: ",.L~ en -- ':? :-1 _"'0' ,- ~".... -. -~ (...) -::0 ..< 0 -< - F;\FlLESIJlATAFILEIGeneraIICurrentlllOI8.23.msa.l Created; 7/30/04 9:12AM Revised: 7/12/05 2:12PM Jennifer L. Spears, Esquire J.D. 87445 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PAl 7013 (717) 243-3341 WILLIAM F. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3016 CNIL TERM DAWN M. SHUGHART, Defendant CNIL ACTION - LAW IN DNORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this /~ day of \ \ Auf" , 2005, by and between WILLIAM F. SHUGHART, of Carlisle, Cumb~land [tounty, Pennsylvania (hereinafter referred to as "Husband") and DAWN M. SHUGHART, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were manied on January 16, 1998, in Pennsylvania; WHEREAS, the parties have three (3) minor children: Madelyn (DOB 1/9/96), Mackenzie (DOB 1/20/00), and Morgan (DOB 3/28/03); WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto 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 in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony 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 either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unrnanied, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on June 10, 2005, claiming that the maniage is irretrievably broken under Section 330l(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the maniage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 330l(c) of the Divorce Code as soon as permitted under the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce 2 Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties ifthey have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution ofthis Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for 3 all pUrposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the Spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory ofthe United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Wife and Galen R. Waltz, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the 4 other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, eamings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and Sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBUGA TIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 1 O. WARRANTY AS TO FUTURE OBUGA TIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the pOssession 5 or under the control of the other. The parties agree, however, to divide all photographs evenly, and each party shall be entitled to access to negatives. The parties will make duplicates of all camcorder tapes which currently exist so that each party has a full set. Any cost involved in the duplication of the videos will be shared equally. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof 12. DIVISION OF REAL PROPERTY: Husband conveys all of his interest in, right and title to the parties' marital residence (which is already solely in Wife's name) at 14 Farm Lane, Carlisle, Cumberland County, Pennsylvania, to Wife. From the date of this Agreement, Wife will remain the sole owner of the property. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Husband conveys to Wife all of his interest in, right and title to the following properties (which is already solely in Wife's name): 69 E. Main St" Newville, Pennsylvania; 1283 Boiling Springs Road, Boiling Springs, Pennsylvania; 51-53 E. Main St., Newville, Pennsylvania; 55-57 W. Big Sprint Ave., Newville, Pennsylvania; and 31 W. Big Sprint Ave., Newville, Pennsylvania. From the date of this Agreement, Wife will remain the sole owner of the properties. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said properties. Wife has sold a property located at 605 Roxbury Road, Newville, Pennsylvania via an installment sales contract. The property is to be sold in March of2006. Upon final sale, Wife shall pay to Husband half the proceeds from the sale of said property. The parties are currently under a sales agreement with Michael Adler to purchase two (2) lots in Clearfield County. Within thirty (30) days of the execution of this Agreement, Husband must execute a new sales agreement to the properties assuming the payments and therefore, Wife waives all rights and interest to same as well as all legal right and interest that Wife has in all money that has been expended by the parties towards the purchase of the two (2) Clearfield County lots, effective Upon Husband's execution of a new sales agreement. From the date of this Agreement, Husband shall be responsible for all taxes, insurance and maintenance on said properties. 6 In consideration of the transfers made herein, Wife agrees to purchase for Husband a home located at 2560 Walnut Bottom Road, Carlisle, Pennsylvania, for $l44,000. Wife agrees to incur mortgage debt to purchase said property. Wife shall be responsible for repayment of the purchase money mortgage debt (herein referred to as the "mortgage"), including principal, interest, and any other costs assessed by the lender. The parties both recognize that the lender of the mortgage may take a security interest in said property. Husband shall not be required to assist Wife in repayment of said mortgage, not will Husband be a Guarantor, Co-Borrower, or liable in any other way on said mortgage. The fee simple deed to said property shall be recorded with the Cumberland County Recorder of deeds on Wife's name alone; however, a fee simple deed to said property in Husband's name shall be