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HomeMy WebLinkAbout07-5945Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton ,dzmmglaw.com BONNEY LOVE BASHORE, Plaintiff V. SAMUEL T. BASHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07- OyJ5- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. 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 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 Sandra L. Meilton, .32551 Attorney for Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmm,glaw.com BONNEY LOVE BASHORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SAMUEL T. BASHORE, Defendant NO. O 7 - 5- y,5- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 33010 OR 3301(d) OF THE DIVORCE CODE COUNT I: 1. Plaintiff is Bonney Love Bashore, an adult individual who is sui juris and resides at 10007 Bellona Court, Richmond, Virginia. 2. Defendant is Samuel T. Bashore, an adult individual who is sui juris and resides at 255 Creekwood Drive, Camp Hill, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Samuel T. Bashore, to the knowledge of the Plaintiff, is the same. 3. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 19, 1999, in Beckley, West Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. COUNT Il: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: 255 Creekwood Drive, Camp Hill, PA 17011 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; and C. For such further relief as the Court may determine equitable and just. DALEY ZUCKER WILTON MINER & GINGRICH, LLC andra L. Wilton, Esqui e I.D. No. 32551 1029 Scenery Drive Harrisburg, PA 17109 717-657-4795 Attorneys for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Bonney Love Bashore, Plaintiff Dated: /©° -5*- 0'7 na c? t? O r" ?? ": --? _ ?b Z6 (1- Cal Ll ? m W r w ?- Q ?J n 3 ? ? n TIN- $ Z C1 t .`3 -? o ev r- b-Al I e BONNEY LOVE BASHORE, Plaintiff V. SAMUEL T. BASHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5945 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AND NOW, this day of October, 2007, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on October 10, 2007, she mailed a certified copy of a Complaint in Divorce to Samuel T. Bashore, 255 Creekwood Drive, Camp Hill, PA 17011, by certified mail no. 7004 2890 0001 391 1 0759, return receipt requested, restricted delivery, and the same was received on October 26, 2007 by him, as indicated by the return receipt card which is attached hereto. f L is M. Rine Sworn to and subscriped before me this _VN_ day of October, 2007. 2? 1 ' V UL Not ublic SEAL) eoWMONHVMTH OF POMSYLVAN NOS SEAL PATRICIA A. PATTON, Notary Publi, Lower Paxton Twp., Da# in Countv Comrt"w E ,kale 20,20 10 f 40 C1arfftAils 1. X arts A. Abo mnpk is Near 4 fl Riwtrtcted Ddivery ie deAW. ¦ Print your rwm and address on the m" so that we can Mum the card W you. ¦ Aftwh #6 card to Vw back of the maiipieM or on the front if space permits. 1. Artlde Addles W to: SAMUEL T .. BASHORE 255 CREEKWOOD DRIVE CAMP HILL PA 17011 RESTRICTED DELIVERY '00 X 40000?? ,4 rl AA64- cam, M ( C. Dole of Dd vary D. b ddywy addles dMfarorrt irotn 1? O y4i M YES. arbr deNwry adrfrsss babtiv: O No & emice Type ]K ONWsd Md O 8pm Md O R gi l , O Rrlurn Rsodpt for Maoftierdse O kmnw MY O C.O.D. 4. Rsstrkslsd Dd vOry Oft Fsy M mus 2. ArNals NM ft (I?anaiwNi m erwlss k,w 7004 2890 0 001 3 911 0759 PS?Form ? SM 1. Fei b ry 2004 Dsrmsals Itwrn ftme" 1 1540 Q- u, r%- 0 r-,l .a Er m Postage $ a O Cermw Fee 0 O Return Receipt Fee (Endoraemertt Required) O Q? ResMCtted Delivery Fee (Endoreemertt Required) ca Total Postage & Fees -I- - -- C3 Sw# bAMUEL T. BASHORE r` s i w; ------------------------------------------------------------------------ or PO ftx No. W smog-C"AF'IPCR2L??A'°D1TOT1---------------- C7 ? C r.. i-T 51 CD Cv Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclgy@dzmmjzlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNEY LOVE BASHORE, Plaintiff No. 2007-CV-5945-DV (Civil Term) V. SAMUEL T. BASHORE, Defendant CIVIL ACTION - LAW (In Divorce) T THIS AGREEMENT is made this J6 day of , 2009, BY and BETWEEN Bonney Love Bashore of 10025 Bellona Court, Richmond, Virginia 23233, hereinafter referred to as Wife, A N D Samuel T. Bashore of 255 Creekwood Drive, Camp Hill, Pennsylvania 17011, hereinafter referred to as Husband. RECITALS R.1: The parties hereto were Husband and Wife, having been joined in marriage on August 19, 1999 in Beckley, West Virginia; and R.2: There were no children born of the marriage; and R.3: Differences have arisen between the parties, in consequence of which the parties have lived separate and apart since on or about June 1, 2006; and R.4: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Wife filed a Complaint in Divorce in Cumberland County on October 10, 2007 to the above-referenced term and number; and R.6: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and that Husband, who is fully aware of his ability to have an attorney represent him in this matter, has elected, instead, to represent himself with regard to the negotiation, drafting, review and execution of this Agreement; and 2 R.10: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.11: 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 acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither parry has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either parry. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. 3 (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Simultaneously with the execution of this Agreement, the parties shall execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize the Divorce. Said Affidavits and Waivers, along with any and all additional documents necessary to finalize the Divorce, will be immediately thereafter filed with the Cumberland County Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement for which the other party may receive counsel fees and sanctions. Said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: Wife, individually, is the owner of certain real property located at 1007 Bellona Court, Richmond, Virginia 23233 (hereinafter "Wife's Property"). Wife shall be solely responsible for any and all encumbrances associated with Wife's property. