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HomeMy WebLinkAbout03-4852 MICHELLE R. ULZHEIMER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 03- LiYQ DONALD C. ULZHEIMER, II., Defendant. CIVIL ACTION - LAW IN DIVORCE/CHILD CUSTODY 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 claims of 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 at the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. 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, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any Hearing or business before the court. MICHELLE R. ULZHEIMER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 0'3-~5;;l. DONALD C. ULZHEIMER, II., Defendant. CIVIL ACTION - LAW IN : DIVORCE/CHILD CUSTODY COMPLAINT COUNT I - DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE AND NOW, to wit this 15th day of September, 2003, comes Michelle R. Ulzheimer, Plaintiff, by and through her attorney, Edward J. Mimnagh, Esquire, and files this Complaint in Divorce on the grounds hereinafter more fully set forth: 1. Plaintiff is Michelle R. Ulzheimer, an adult individual who currently resides at 127 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Donald C. Ulzheimer, II, an adult individual who currently resides at 149 South York Road, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint and are citizens ofthe United States of America. 4. Plaintiff and Defendant were married on, September 8, 2001, in Mechanicsburg, Cumberland County Pennsylvania. Attached hereto is a true and correct copy of Marriage Certificate marked as Exhibit "A". 5. There have been no prior actions of divorce or annulment between the parties hereto, in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 7. The Plaintiff avers that her marriage to Defendant is irretrievably broken. 8. Plaintiff avers that she has been advised of availability of counseling and she is aware of her rights to request that the parties participate in counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II - PRIMARY PHYSICAL CUSTODY UNDER && 3104 (a) (2) AND 3323 (b) OF THE DIVORCE CODE. 9. The prior paragraphs one -(1) through eight -(8) of this Complaint are incorporated herein by reference thereto. 10. The parties are the natural parents of the following child who resides with Plaintiff: NAME AGE SEX DATE OF BIRTH Donald C. Ulzheimer 17 months Male March 18, 2002 11. During the past five -(5) years, the child has resided with the parties and at the addressed herein indicated: FROM 03/18/02 TO 09/15/03 WITH WHOM Plaintiff & Defendant ADDRESSES 149 South York Road Dillsburg, Pa 17019 Present Plaintiff 127 West Main Street Shiremanstown, Pa 17011 12. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 13. There are no other proceedings pending involving custody of the children in this or any other state. 14. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the children will be served by granting primary physical custody to the Plaintiff and liberal visitation to the Defendant because: A. Plaintiff has been the primary caretaker of the child since his birth; B. Defendant is physically and verbally abusive to Plaintiff in the presence of the child; C. Defendant has threatened to permanently take the child from Plaintiff; D. Notwithstanding the above, Plaintiff recognizes that the best interests of the child require that open and meaningful access be maintained with the Defendant and that the children have a relationship with Defendant; E. Plaintiff recognizes that by encouraging Defendant to remain involved in the lives of the child it will enable the child to share with each parent the intimate contact necessary to strengthen a true parent-child relationship. F. Plaintiff desires to confirm that she has been the primary physical custodian of the child, and desires to establish a custodial schedule for the Defendant to see the child. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant primary physical custody of the children to the Plaintiff. Respectfully submitted, THE LAW OFFICES OF EDWARDJ.MIMNAGH Date: i f/~/D3 By: Edward J. Mimna Attorney for Plaintiff Supreme Court J.D. # 87860 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 VERIFICATION I, Michelle R. Ulzheimer, verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: qll,)~P, l J-lf/~ h 0 0 k '-11. JJ-l1.ho ~ Michell~ l. Ulzheimer, PlaiJiff @ :~ I :'.j (.) -" ~ ~ ." .." '_I '" , <) - ,.~ c. ~ --:J .,.. ....\.. -4 ""'- &; % , (f;2& '- "" ,., .~- ~~ <i. ~ "<s ~ ., " yo ~ ~ ~ "'" ~ " '-.. "--.. ~ ~ ,.~, ~. :r "'-~ '."" Z .~ MICHELLE R. ULZHEIMER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'IY, PENNSYLVANIA v. 03-4852 CIVIL ACTION LAW DONALD C. ULZHEIMER, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 17,2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, October 20, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR THE COURT. By: Isl Melissa P. GTee~)y. Esq. Custody Conciliator l/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE.TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7] 7) 249-3 L66 '1tf3Cl or- ~~ -n~0' wU Of )'J'~r~ Ado;) . ~ - eO/d116 V\~~41\lt~S~<N?~?,. ,,' '-1'.0.._.,1("\..... .\J!~\ll~,r':'- ,', ,",: ,~, "~'-"!: 1\..1 1",<< :-.! .nl 'I i ,u, ,', I ;3- ;';'1 n t.l.;) -,..' N::.\ii. -' ..L dO MICHELLE R. ULZHEIMER, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 03-4852 DONALD C. ULZHEIMER, II., Defendant. CIVIL ACTION - LAW IN DIVORCE/CHILD CUSTODY PRAECIPE TO WITHDRAW CUSTODY COUNT 1. Plaintiff is, Michelle R. Ulzheimer, an adult individual who resides at 127 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Donald C. Ulzheimer, II, an adult individual who currently resides at 149 South York Road, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff filed a Complaint in Divorce with a Custody Count on September 15, 2003 with the Cumberland County Court. 