executed by the parties subsequent to Wife's purchase of the property, which will be held in trust or escrow for Husband by Husband's attorney, Galen R. Waltz, Esquire, Turo Law Offices, 28 South Pitt Street, Carlisle, P A, until such time as the mortgage has been fully satisfied. The unrecorded deed to the property in Husband's name shall have no validity. When the mortgage has been satisfied, the deed will be deemed delivered by Wife, and Husband may record the deed conveying title of the property to him at his sole cost and expense. Wife agrees that she will take no action which might result in any other lien being placed on said property. Wife further agrees that she will not conveyor attempt to convey said property to any person or entity other than Husband without his express written permission. Wife will timely make all monthly mortgage payments on said property until the primary mortgage is fully satisfied. Husband shall be responsible for all taxes, insurance and maintenance on said property. Wife agrees to allot $l50,000 of her life insurance policy to Husband as beneficiary for the time period that the mortgage remains unsatisfied. Additionally, Wife will provide copies of the term life insurance policy and the policy's beneficiary designation on an annual basis to be received no later than 30 days after receipt of same or the anniversary date this Agreement. Wife also agrees to pay additional alimony as provided in paragraph l8 herein should she default on the mortgage payments. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank 7 accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicles in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Specifically, Wife shall retain the 2002 Jaguar, 2003 Dodge Caravan, and her company- owned 2005 PT Cruiser. Wife shall be solely responsible for all loan payments, insurance and maintenance on said vehicles. Husband shall retain the 1999 Ford F250 and 1987 Chevrolet Blazer. Husband shall be solely responsible for all loan payments, insurance and maintenance on said vehicles. 15. AFTER-ACOVIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2005, but have filed joint retums in the past. Except as otherwise provided herein, 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 indemnitY 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 in 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. There is currently a Federal income tax deficiency for the year 2003 in the approximate amount of $18,000. Wife is paying this liability at the rate of $400.00 or more per 8 -j ~I>J ",'-:1 Io(.)l"j ..,/tl/"'- month and will continue to be responsible for said payments until this liability is satisfied in full. The parties agree that all other taxes are current to the best of their knowledge. Husband and Wife agree that Husband shall claim on a yearly basis the tax benefit for being the primary physical custodian for MacKenzie and Morgan, so long as Husband continues to be their primary physical custodian. Husband and Wife agree that Wife shall claim the yearly tax benefit for being the primary physical custodian of Madelyn as long as Wife remains to the primary physical custodian of Madelyn. In the event primary physical custody is changed or modified, the party having primary physical custody for the majority of the year for each child shall claim the income tax benefit for that child for that calendar year. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. Wife shall pay Husband alimony for three (3) years in the amount of$I,OOO per month on or before the first day of each month, with the first payment being due on or before the first day of the month after this Agreement is executed by both parties. For example, if this Agreement is executed by both parties in July of2005, Wife's alimony payments begin August 1,2005. Alimony shall be tax deductible to Wife and included in Husband's taxable income. Alimony shall terminate d- 4,S',.{ ....I~ 1.. H. .f"llo...; ~J "'....n..\y ...."'rij...9f ('...y".^f~ upon Husband's death orremaniagee""~" ""Yo-(!.. If I.e,,,,;,,. f'i"i~r 1-,..... ~"no'i ""...+1,. nOr- df'-<<,: }",J ,:... -11.0 3..'/ .$"," - t......g~""~ o~ ('",r 0 Wife also agrees to pay allfnony to Husband in the amount of$850 (or whatever the amount of the monthly mortgage payment for the property at 2560 Walnut Bottom Road, Carlisle), Pennsylvania pursuant to Paragraph 12 of this Agreement) to Cover Husband's monthly mortga~ .e."""''''''''''';'',llc 5 l.." \I 4"'-r,.;..,......~(. ..,~~'~\s: ~...~........+ J.., f''')' "'C>h+~ ...,.....tJ":)te cl"'4'.......:/'S ""/Z.~ L "'/13;'" ~ "-\1'1\'-. ,,\\ payments until the mortgage is satisfied on the property at 2560 Walnut Bottom Road, Carlisle, Pennsylvania, if, and only if, Wife defaults on the first mortgage payments on that property as specified further in Paragraph 12 herein. In the event of Wife's insolvency or bankruptcy, Wife shall be a debtor and Husband shall be a creditor with regard to the terms herein. The amount of Wife's debt to be determined for pUrposes of a bankruptcy action would be the amount owed to pay the mortgage in full. 19. PENSIONS 1 RETIREMENTI INVESTMENT ACCOUNTS: Each party will retain any retirement accounts in their name. 20. BUSINESSES: The parties acknowledge that Wife is the owner of a 100% interest in Dawn Shughart Realty, LLC, d/bla Dawn & Associates Realty, Morningstar Mortgage, LLC, and New Beginnings, LLC , which shall become the sole and exclusive property of Wife. Husband hereby relinquishes any claim of right, title or interest with respect to these business interests or any other business interest of Wife's, except as herein provided, which the Wife now owns or hereinafter acquires. Husband further relinquishes any right, title or interest in any profit, license, patent or trademark held or produced by Wife and/or by any business interest currently owned or hereinafter acquired by Wife. 21. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Husband covenants at all times to keep Wife free, harmless and indemnified of and from any and all debts, charges or liabilities heretofore contracted or incurred by him individually or jointly with Wife for which Husband and Wife are, or may become liable. This indemnity shall also include, inter alia, any liability that Wife may have incurred as a co-borrower or guarantor of payment in conjunction with any business or personal endeavor of Husband. This indemnity shall also include reasonable attorneys' fees that may be incurred by Wife in the defense of any action or proceeding brought by any party, in reference to this paragraph. Wife covenants at all times to keep Husband free, harmless and indemnified of and from any and all debts, charges or liabilities heretofore contracted or incurred by her individually or jointly 10 with Husband for which Wife and Husband are, or may become liable. This indemnity shall also include, inter alia, any liability that Husband may have incurred as a co-borrower or guarantor of payment in conjunction with any business or personal endeavor of Wife. This indemnity shall also include reasonable attorneys' fees that may be incurred by Husband in the defense of any action or proceeding brought by any party, in reference to this paragraph. Wife specifically agrees to indemnify and hold Husband harmless for the following debts: any debts solely in her name, any debts associated with her businesses, any debts associated with properties she will be retaining pursuant to paragraph 12 of this Agreement, and the loan for the Jaguar with Cornerstone Financial. Husband specifically agrees to indemnify and hold Wife harmless for the following debts: any debts solely in his name, any debts associated with his business which was sold in 2005, any debts associated with properties he will be retaining pursuant to paragraph 12 ofthis Agreement, and the loan for the Ford F250 with Members 1" Federal Credit Union. 22. HEALTH INSURANCE: Wife agrees to maintain Husband's health insurance coverage until he obtains full time employment or until April 2006, whichever occurs first. Thereafter, each party will be responsible for their own insurance. Each party is responsible for their own uninsured medical expenses. Husband shall cover the parties' three (3) children on his health insurance when he obtains employment. 23. CHILD SUPPORT: Wife agrees to pay child support to Husband in the amount of $1,000 monthly so long as Husband has primary custody of at least two (2) ofthe parties' three (3) children pursuant to a Stipulation for an Agreed Order of Custody executed by the parties simultaneously with the execution ofthis Agreement, and subsequently executed by the Court. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other II remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request ofthe other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understandingofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. 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 this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 12 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties further acknowledge that they have been advised of their right to compel discovery and inspection ofthe other's books and records, business and personal, and oftheir right to have accountants, appraisers or others investigate, appraise or evaluate the other's business and property interests. Each party has expressed the conviction that he or she knows the nature, extent and value of the other party's property and business interests. The parties acknowledge their understanding of their discovery rights and they have knowingly not taken any further steps, and waive the right to take such steps, themselves or through others, in connection with discovery, inspection, investigation, appraisal or evaluation of the other's business or property interests. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective onlyifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 13 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and "g;;;:7/TwiJJAhcJ W ESS ,Jlr{))LJ WI S /J~~~ WILLIAM F. SHUG T ~~S~ (SEAL) (SEAL) COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND : SS On this, J3fi, day of ~.~ ,2005 before me a Notary Public, personally appeared WILLIAM F. SHUGHART, n to me to be the person whose name is subscribed to the within Maniage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \ .~ MMONWEALTH OF PENNSYLVANIA NotarIal Seal James M. Rollnoo. Notary Public Clu11eIe Boto. Cumberland County "" ConTnIssIcn ExpI"", June 6, 2IlO9 Member I Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND On this, the 11.- day of .;jil lh ' 2005 before me, a Notary Public, personally appeared DAWN M. SHUGHAR know to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. : SS IN WITNESS WHEREOF, I hereunto set my hand <id official seal. J--k", /'&Yt No Public 14 NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 2006 o c ..;~ /i .