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HomeMy WebLinkAbout07-4531JOY A. CASE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. b7- Y531 (:i vi l Term EDWARD P. CASE, III, :CIVIL ACTION -LAW Defendant : IN DIVORCE NnTiCF. You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County 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 GRANTF,D, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 o J Co lly, Jr., Esquire tt fo laintiff JOY A. CASE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - yS 31 C-r~l ~~-- EDWARD P. CASE, III, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor. from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary JOY A. CASE, Plaintiff v. EDWARD P. CASE, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7_ y,s 3 I l~.u~l ~.... CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiffis Joy A. Case, social security no. 189-60-3868, who currently resides at 503 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Edward P. Case, III, social security no. 202-50-8450, who currently resides at 24 Banbury Road, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 24, 1982, in Harrisburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since January 4, 2007. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiffrequests the Court to enter a Decree in Divorce. 11. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 12. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 13. Plaintiff lacks sufficient property and income to provide for her reasonable needs. Plaintiff requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. Defendant is financially able to provide for the reasonable needs of the Plaintiff: COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 15. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiffrequests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: - 0-(~ By: Attorneys for Plaintiff Joy A. Case Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Joy A. Case, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of I8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~ ~ a O ~ ~„ t "" ~ ~' sY'^ _..:~ r- tZ?~ ~ t ~ ~ ~ W ~ ~`~ ~° ~ . y b , o ~ a ~ ~ ~ ~ N .. .~'- O ~ .c~ W C~ O C ~~ JOY A. CASE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4531 EDWARD P. CASE, III, :CIVIL ACTION -LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, Edward P. Case, III. Date: 6 fi~,tq ug-j~ 2~'~ ~~11 el L. And squire P.O. Box 168 Lemoyne, PA 17043-0168 Attorney I.D. # _,~~~,s (717) 761-5361 ~-- o ars x~ "> _ . ~~: r t , , , p~ i .'. (' ~p r;~~ ,-, -~ - ~ -~~~-r; ~~;~ ~ _~~_ ~ -~ JOY A. CASE, ' : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v '' : N0.07-4531 EDWARD P. CASE, III, ~,' :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Compl 'tin Divorce under .Section 3301(c) of the Divorce Code was filed on July 31, 2007. 2. The mama e of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date f both 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 Decr~e. 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses i~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 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. _.~-~-- Date: iu - o~ - 0 g ~ . ~ ~~. .Case, III, Defendant -M~ ~~ -~--~ ~ ;~ ,~ ,~~'= ~~ ~~ ~:~ is JOY A. CASE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW I ) NO. 07-4531 CIVIL TERM EDWARD P. CASE, III I ) Def n an e d t ~ ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint n Divorce under Section 3301(c) of the Divorce Code was filed on 31 July 2007 and serv d upon the Defendant on or about 6 August 2007. 2. The marriag~ of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fror~h the date of both the filing and service of the complaint. 3. I consent to he entry of a final decree in divorce after service of a Notice of Intention to Request E try of the Decree. 1. I consent to ~:he entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expe ses 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 the court and that a copy f 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 tatements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating o unsworn falsification to authorities. Dated: _ C. _? ~ ;.., c=:a ~ _. :; ~~ ..- ~ m C.t.Z i i . t l`; , i+ i. ~.. _- -c r. ~~~-z, 'i, ~~ ~.~ T •z~ ~ f _ .~ . ~ -„ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day o ~ , 2008, is by and between: EDWARD P. CAS, III, of Hummelstown, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; a~hd JOY A. CASE, of ~~ I~iechaniesbury, Pennsylvania, party of the second part, hereinafter referred to as "V~ife." WITNESSETH: WHEREAS, the panties hereto are husband and wife, having been married on 24 July 1982, and they aze the parents of two c~iildren, both of whom are over the age of 18 and are legally emancipated; and WHEREAS, certain~l difficulties have arisen between the parties hereto which have made them desirous of living separate a~hd apart from one another and Wife has initiated an action in divorce filed to No. v7-453 i besore the Cou~t of Common Pleas of Ciu~ii'ocriarid Court-y, Pe,u,sylva-iia; WHEREAS, the parties hereto, Wife being represented by John J. Connelly, Jr., Esquire, and Husband by Samuel L. Ande~, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the part~es hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties~lhave had full and ample opportunity to consult with their respective attorneys, and the parties nov~ wish to have that agreement reduced to writing. NOW, THEREFOR), the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises~~ set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound .rid to legally bind their heirs, successors, assigns, and personal representatives, do hereby co~enant, promise, and agree as follows: -i- 1. INVESTMEN PROPERTIES. The parties acknowledge that, during the marriage, they, or business entities that one or both of them owned, acquired various investment real estate, most of which has been liquidated. 