4. A Custody Conciliation Conference, in Cumberland County, is scheduled before Melissa Greevy, Esquire on October 20,2003. 5. Defendant filed a Complaint for Custody with the York County Prothonotary, Docket Number 2003-SU-04430-03, on September 19, 2003. (Attached hereto marked as Exhibit "A" is a true and correct copy of the Complaint for Custody.) 6. A Custody Conciliation Conference, in York County, is scheduled before Dorothy Livaditis, Esquire on October 30, 2003 at 10:00 a.m. 7. Melissa Greevy, Esquire has been notified of our intention to withdraw the custody count by correspondence dated October 13, 2003. (Attached hereto marked as Exhibit "B" is a true and correct copy ofthe correspondence.) WHEREFORE, Plaintiff respectfully requests that this Honorable Court withdraw the Custody Count. Respectfully submitted, THE LAW OFFICES OF EDWARD J. MIMNAGH By: I Date: /D /5/ D"3 / I >----. Edward J. Mimnagh, E Attorney for Plaintiff Supreme Court LD. # 87860 203 West Caracas Avenue, Suite 201 Hershey, Pmmsylvania 17033-5109 Telephone; (717) 534-2600 Fax: (717) 534-1344 Exhibit A I..... '-'cM~'_',lI~.~....< "-we ~'-'-' -'-',:'~",,,,,'_"''''.y..~,, '""';'...,":.W"....C: . .," _".~ -'~" -""'-"'-'-':''''''''~' .V . . "T~ W~~ G~o;-. . ~- :c)iJ'j;i" AITOliNEYSATLAW ,." . One South Baltimore Street , \. . DiIlsb~i,1'A17019 . c..,;'" .- ;';"" .. :,\;,.:;~' ,:)-'.i ,. ">:,:~.-. ":".': .::-..'.....'..~.,~-<"'.../i. IN THE to. YORK COUNTY, PENNSYLVANIA .,.;""...., ;'.....'i: DONALD ULZHEIMER, Plaintiff * * * * * No.,~(C3-Sl~t5yY30-tJ3 vs. MICHELLE ULZHEIMER, Defendant * CIVIL ACTION - lAW IN DIVORCE * ,.., = = ...., , (/) C r<1 -<(- -0 o. _ You, Michelle Ulzheimer, Defendant, have been sued in the c~i'toV,) obtain custody of the child, Donny Ulzheimer, Jr. ~" 2; ( r'. -;; ORDER OF COURT AND DIRECTIVE ~ry " ., ~ " <: ;-"1 ~::t It is hereby Ordered and Directed: ~ ... 1. iJ/.! ny LiVI(lit;f, Esquire is hereby assigned to conduct a Loncillatlon Conference, _. ., ~ >:J --<. 2. A Conciliation Con~reJ1ce will be held before !he assig~ed Conciliator on the Iff day of I mb&-L , 2003, at //:l1J, Lt..m., in - . Hie Conference Room, Basement, Government Center" Corner of Market and Beaver Streets, York, Pennsylvania. The anticipated length of the Conciliation Conference is one hour. 3, The parties shall appear in person at the Conciliation Conference and shall bring with them all CHILDREN AGE SEVEN (7) OR OLDER. 4. At the Conciliation Conference, an effort will be made to see if the custody and/or visitation situation can be resolved by an agreement between the parties; or if an agreement cannot be reached, to define and narrow the issues and to otherwise reduce the time required for he?ring by the Court, then the Conciliator will prepare a Conference Summary Report for further action by the Court pending a hearing to be scheduled at a later date, without prejudice to the rights of the parties at such hearing, which all parties and the children shall be ordered to attend. 5. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If for some reason an attorney has not belen secured by the time of the Conciliation Conference, you shall personally iJppear at the time scheduled for the Conciliation Conference without an attorney. 6. if Children's Services is conducting an investigation, their representative shall be subpoenaed by the appropriate attorney to attend the COllciliation Conferellce. It shall be the responsibility of the attorney subpoenaing tho representative to obtain a Court Order to releases from the parties prior to the release of information by the representative. . 7. If you fail to appear as provided by this Order or to bring the 'I children, an Order for custody, partial custody or visitation may be entered against you, or the Court may issue a warrant for your arrest. I 8. The parties and their counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOFtD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FII\ID OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telephone No. (717) 854-8755 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. MidPenn Legal ServiCl!s 256 East Market StreM York, PA 17403 1-800-299-6599 AMERICANS WITH DISABILITIES ACT OF 1990 THE COURT OF COMMON PLEAS OF YORK COUNTY IS REQUIRED BY LAW TO COMPLY WITH THE AMERICAN WITH DISABILITIES ACT OF 1990. FOR INFORMATION ABOUT ACCESSIBLE FACILITIES AND REASONABLE ACCOMMODATIONS AVAILABLE TO DISABLED INDIVIDUALS HAVING BUSINESS BEFORE THE COURT, PLEASE CONTACT THE COUNTY AT (717) 771-9099. FOR THOSE WITH A HEARING IMPAIRMENT, PLEASE CONTACT THE DEAF CENTER AT (717) 848-2585 EXT 329 OR EXT 342 TOO. ALL ARRANGEMENTS MUST BE MADE AT LEAST 72 HOURS PRIOR TO ANY HEARING OR BUSINESS BEFORE THE COUFlT. YOU MUST ATTEND THE SCHEDULED CONFERENCE OR HEARING. C\_~E RT' I.f J. ROBERT CHUK DISTRICt'COURT ADMINISTRATOR BY THE COURT: c..:); b ttC~; DONALD ULZHEIMER, * IN THE COURT OF COMMON PLEAS Plaintiff, * YORK COUNTY, PENNSYLVANIA * vs. * NO. * MICHELLE ULZHEIMER, * CIVIL ACTION - LAW Defendant. * CUSTODY COMPLAINT FOR CUSTOldY. AND NOW, Plaintiff, Donald Ulzheimer, by and through his attorney, Stephanie L. Mihalko, Esquire, files a Complaint For Custody against Defendant, Michelle Ulzheimer, and in support thereof, avers the following: 1. Plaintiff is Donald Ulzheimer, Father, who currently resides at 149 South York Road, Dillsburg, Pennsylvania 17019. 