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining Wife's Property, including, but not limited to, mortgage payments, loan payments, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership of Wife's Residence. 4 Husband hereby waives any right, title or interest he may have in and to Wife's Property by virtue of the parties' marriage. In the event that it would become necessary for Husband to execute a Spousal Waiver and/or Quit Claim Deed, or any other document evidencing Husband's waiver of rights in and to Wife's Property, he agrees to execute said document within five (5) days of a request by Wife, or Wife's representatives, to do so. The parties jointly own the property located at 255 Creekwood Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The parties had two (2) separate appraisals conducted on the property with the first setting the fair market value at $500,000 on April 27, 2007and the second at $495,000 on November 29, 2007. The parties agreed to use a fair market value of $450,000 for purposes of coming to a fair settlement. The parties currently have a joint first mortgage through National City Mortgage Company, account number 0001583891. The principal balance on the first mortgage as of December 31, 2008 was $169,185.95. Husband shall, at his sole expense, refinance said joint first mortgage solely into his name within sixty (60) days of the execution date of this Agreement. Upon Husband's refinance and the lapsing of the rescission period, a check from the proceeds of said refinance shall be issued and sent via Federal Express of UPS overnight delivery directly to Wife from the refinancing company, in the amount of Thirty Thousand ($30,000.00) Dollars. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the Marital Residence, including, but not limited to, mortgage payments, loan payments all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and 5 administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's ownership of the Marital Residence. Wife shall, simultaneously with the execution of this Agreement, execute a Quit Claim Deed waiving any and all right, title and interest she may have in and to the Marital Residence. Said Deed shall be prepared at Husband's expense. Upon execution of said Deed, the Deed shall be held in escrow by Wife's attorney until such time as Husband has refinanced the first mortgage on the Marital Residence solely into his name, or as needed for the refinance (if needed for the refinance, an agent can contact counsel for Wife and Wife's counsel will release the Deed to the agent for the mortgage company in anticipation of settlement). Upon Husband's refinance of the first mortgage associated with the Marital Residence, if counsel for Wife has not already done so, she shall release the Deed held in escrow to the mortgage company conducting said refinance. Husband shall immediately thereafter duly record the Deed with the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania. (4) DEBT: A. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on June 1, 2006, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 6 B. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on June 1, 2006, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. C. OUTSTANDING JOINT DEBTS: In the event that either parry contracted or incurred any debts since the date of separation on June 1, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. D. UNDISCLOSED DEBTS: Any liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other parry and his or her property harmless from any and all such debts, obligations and liabilities. (5) MOTOR VEHICLES: Wife shall retain the vehicle(s) currently in her possession. Any vehicle in Wife's possession is company owned and Wife does not have ownership interest. Husband hereby relinquishes any right, title or interest he may have in and to the vehicle(s) currently in Wife's possession. Wife shall acquire and maintain separate insurance on the vehicle(s) currently in her possession. Wife shall hold harmless and indemnify Husband from any loss thereon. Wife specifically agrees to assume full responsibility and pay in due course, any encumbrance on the vehicle(s) currently in her possession. 7 Husband shall retain the vehicle(s) currently in his possession. Husband currently owns a 1967 Ford Mustang and a Harley Davidson in Husband's name alone. Wife hereby relinquishes any right, title or interest she may have in and to the vehicle(s) currently in Husband's possession. Husband shall acquire and maintain separate insurance on the vehicle(s) currently in his possession. Husband shall hold harmless and indemnify Wife from any loss thereon. Husband specifically agrees to assume full responsibility and pay in due course, any encumbrance on the vehicle(s) currently in his possession. To the extent that any vehicle is titled jointly to the parties, the parties hereto agree to execute any and all documents necessary to individually title the vehicles with the Commonwealth of Pennsylvania, or the State of Virginia. Moreover, to the extent that any vehicle is jointly encumbered, the parties hereto will refinance the obligation solely into their names within ninety (90) days of the execution of this Agreement. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto acknowledge and agree that they have reached a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them. Each party shall, from and after the date hereof, be the sole and separate owner of all such property whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. 