'They further acknowledge that their remain several properties in the City of Harrisburg, in the Borough pf Steelton, and in the City of York which are still titled in both parties' names but which have no equity because of the debt against them. The parties further acknowledge that those properties currently a~±e involved in mortgage foreclosure action which will, the parties anticipate, result in the sale of the proplerties by the sheriffs of the counties in which they are located. In the event that there are any deficiency judgments entered or pursued against either of the parties because any of the properties sell, at sheriff s sale or otherwise, for less than the balance owed the creditors which hold mortgages against the properties, or in the event that there are other claims made against or judgments entered against the parties a~ a result of the debts against those properties, Husband shall be solely responsible to-pay those deficiency judgments, claims, and other judgments and Husband shall indemnify and save Wife ha~nless from any loss, cost, or claim caused to her by his failure to do so. 2. RESIDENCE. 'The parties acknowledge that the marital residence they owned at 503 Lucinda Lane, Mechanicsbu#g, Pennsylvania, was sold and that Wife received all of the net proceeds of that sale after payment of the costs of sale and any liens against the property that had to be paid to complete the sale. Husband', acknowledges that and hereby waives and releases any claim to or interest in the proceeds of the sale ofl the residence and confirms them to be the sole and separate property of Wife. 3. HUSBAND'S B~TSINESS INTERESTS. The parties acknowledge that, during the marriage, he acquired certain] interests in various business entities, including, but not limited to, Capital Property Group, LLC, Classic Basement Designs, LLC, the Hard Money Depot, LLC, Ugly House Depot, LLC, and other business entities. The parties agree that Husband may retain those interests free of any further claim by Wife ' d Wife does hereby waive and release any claim to or interest in any of those business entities. Husb d agrees that he shall indemnify and save Wife harmless from any loss, -2- cost, or expense caused to h~r by his failure to pay any debts or obligations arising out of those business interests or any interest he owned or acquired in them. 4. DEBTS. Each o~the parties shall be responsible to pay and satisfy, in accordance with their terms, any debts created by ether of the parties and currently owed by either of the parties in their name alone. Further, the parties represent to each other that, other than the mortgages addressed in Paragraph 1 hereof, there are no joint debts of the parties except as are provided for in this agreement. Each party shall indemnify and save the lother harmless from any loss, cost or expense caused to the other party as a result of his or her failure to pay debts which are owed in his or her name alone or which were created by him or her in violation of the'representations set out in this agreement. 5. PERSONAL PROPERTY. The parties acknowledge that, at the time they sold the residence at 503 Lucinda Larie, they sold various items of household furnishings and personal property and divided the proceeds of hose sales equally. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal prop~rky between them and they mutually agree that each party shall, from and after the date hereof, be the sdle and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shill have the effect of an assignment or receipt from each party to the other for such property as may be iip the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 6. WAIVER OF Et~UITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and amp~e opportunity to consult with counsel of their choice regarding their claims arising out of the marriage an~l divorce and that they have specifically reviewed their rights to the equitable distribution of mari I~ property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, d the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by ea h of the parties, the parties hereto, in consideration of the other terms and -3- I provisions of this agreeme , do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any a~pd all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 7. WAIVER OF ~LIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that th~y are able to support and maintain themselves comfortably, without contribution from the other }~eyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by'. each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the bene~ts and properties passed to them hereunder in lieu of any and all further rights to support or alimony t'or themself, counsel fees, and alimony pendente lite at this time and during any and all further or future fictions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit dlaim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees acid expenses beyond those provided for herein, during the pendency of or as a result of any such actions, ~ provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at an~ time in the future. 