2. Defendant is Michelle Ulzheimer, Mother, who currently resides at 127 West Main Street, Shiremanstown, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child: NAME Present Add ress AGE Donald Ulzheimer, Jr. 127 West Main Street, Shiremanstown, PA 17011 1 Y. years 4. The child was not born out of wedlock. 5. The child, Donald Ulzheimer, Jr. is presently in the custody of Mother, Michelle Ulzheimer, who currently resides at 127 West Main Street, Shiremanstown, Pennsylvania 17011. 1-. 6. Since birth, the child, Donald Ulzheimer, Jr., has resided with the following persons at the following addresses: Persons Donald Ulzheimer Michelle Ulzheimer Address 149 South York Rd. Dillsburg, PA 17019 Qa1e 3/18/02-9/15/03 Michelle Ulzheimer 127 West Main Street 9/15/0:3-present Shiremanstown, PA 17011 resides at 127 West Main Street, Shiremanstown, PA 17011. 7. The Mother of the child is Michelle Ulzheimer, who currently resides at 149 South York Road, Dillsburg, PA 17019.. 8. The Father of the child is Donald Uizheimer, who currently 9. The parties are married. 10. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following person: Person Relationship N/A Defendant currently resides with the following Persons: 11. The relationship of Defendant to the child is that of Mother. Person Relationship Mr. and Mrs. Gary Peck Defendant's parents witness, or in another capacity, in other litigation concerning the custody of the 12. Plaintiff and Defendant have not participated as a party or child in this or another court. "" 13. Plaintiff and Defendant haVe no information of a custody proceeding concerning the child pending in a court of this Commonwealth. I , I 14. Plaintiff and Defendant do not know of a person not a party to I the proceedings who has physical custody of the child or claims to have custody I or visitation rights with respect to the child. 15. The best interests and permanent welfare of the child, Donald Ulzheimer, Jr., will be served by granting the relief requested, in1er alia, because the Plaintiff has been one of the child's primary caretakers. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. Name Address Basis of Claim NONE WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order granting him shared legal custody and primary physical custody, with Defendant to have liberal partial physical custody. Date: q / Ii- IIJJ , I Respectfully Submitted, B~~",L.Ih~ Stephanie L. Mihalko, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. The Wiley Group 1 South Baltimore Street Dillsburg, PA 170'19 (717) 432-9666 Exhibit B 1'ELEPOONE: 717 .534 .2600 !HE LAWOFFtCES OF EDWARD J. MIMNAGH 203 WEsrCARACAS AVENUE SUTE 201 HERSHEY. PENNSYLVANIA. 17033-1509 FAX: 717.534.1344 Oclober 13, 2003 VIA FACSIMILE (717) 761-3015 Melissa Greevy, Esquire Johnson Duffie Slewart & Weidner 301 Markel Streel Lemoyne, Pennsylvania Re: Ulzheimer v. Ulzheimer: Civil Action - Law Custody 03-4866 Dear Attorney Greevy: I trust this letter finds you welL The aim of this letter is 10 respeclfully advise you thai the above referenced mailer will be withdrawn by our office and as a result neither party will appear before you for the conciliation conference scheduled for October 20, 2003. This matter has been filed with the York County Court of Common Pleas and the parties scheduled to appear for conciliation before Dorothy Livaditis, Esquire. As per the above please find enclosed correspondence from the opposing party's present counsel Mr. John W. Purcell,Jr. On behalf of my client I would like to thank you and Kristee for your patience in this mailer. If you need to speak to me please do not hesitate to contact me directly. ~~r cOPY Gel 1 3 2003 EJM/jet Enclosures cc: Michelle Ulzheimer (w/enc.) John W. Purcell, Jr. Esquire EDWARD j. MIMNAGH, MPA/jD 0 jODEAN E. TROSTLE, PARALEGAL. BRANCH OFFICE 300 NORTH HANOVER STREET. HERSHEY 0 PENNSYLVANIA 017033. TELEPHONE. 717.566 "1201 FAX. 717 0566.8058. E-MAIL: mimnagh lawtmveri7.on nf't MICHELLE R. ULZHEIMER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4852 DONALD C. ULZHEIMER, II., Defendant. CIVIL ACTION- LAW IN : DIVORCE/CHILD CUSTODY CERTIFICATE OF SERVICE~ I, Jodean E. Trostle, Paralegal for The Law Offices of Edward J. Mimnagh, do hereby certify that on this 15th day of October, 2003, I served a true and correct copy of the attached Praecipe to Withdraw Custody Count, by United States Mail, First Class, postage prepaid upon the and counsel below: John W. Purcell, Jr. Purcell, Krug & Haller 1719 North Front Street Harrisburg, Pennsylvania 17102 Melissa Greevy, Esquire Johnson Duffie Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17011 Date: IJr-/15;)co3 I k;5Li Jodean E. Trostle, Paralegal Cl (- .'-" \,:-. S~(" 6'1 f'~l /' ..;:- z~ ~.(.- ';-"( C':I (....J 'J :") -1 ~ -< .T' :}: N ...'" .t='" .~! j:J -< MICHELLE R. ULZHIEIMER, oe7 2 4. 2003 ~. ! Plaintiff IN THE COURT OF COMMON PLEAS oIF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4852 CIVIL TERM i V. ! DONALD C. ULZHEI~ER, II, qefendant CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOIllt, th s 21st day of October, 2003, counsel for the Plaintiff having filed Praecipe to Withdra Custody Count on October 17, 2003 in this action, the Conciliato hereby relinquishes ju isdiction of the above captioned matter. ~ elis Peel Greevy, Esquire Custody Conciliator :217710 g 8 ~! ~ ~6 -" ~ C'c-~ ::ll: 5c: r:-:> ~ c:- 9, :.-;:1 211_! MICHELLE R. ULZHEIMER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA (i}. 4'iS 2.. v. : NO. 