-< .-> = c-:;::) <J1 L_ C: r- o -n -< ::L::n p1 ,.'~ -r, iTl ;~-)c.? --?,(-) .'-"To, (~?~ /.ji'.l \ ;?.; :< ~ ,::.>> -'~. C) c.') c.,,-~', F:\FlLES\DAT AFILE\General\CurreTItl]] 371 .50pral Created 9/20104 0:06PM Revised: 7/13/05 3:17PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-4237 CNIL ACTION - LAW LENELLE N. ROBERTS, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD (3301d) TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. I. Ground for divorce: irretrievable breakdown under Section 3301(d) ofthe Divorce 2. Date and manner of service of the complaint: Certified mail, restricted delivery, retum receipt, on September 8, 2003, with a separation date of May 15,2003. 3. (I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: May 27,2005. (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Mailed on May 27,2005, and Certificate of Service filed on May 31,2005. 4. Related claims pending: No claims were raised. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached hereto: June 2 I, 2005, via regular mail, Certificate of Service filed. MARTSON DEARDORFF WILLIAMS & OTTO Date: July 13, 2005 By J ennifl r L. Spears, Esquire J.D. o. 87445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ~ ~ (Q) ~ FIFILES\DA T AF1LE\Gcllcral\CUITem\ II 37 J .50,cel1l Created. 9/20/040'06PM Revised, 6/21/05 104~AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A l7013 (717) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff IN THE COURT OF COMMON PLE~ Org Y, CUMBERLAND COUNTY, PENNSnv AWA. :r!-r" l"~_. j.- :..-". rll r~~ N (.:::' N v. LENELLE N. ROBERTS, Defendant NO. 03-4237 CNIL ACTION - LAW -,~- -l C") I-n ('".': ~/ C) IN DNORCE ...,.., :J.:: l',) CERTIFICATE OF SERVICE ~.iJ -< c,.) C:, I, Jennifer L. Spears, Esquire, attorney for Plaintiff, hereby certitY that a copy of the attached Notice of Intention to Request Entry of ~3301(d) Divorce Decree and Counter Affidavit Under Section 330] (d) of the Divorce Code was mailed June 21, 2005, by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Lenelle N. Roberts, 2] Pinetree Drive, Mechanicsburg, PA 17055. Date: June 2 I, 2005 MARTS ON DEARDORFF WILLIAMS & OTTO BY~ Jennifj L. pears, Esquire ] 0 East High Street Carlisle, PA 17013 (717) 243-334] Attorneys for Plaintiff F.'FllES\!)....TAFlLElGeller,II\CLUTefl(.11.171.50tl<.lliLc'l1IillleJll Crl"~led: 'Ji~O/()~ (ic()(,PM Rn-i,ed: f./21/()5 1():~7AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LENELLE N. ROBERTS, Defendant NO. 03-4237 CNIL ACTION - LAW NOTICE OF INTENTION TO RE UEST ENTRY OF IN DNORCE TO: LENELLE N. ROBERTS, Defendant d DIVORCE DECREE You have been sued in an action for divorce. You have failed to anSWer the complaint or file a counter-affidavit to the Plaintiffs 9 3301 (d) affidavit. Therefore, on or after July 12, 2005, the other party Can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an anSWer with your signature notarized or verified or a counter-affidavit by the above date, the CoUrt can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief The filing of the form counter-affidavit alone does not protect your economic claims. You SHOULD TAKE THIS PAPER TO YOUR LAwYER AT ONCE. IF YOU DO NOT HAVE A LAwYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAwYER. IF YOU CANNOT AFFORD TO HIRE A LAwYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F'\FlLES\I.lA rAFII.r".G~[]nal\CLILr~IH\1 1371 51:! lC"lHHt"-'Ii'lid,I\';1 Cr~meJ, <)/~()!04 0:00PM Revised: 6/21105 IO~2AI\-I Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (7l7) 243-3341 Attorneys for Plaintiff GARLAND S. ROBERTS, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LENELLE N. ROBERTS, Defendant NO. 03-4237 CNIL ACTION - LAW COUNTER-AFFIDAVIT UNDER SECTION 3301 d OF THE DIVORCE CODE IN DNORCE 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 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. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. _(h) 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. In fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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 of18 Pa.c.s. 94904 relating to unsworn falsification to authorities. Date: 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. Lenelle N. Roberts, Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Lenelle N. Roberts 21 Pinetree Drive Mechanicsburg, P A 17055 MARTS ON DEARDORFF WILLIAMS & OTTO .s;-<\lfi~ f) 6~~ ~: D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 13, 2005 o c: ,....> c..~ = cJ" <- c:: r-. - ;::' ~ -"~ 90 -l :r:... pip ~,lsr\ -'J~c \.?\~> -'r" _," .,~) --~-,! \:;, CO) .,;~:\;.n ?;) '.-< C!? c.) W . . . . :+::+::+::+::+:<f. ;t;;fi :+::+: :+::+: :+::+::+: ;t;;f.;f.;t;;t; :f.;f. ;t;T.T.:+:;t;T.++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . . .. OFCUMBERLANDCOUNTY STATE OF PEN NA. C.ART,ANTI S R()'R'J:;'R'1'~~ TR . No. . . VERSUS . LENELLE N. ROBERTS . . . . . . . . . . . . . AND NOW, DECREED THAT . . AND . DECREE IN DIVORCE ':)~~ GARLAND S. ROBERTS. JR. LRNRT ,U: N RORRR'l'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+: Of +. Of Of. + 'f + 'lo::+:+ 03-4237 r- 4/:..w ) , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . . . . . YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . None. . . 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