8. WAIVER OF E~TATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presenjts for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, (quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or ssigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of la or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffer d to be done by such other party prior to the date hereof; except that this release shall in no way exone ate or discharge either party hereto from the obligations and promises -4- made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party 9. otherwise provided, each hereby expressly waives and have against the other. Except as herein hereto may dispose of his or her property in any way, and each party any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relations~iip, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, s~atutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the ot~er, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which maybe necessary or advisabl~ to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 10. WAIVER OF F~JRTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to asks a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing them rights to have the court equitably distribute or divide their marital property following litigation y the parties, the parties hereto do hereby waive and release any right to have the court make such equ table distribution or for them to litigate any claims relating to equitable distribution in the divorce act~on contemplated by the parties. 11. CONCLUSION ~OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be -5- filed shortly by one of the arties hereto. Both of the parties hereto agree that they shall, contemporaneously with th~ execution of this agreement, execute and deliver to Husband's attorney, an Affidavit of Consent under (Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms end provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente 1ite, counsel fees, equitable distribution, and the like. 12. BREACH. In ~he event that any of the provisions of this agreement are breached or violated by either of the parthes, the other party shall be entitled to enforce this agreement by an appropriate action in law or jin equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreements the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hlereunder. 13. RELEASE. Mach party does hereby waive, relinquish, and release any claim they have against the other for bank accounts, stocks, bonds, and other and similar investment assets which are now owned by or in possession of the other, regardless of whether such assets were owned by the parties jointly or separately prior to t~e date of this agreement. Each party hereto does hereby waive and release any claim they may have under the laws of the Commonwealth of Pennsylvania for the equitable distribution or the other divis~on of such assets or any claim to them as marital property. 14. ADVICE OF C I UNSEL. Both parties represent that they have consulted with an attorney prior to signing this greement and have either reviewed this written agreement or the terms and provisions hereof with an alto ey of their choice, or have had full and ample opportunity to do so and chosen not to do so of their o free will. Both parties enter into this agreement of their own free will -6- and without any coercion or hreat from the other and relying upon no promises or representations except those expressly set forth here~n. 15. CHOICE OF LJAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, d by the courts of, the Commonwealth of Pennsylvania. 16. SEVERABILIT If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only) such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 17. NON-WAIVERI. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed orl~lconsidered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHE~tEOF, the parties hereto have set their hands and seals the day and year first above written. I; -~- COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, theC~~a~ of ~k~ll;(.,~ , 2008, before me, the undersigned officer, personally appeared EDWARD P. CASE, III `~. own to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Co 'ssion Expires: NMM. ~NlnNM-PUlLlC I,~pMI~~/OIIOf, iC~lA1JI1D ~ O~IREB tFO. {, !lOOi COMMONWEALTH OF PENNSYLVANIA - j SS.: COUNTY OF E~+I~-~D ---~- On this, the S " day of ~" , 2008 before me, the undersigned officer, personally appeared JOY A. CASE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (L~,t,>'t~ ' My Commission Expires: COMMONWEAL7fi OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Public Derry Twp., Dauphin County My Commission F_xpires Nov. 8, 2~9 Member, Pennsylvania Asse~iation of Notaries -8- • a JOY A. CASE, Plaintiff v. EDWARD P. CASE, III, Defendant ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4531 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSNIIT RECORD To the Prothonotary: Transmit the recordb together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for 13ivorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon Samuel L. Andes, Esquire, attorney for Defendant, Ed`pvard P. Case, III, as evidenced by the Acceptance of Service on record. 3. Complete ether paragraph (a) or (b). (a) Dat of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c of the Divorce Code: by Plaintiff: June 27, 2008; by Defendant: June 24, 2008. (b) (1) ' Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Coe: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related cla spending: All claims have been settled pursuant to a Property Settlement Agreement dat June 5, 2008. 5. Date and m~nner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and m~nner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: June 27, 2008; by Defendant: June 24, 2008. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: both Plaintiff s an~ Defendant's Waivers are being filed contemporaneously herewith. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ '~ ~'~ ~ By: J¢hn~~onne~, Jr. ~tto LD. # 5615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff ~ ~-- ~a _~ c~-a i7 c:-:z _{ _ -~-; M ~--; S,' r~_r^~~ 4+~ C ~. I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~~ ~.~ JOY A. CASE. Plaintiff VERSUS Defendant NO. 07-4531 DECREE IN DIVORCE AND NOW, 2008 , IT IS ORDERED AND DECREED THAT Joy A. Case ,PLAINTIFF, ANp Edward P. CdSe, III ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~~ The attached Marital Settlement Agreement is hereby incorporated, but not merged, into this Decree in D PROTHONOTARY ,,;~, ~ ~,