'J.lU'~ fbJ 1I1111.l.l1 W DONALD C. ULZHEIMER, II., Defendant. : CIVIL ACTION - LAW IN : DIVORCE/CHILD CUSTODY PRAECIPE TO ENTER APPEARANCE To: Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Marsha 1. Kaye, Esquire, the undersigned, of The Law Offices of Edward J. Mimnagh, as counsel of record for Plaintiff, Michelle R. U1zheimer. Respectfully submitted, THE LAW OFFICES OF EDWARD J. MIMNAGH Date: , / d ? 104 By: --/71r>/Ifl J/IL:L ,,f ~/L- Marsha 1. Kaye, Esquire Attorney for Defendant Attorney I.D. # 83026 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 '_. ~ .~ ~ \0 &; IfJ.!. ' ~ c; ~ Co;) -< ~ 7>. ~ ~, ... ~~ " "'- . ' . . PROPERTY SETTLEMENT AGREEMENT BETWEEN MICHELLE R. ULZHEIMER AND DONALD C. ULZHEIMER, II Counsel for Donald C. Ulzheimer, II Counsel for Michelle R. Ulzhei er: John W. Purcell, Jr., Esquire 1719 North Front Street Harrisburg, PA 17102 Telephone No. (717) 234-4178 Fax No. (717) 233-1149 Edward J. Mimnagh, Esquire 203 West Caracas Avenue Hershey, PA 17033 Telephone No.: (717) 534-260 Fax No,: (717) 534-1344 E;\ULZl-IEIMER, MICHELLE R\PSA\PSA - VERSION 3.DOC Octooe 25, 2004 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this.),f day of Vc1",(.,<<-- ,2004, Y and between MICHELLE R. ULZHEIMER, of 127 West Main Street, Shiremanstown, Cum land County, Pennsylvania (hereinafter referred to as "WIFE") and DONALD C. ULZHEIMER, II., of 149 South York Road, DilIsburg, York County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on September 8, 2001, in Mechanicsburg, Cumb land County, Pennsylvania; and WHEREAS, one children has been born of this marriage, namely, Donald C. Ulzheim ,III, March 18,2002; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen betwee the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the pies 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 0 all matters between them relating to the ownership and equitable distribution of real and pers nal property; settling of all matters between them relating to the past, present and future support, alim ny E:\ULZHEIMER, MICHELLE R\rSA\PSA - VERSION 3.DOC Octobe 25, 2004 and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the ettling of any and aU claims and possible claims by one against the other or against their respective states. NOW, THEREFORE, in consideration of the premises and of the mutual pr covenants and undertakings hereinafter set forth and for other good and valuable conside ation, receipt of which is hereby acknowledged by each ofthe parties hereto, HUSBAND and WIF intending to be legally bound hereby covenant and agree as foUows: I. SEPARATION: HUSBAND and WIFE shaU at aU times hereafter have the ri live separate and apart from each other and to reside from time to time at such place or places shall respectively deem fit, free from any control, restraint or interference whatsoever by the ther. Neither party shaU molest the other or endeavor to compel the other to cohabit or dwell with h m or her by any legal or other proceedings. The foregoing provisions shaU not be taken to e an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the c uses leading to their living apart. 2. INTERFERENCE: Each party shaU be free from interference, authority, and co tact by the other, as fuUy as ifhe or she were single and unmarried, except as may be necessary to rry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeav r to molest the other, nor compel the other to cohabit with the other, nor in any way harass or mali the other, nor in any way interfere with the peaceful existence, separate and apart from the other, nd -2- E;\ULZHE1MER, MICHELLE R\PSA\PSA - VERSION 3.DOC Octobe 25, 2004 each of the parties hereto completely understands and agrees that neither shall do or sayan ing to the child of the parties at anytime which might in any way influence the children adversely gainst the other party, it being the intention of both parties to minimize the effect of any such sep ration upon the child. 3. AGREEMENT NOT A BAR TO DNORCE PROCEEDINGS: ThisAgreem tshall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful gro ds as such grounds now exist or shall hereafter exist or to such defense as may be available to either This Agreement is not intended to condone and shall not be deemed to be a condonation on part of either party hereto of any act or acts on the part of the other party which have occasion d the disputes or unhappy differences which have occurred prior to or which may occur subsequent 0 the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has fi ed a Complaint in Divorce in Cumberland County to Docket No. 03-4852, claiming that the marri e is irretrievably broken under Section 3301 (c) of the Pennsylvania Divorce Code. Both parties h express their agreement that the marriage is irretrievably broken and express their intent to exe ute any and all Affidavits or other documents necessary for the parties to obtain an absolute div rce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreem nt. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. tis further specifically understood and agreed by the parties that the provisions of this Agreement a to -3- E:\ULZHEIMEF, MICHELLE R\PSA\PSA - VERSION 3.DOC Octobe 25, 2004 equitable distribution of property of the parties are accepted by each party as a final settlemen for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a ecree, judgment or order of divorce be obtained by either of the parties in this or any other state, cou tryor 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 n any such decree, judgment, order or further modification or revision thereof shall alter, amend vary any tenn 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 fi rever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenante and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any d cree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have een or may be instituted by the parties for the purpose of enforcing the contractual obligations the parties. This Agreement shall not be merged in any such decree but shall in all respects surviv the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "da of execution" or "execution date," defined as the date upon which it is executed by the parties if ey have each executed this Agreement at 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 ast -4- E;\ULZHE!MER, M1CHELLE R\PSA\PSA - VERSION 3.DOC Octobe 25, 2004 executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents p vided for herein, shall only take place on the "distribution date", which shall be defined as the ate of execution of this Agreement unless otherwise specified herein. However, the support and/or a . mony payments, if any, provided for in this Agreement shall take effect as set forth in this Agree ent. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually r mise, release, quit-claim and forever discharge the other and the estate of such other, for all time to ome, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim III or against the property, including income and gain from property hereafter accruing, of the ot er or against the estate of such other, of whatever nature and wheresoever situated, which he or sh now has or at any time hereafter may have against the other, the estate of such other or any part th reof, whether arising out of any former acts, contracts, engagements or liabilities of such other or b way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's ri family exemption or similar allowance, or under the intestate laws, or the right to take again spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising u der the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, 0 (e) any country or any rights which either party may have or at any time hereafter shall have for st, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, divisio of -5- E:\ULZHEIMER, MICHELLE R\PSA\PSA - VlRSION 3.DOC Octobe 25, 2004 property, costs or expenses, whether arising as a result of the marital relationship or oth Ise, except, all rights and agreements and obligations of whatsoever nature arising or which m under this Agreement or for the breach of any provisions thereof. It is the intention of HUS AND and WIFE to give each other by the execution ofthis Agreement a full, complete and general elease with respect to any and all property of any kind or nature, real, personal or mixed, which th other now owns or may hereafter acquire, except and only except all rights and agreements and obli tions of whatsoever nature arising or which may arise under this Agreement or for the breach f any provision thereof. It is further agreed that this Agreement shall be and constitute a full an final resolution of any and all claims which each of the parties may have against the other for equ table division of property, alimony, counsel fees and expenses, alimony pendente lite or any other c aims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect been fully explained to the parties by their respective counsel; Edward J. Mimnagh, Esquire, co for WIFE, and John W. Purcell, Jf., Esquire, counsel for HUSBAND. HUSBAND and acknowledge that this Agreement is not the result of any duress or undue influence and that it i not the result of any collusion or improper or illegal agreement or agreements. The parties fu her acknowledge that they have each made to the other a full accounting of their respective assets, es ate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise s a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreem nt, -6- E.;\ULZHElMER, MICHELLE R\PSA\PSA - VERSION 3.DOC Octob 25, 2004 9. ADVICE OF COUNSEL; The provisions of this Agreement and its legal effi thave been fully explained to the parties by their respective counsel; Edward J. Mimnagh, Esquire, ounsel for WIFE, and John W. Purcell, JI., Esquire, counsel for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that i is not the result of any collusion or improper or illegal agreement or agreements. The parties rther acknowledge that they have each made to the other a full accounting of their respective assets, liabilities, and sources of income and that they waive any specific enumeration thereof r the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, rai e as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agre ent, with the exception of disclosure that may have been fraudulently withheld. 10. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against and grees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any ature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, exc t as provided herein. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole lia ility and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofo e or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. HUSBAND shall not and will not hereafter incur or cause to be incurred fo the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any n ure -7- . . E;\ULZHEIMER, MICHELLE R\PSA\PSA - VERSION 3.DOC Octobe 25, 2004 whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the be efit of herself, except as provided for herein, any debts, obligations or liabilities of any nature what oever, whether for necessaries or otherwise, upon the credit of HUSBAND. II. PERSONAL PROPERTY; The parties have divided between them, to their utual satisfaction, the personal effects, household furniture and furnishings, and all other arti les of personal property which have heretofore been used by them in common, and neither party wil make any claim to any such items which are now in the possession or under the control of the ther. Should it become necessary, the parties each agree to sign any titles or documents necessary t giVe effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounc and forever abandons whatever claims he or she may have with respect to any personal property w . ch is in the possession of the other, and which shall become the sole and separate property of the ther from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: WIFE agrees to transfer all her right, titl and interest in and to the real estate situated at 149 South York Road, Dillsburg, York Co nty, Pennsylvania, now titled in the name of HUSBAND, to HUSBAND and agrees to immedi tely execute now and in the future any and all quit-claim deeds, documents or papers necessary to e fect such transfer oftitle upon request. WIFE further acknowledges that she has no claim, right, int rest -8- E:\ULZHEIHER, HI CHELLE R\PSA\PSA - VERSION 3.DOC QctQb 20" 2[)04 or title whatsoever in said property and further agrees never to assert any claim to said prop in the future. WIFE agrees to execute a quit-claim deed conveying her interest to HUSBAN ,upon request. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each ossess certain bank accounts and the like in their respective names. They hereby agree that eac shall become sole owner of their respective accounts and they each hereby waive any interest in, 0 claim to, any funds held by the other in such accounts. 14. WIFE'S RETIREMENT ACCOUNT; HUSBAND agrees that any monies hich WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift lans, annuities and/or retirement benefits through her present or past employers shall remain her so e and exclusive property. HUSBAND hereby covenants and agrees that he will execute any s usal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity ct of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This para aph is intended to substitute for any other statement, prepared form, or document which mi t be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIF receive said benefits as if she were never married. HUSBAND hereby consents to WIFE's ele tion to waive a qualified joint survivor annuity form of benefit and a qualified pre-retirement su ivor annuity form of benefit. HUSBAND further consents to WIFE's current and future designati n of any alternative form of benefit and of beneficiaries other than HUSBAND under said plan and t -9- E;\ULZHEIMER, MICHE,LLE, R\?SA\PSA - VERSION 3.DOC octob 25, 2004 revocation and/or modification of such designation(s). HUSBAND hereby further agrees to xecute any and alI documents or forms which shalI be required, at any time, and from time to time, y said plan, including but not limited to, any consents required to effect the payment of benefits in this manner. HUSBAND hereby acknowledges that he understands the effect of WIFE's election consents thereto. HUSBAND further acknowledges that he understands that, absent the nsent contained in this paragraph, he would have the right to limit his consent to the designation b of a specific beneficiary or a specific form of benefits, and HUSBAND hereby voluntarily el cts to relinquish both such rights. 15. PERSONAL INJURY PROCEEDS: WIFE agrees that any monies currently being held in escrow by PURCELL, KRUG and HALLER with regard the settlement check from AI shalI become the sole and exclusive property of HUSBAND upon the entry of the final Decree in Di orce. WIFE hereby waives any interest in, or claim to, said funds. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and ~oy, independently of any claim or right of the other, alI items of property, be they real, perso al or mixed, tangible or intangible, which are hereafter acquired by him or her, with fulI power in h m or her to dispose of the same as fulIy and effectively, in all respects and for alI purposes, as though eor she were unmarried. 17. TAX RETURNS: The parties have heretofore filed joint Federal and Stat tax returns. Both parties agree that in the event any deficiency in Federal or State income t IS -10- E~\ULZHEIMER, MICHELLE R\PSA\PSA - VERSION 3.DOC Qctob 25, 2004 proposed, or any assessment of any such tax is made against either of them, each will indem ify and hold harmless the other from and against any loss or liability for any such tax defici ncy or assessment and any interest, penalty and expense incurred in connection therewith. Su h 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 e ent of his or her separate income on the aforesaid joint returns. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The arties hereby agree and express their intent that any transfer of property pursuant to this Agreement s all be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the" ct"), specifically, the provisions of said Act pertaining to the transfers of property between spous s and former spouses. The parties agree to sign and cause to be filed any elections or other doc ents required by the Internal Revenue Service to render the Act applicable to the transfers set forth this Agreement without recognition of gain on such transfer and subject to the carry-over basis prov ions of the said Act. 19 . WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledg that the foregoing provisions for their individual benefit are satisfactory with regard to their suppo and maintenance, past, present and future. The parties release and discharge the other absolutel and forever for the rest of their lives from all claims and demands, past, present or future, for alimo yor for any provision for support or maintenance, except as specifically provided for herein. The pIes -11- E;\ULZHEIMER, MICHELLE R\?SA\PSA ~ VERSION 3.DOC Octot 25, 2004 further acknowledge that in consideration of the transfers made herein each completely wai es and relinquishes any and all claims and/or demands they may now have or hereafter have aga nst the other for alimony, alimony pendente lite, spousal support and counsel fees, except as spec fically provided for herein. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as oth Ise specifically provided herein, this Agreement shall continue in full force and effect after such .me as a final Decree in Divorce may be entered with respect to the parties. 21. BREACH; If either party breaches any provision of this Agreement, the othe party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract s II be responsible for payment of reasonable legal fees and costs incurred by the other in enforcin their rights under this Agreement. 22. 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 d all rights he or she shall now have or hereafter acquire, under the present and future laws 0 any jurisdiction, to share in the property or the estate of the other as a result of the marital relation hip, including without limitation, dower, curtesy, statutory allowance, widow's allowance, wido er's allowance, right to take in intestacy, right to take against the Will of the other, and the right to a t as -12- E:\1JLZHEIHER, MICHELLE R\PSA\PSl\. - VERSION 3.DOC Dctob 25, 2004 administrator or executor of the other's estate. Each party will, at the request of the other, acknowledge and deliver any and all instruments which may be necessary or advisable to c into effect this mutual waiver and relinquishment of all such interests, rights and claims. 23. ENTIRE AGREEMENT: This Agreement contains the entire understandin of the parties and there are no representations, warranties, covenants or undertakings other th those expressly set forth herein. 24. FINANCIAL DISCLOSURE: The parties confirm that they have relied n the completeness and substantial accuracy of the financial disclosure of the other as an inducemen to the execution of this Agreement. The parties acknowledge that there has been no formal dis very conducted in their pending divorce action and that neither party has filed an Invento and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithsta ding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature any time prior to the date of execution of this Agreement that was not disclosed to the other party r his or her counsel prior to the date of the within Agreement is expressly reserved. In the even that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the . ght to petition the Court of Common Pleas of Cumberland County to make equitable distribution 0 said asset. -13- E:\ULZHEIMER, MICHE.LLE R.\?SA\PSA - VER.SION 3.DOC Qctob 2S, 2004 The non-disclosing party shall be responsible for payment of counsel fees, costs or e penses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in fu I force and effect. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding an shall inure to the benefit of the parties hereto and their respective heirs, executors, administ ators, successors and assigns. 26. 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 instru ents that may be reasonably required to give full force and effect to the provisions of this Agree ent. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreemen shall be determined or declared to be void or invalid in law or otherwise, then only that term, cond tion, clause or provision shall be stricken from this Agreement and in all other respects this Agre ent shall be valid and continue in full force, effect and operation. 28. 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 sep ate and independent Agreement. -14- E:\ULZHEIMER, MICHELLE R\PSA\PSA - VERSION 3.DOC Octob :25, 2004 29 . MODIFICATION AND WANER: A modification or waiver of any of the pr . sions of this Agreement shaH be effective only ifmade in writing and executed with the same form lityas this Agreement. The failure of either party to insist upon strict performance of any of the pro ISlOns of this Agreement shall not be construed as a waiver of any subsequent defaults of the s e or similar nature. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein convenience only. They shaH have no affect whatsoever in determining the rights or obligaf the parties. 31. APPLICABLE LAW: This Agreement shaH be construed under the laws of he -15- . . E: \ULZHEIMER, MICHELLE R\rSA\rSA - VERSION 3.DOC Oc:tob 25, 2004 Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 nd any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date d year first above written. ~1 JJ.~'7fj- WI ess -16- I~( l DONALD C. ULZHI . . . . g'\ULZHElMER, MICHELLE R\PSA\PSA - VERSION 3.DOC Octobe 25, 2004 COMMONWEALTH OF PENNSYL VANIA COUNTY OF~/-)U pH I I ,; ) )SS: ) On this, the 17j1-)day of J~o d {'I'll f6-Cf- ,2004, before me, a Notary Public, th undersigned officer, personally appeared DONALD C. ULZHEIMER, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therei contained. IN WITNESS WHEREOF, I hereunto set Notarial Seal Bonita E. Prussack, Notary Public City of Harrtsburg, Dauphin County My Commission Expires Sept. 26, 2005 Member. PennsylvaniaAssociation of Notaries COMMONWEALTH OF PENNSYL VANIA ) )SS: ) COUNTY OF U bt:Ln ern . +11 Qio On this, the 0{ ~ day of (' J~, 2004, before me, a Notary Public, the undersigned officer, personally appeared MICHELLE R. ULZHEIMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therei contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Kamn A. Sheriff, Notary PLtlIIc Pa/myra Boro. Lebanon Coulty My Commission Exp/res May 16, 2006 Member. Pennsylvania Associetioit Of NoIaries MICHELLE R. ULZHEIMER, Plaintiff v. : IN THE COURT OF COMMON P AS : COUNTY, PENNSYL V AN . CUMBERLAND : NO. 03-4852 DONALD C. ULZHE1MER, II, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, DONALD C. ULZHEIMER, II, do hereby acknowledge service of a true and corr t copy of the Complaint in Divorce in the above-captioned matter on February 19, 2004, purs ant to Pennsylvania Rule of Civil Procedure No. 402(b). DATE:~ /~ C- {~? DONALD C. UL~ IMER, II, Defend nt MICHELLE R. ULZHEIMER, Plaintiff v. : IN THE COURT OF COMMON P : C COUNTY, PENNSYL . UMBERLAND : NO. 03-4852 EAS NIA DONALD C. ULZHEIMER, II, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fil on September 15,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety ( 0) days have elapsed from the date of the 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 t at false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating 0 unsworn falsification to authorities. Date: \ \ - d ~-D'-I v. : IN THE COURT OF COMMON PEAS : C COUNTY, PENNSYL ANIA . UMBER LAND : NO. 03-4852 MICHELLE R. ULZHEIMER, Plaintiff DONALD C. ULZHEIMER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER & 3301(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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by e 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 t at false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to un orn falsification to authorities. DATE: 1\- do ~-C:fi v. : IN THE COURT OF COMMON PEAS : C COUNTY, PENNSYL ANIA . UMBERLAND : NO. 03-4852 MICHELLE R. ULZHEIMER, Plaintiff DONALD C. ULZHEIMER, II, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was fil don September 15, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety 0) days have elapsed from the date of the 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 hat false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relatin to unsworn falsification to authorities. Date: :: II - D'-{ j)~l v. : IN THE COURT OF COMMON PEAS : COUNTY, PENNSYL ANIA .CUMBERLI\ND NO. 03-4852 MICHELLE R. ULZHEIMER, Plaintiff DONALD C. ULZHEIMER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER & 3301(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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by he 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 false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to u falsification to authorities. DATE: i \ - \ 1- D4 LAW OFFICES OF EDWARD J. MIMNAGH EDWARD J. MIMNAGH, ESQUIRE Attorney lD. No. 87860 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Attorney for Plaintiff Michelle R. Ulzheimer MICHELLE R. ULZHEIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V NIA v. : NO. 03-4852 DONALD C. ULZHEIMER, II, Defendant 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 fa divorce decree: 1. Ground for divorce: Irretrievable breakdown under 9 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the February 19,2004. 3. Date of execution ofthe Affidavit of Consent required by 9 3301(c) of the Divorce Code: by MICHELLE R. ULZHEIMER, Plaintiff, on November 22, 2004; by DONALD C. ULZHEIMER, II, Defendant, on November 17, 2004. 4. Related claims pending: Settled by Agreement dated October 28, 2004. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice ofIntention to File Praecipe to .-. Transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 9 330I(c) Divorce was filed with th Prothonotary: Waiver is being filed simultaneously herewith. Date Defendant's Waiver of Notice in 9 330I(c) Divorce was filed with e Prothonotary: Waiver is being filed simultaneously herewith. Date: December 7, 2004 By; Respectfu~ubmitted: v4FICp O~, E~;Rn J. IMN , ! EDWARD J. Attorney I.D. MNAGH, ESQUIRE . 87860 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Attorney for Plaintiff Michelle R. U1zheimer ;\ , \,i:.) ~ - . . . . . . . . "'~"'~ ;+of; ~:+''f. .. . :+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+. :+.:+.:+.:+.+ :+.:+.:+. :+.:+.+ :+.:+.:+.:+.:+.:+. ~++~++++:+. ;Ii:+. Of.:+' IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY . . . PENNA. STATE OF . . . . . . . . . . . MICHELLE R. ULZHEIMER No03-4852 CIVIL TERM PI A T NT T 1'1' . . . . . . . . VERSUS DONALD C. ULZHEIMER. II DEFENDANT . . . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE zz. .....I 2004 '])'1' , -&<.r , IT IS ORDERE AND AND NOW, MICHELLE R. ULZHEIMER , PLAINTIFF, DECREED THAT DONALD C. UtZHEIMER, II , DEFENDAN , . . . . . . . AND 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 HA NOT YET BEEN ENTERED; . . . . . . . . . . THE TERMS OF THE PARTIES' PROPERTY SETTLEMENT AGREEMENT D TED OCTOBER 28, 2004, AND ATTACHED HERETO ARE INCORPORATED HEREIN BUT NOT MERGED HEREWITH. By THE COURT: j . . . . . . . . . . . . . . . . . . .. PROTHONOT RY :+. 1":+':+' i' :+.:+. + Of:+. :+.:+::+.:+.,+;;+d'+:+':+: :+.:+.;t;'f'l''f'++'+''f+:+'+ 'I' :+''f.+:+.+'l'++ +T -I':+' +. +:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of. +:+.+ /r"'O fir fi Il7':"' ~ 95/ ~'7i<I ~ 1-r4;f''l 5'151 . . . . ," .,It- - ----