8 (7) INTANGIBLE PERSONAL PROPERTY: Each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans, 403 (b) plans and the like. Any Qualified Domestic Relations Orders, or similar documents that may need to be prepared to give full force and effect to this Paragraph shall be drafted at the sole expense of the party retaining said account. The parties acknowledge that they could choose to have the accounts listed below, actuarially valued; however, they have elected not to do so. The parties acknowledge that the parties jointly hold a mutual fund with Ohio National, account number ending in 7126. Said jointly-held mutual fund had a balance of $51,805.76 as of June 30, 2009 and a balance of $76,674.49 on July 1, 2006, around the date of separation. For purposes of determining a fair settlement, the parties agreed to use the June 30, 2009 balance on this account. This account was funded during the marriage, the bulk of the funding coming from a $54,000 severance package from Wife's former employer on July 14, 2005. There were little, if any, post-separation contributions made to this account; however, both parties, during the course of the separation, agreed to access and use some funds from this account for various reasons. The remainder of the reduction in the balance of this account is due solely to market conditions. Husband acknowledges that he has received documentation verifying the amount of said mutual fund as of July 1, 2006 and as of June 30, 2009. Wife shall become the sole owner of this mutual fund and Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to the aforesaid joint mutual fund. Husband shall, within five (5) days of a request by 9 Wife to do so, execute any and all documents necessary to waive any right, title and/or interest he may have in and to the joint Ohio National Mutual Fund. The parties acknowledge that Wife has an Individual Retirement Account (IRA) with Ohio National, account number ending in 1738. Wife's IRA had a balance of $98,056.29 as of May 14, 2009 and a balance of $114,283.06 as of July 1, 2006, around the date of separation. For purposes of determining a fair settlement, the parties agreed to use the May 14, 2009 balance on this account. This account was a rollover of Wife's retirement from her prior employer and was opened on July 26, 2005. Wife made no post-separation contributions to this account and the reduction in the current balance of this account is due solely to market conditions. Husband acknowledges that he has received documentation verifying the amount of Wife's IRA with Ohio National as of July 1, 2006 and as of May 14, 2009. Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid IRA with Ohio National. Husband shall, within five (5) days of a request by Wife to do so, execute any and all documents necessary to waive any right, title and/or interest he may have in and to Wife's aforesaid IRA with Ohio National. The parties acknowledge that Wife has a 401k with her current employer, Inspire Pharmaceuticals, Inc. This 401 k was started in or around August of 2005 and therefore, the majority of the current account balance is made up of post-separation contributions. The balance of this account as of March 31, 2009 was $40,073.93 and the balance as of June 30, 2006, around the date of separation, was $17,177.91. Given that most of the gain on this account is due to Wife's post- separation contributions and given the current state of the market (that there is likely little to no gain on the marital portion), the parties agreed to use the June 30, 2006 value of this account to determine 10 a fair settlement. Husband acknowledges that he has received documentation verifying the amount of Wife's Inspire 401k for June 30, 2006 and as of March 31, 2009. Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid Inspire 401k. Husband shall, within five (5) days of a request by Wife to do so, execute any and all documents necessary to waive any right, title and/or interest he may have in and to Wife's aforesaid Inspire 401 k. The parties acknowledge that Wife has a Roth IRA with Vanguard. This IRA was started right after the parties' marriage and there were no post-separation contributions made to this account. The balance of this account as of April 28, 2009 was $8,330.49 and the balance as of June 30, 2006, around the date of separation, was $10,650.27. The loss on this account is due solely to market conditions and therefore, the parties agreed to use the April 28, 2009 value of this account to determine a fair settlement. Husband acknowledges that he has received documentation verifying the amount of Wife's Vanguard Roth IRA as of June 30, 2006 and as of April 28, 2009. Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid Vanguard Roth IRA. Husband shall, within five (5) days of a request by Wife to do so, execute any and all documents necessary to waive any right, title and/or interest he may have in and to Wife's aforesaid Vanguard Roth IRA. The Parties acknowledge that Husband has an ESOP with his current employer, Edwin L. Heim, Co. Husband provided a date of separation value of this account, as of May 31, 2006, of $80,010.86. The parties agreed to use this balance for purposes of determining a fair settlement. Wife acknowledges that she has waived the right to review a current account balance of Husband's ESOP. Wife also acknowledges that she would be entitled to any growth on the marital portion of this account. Except as otherwise herein specifically provided in Paragraph 12, Wife hereby forever 11 waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid ESOP. Wife shall, after receipt of her additional cash payment by Husband and upon request by Husband to do so, execute any and all documents necessary to waive any right, title and/or interest she may have in and to Husband's aforesaid ESOP within five (5) days of Husband's request. The parties acknowledge that Husband has a 401 k with his current employer, Edwin L. Heim, Co. This retirement vehicle was replaced by the ESOP, above. Husband provided a date of separation value of this account of $2,902.97. Although Husband believes there may have been some pre-marital contributions to this account, the parties agreed to use the date of separation value of this account to determine a fair settlement. Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to Husband's aforesaid 401k. Wife shall, within five (5) days of a request by Husband to do so, execute any and all documents necessary to waive any right, title and/or interest she may have in and to Husband's aforesaid 401k. (8) LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. (9) AFTER-ACQUIRED 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 acquired by him or her after execution of this Agreement, 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. 12 (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (11) DIVISION OF BANK ACCOUNTS: The parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. (12) EQUITABLE DISTRIBUTION CASH PAYMENT: In addition to the $30,000.00 payment to be made to Wife under Paragraph 3 of this Agreement, Husband shall pay to Wife, on or before August 31, 2009 an additional payment of $31,288.24 via cashier's check. This payment is meant to be equitable distribution and is therefore, not intended by either party to be a taxable event. Wife will not waive her right, title and/or interest in and to Husband's ESOP, nor will she execute any documents waiving her right, title and interest in and to Husband's ESOP until such time as she receives this additional $31,288.24 cash payment from Husband. It is Husband's hope to be able to pay Wife with additional monies he contemplates obtaining; however, in the event that he does not obtain said additional monies, he will withdrawal enough from his ESOP for Wife to receive $31,288.24 in cash. If Husband must pull the money from his ESOP, Husband will be solely responsible for any and all tax ramifications and early withdrawal penalties associated with this withdrawal. It is the intention of the parties that Wife shall net $31,288.24 in cash, in addition to the $30,000.00 payment to be made to Wife under Paragraph 3 of this Agreement. 13 (13) TAX MATTERS: The parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (14) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (15) ADVICE OF COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Husband, who is fully aware of his ability to have an attorney represent him in this matter, has elected, instead, to represent himself with regard to the negotiation, drafting, review and execution of this Agreement. Each party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement or Agreements. 14 (16) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other parry, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (17) INCOME TAX: The Parties hereby acknowledge that they plan to file separate federal, state, and local income tax returns for the tax year of 2009 and all ongoing years. The parties hereto agree that Husband shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2009 on the Marital Residence for purposes of claiming said deduction on his tax return. The parties hereto agree that Wife shall be entitled to take any of the mortgage interest, real estate taxes and any other deductible expenses paid for 2009 on Wife's Residence for purposes of claiming said deduction on her tax return. Should the parties owe any tax liability or receive any returns on any and all taxes filed jointly by the parties during the course of their marriage, the parties hereto agree to equally divide any such tax liability and/or tax return. (18) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 15 In the event that either party becomes a debtor in any bankruptcy or financial re-organization proceedings of any kind while any obligations remain to be performed by that parry for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. (19) COMPLETE 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 acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such and undisclosed asset, the party shall have the right 16 to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs of expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. (20) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of all assets, including, but not limited to the real estate, business interests, the personal property, the vehicles, and 401 K's and retirement accounts, some or all of which were acquired during the marriage and therefore constitute marital property. The parties have not sought to have any items appraised or independently valued and to the extent that the parties have determined that they will not undertake the expense to have other items appraised and/or valued, they agree that the division of property as set forth in this Agreement, represents a fair and equitable distribution. (21) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (22) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, arising out of the marital relationship, including all rights and benefits under the 17 Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. Except for any cause of action for Divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other specifically arising from the marital relationship. (23) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each parry hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators or assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow'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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a Divorce Decree are intended to defeat the right of either party to 18 receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either parry to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (24) SEPARABILITY OF PROVISIONS: The parties agree that the separate obligations contained in this Agreement shall be interdependent. If any term, condition, clause or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement shall be reviewed and renegotiated in order to fulfill as closely as possible the purpose of this invalid provision(s). Notwithstanding any releases contained herein, the parties intend that they may reinstate economic claims, whether previously pleaded or not, to the extent permitted by the Divorce Code. (25) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (26) INCORPORATION INTO DIVORCE DECREE: The parties agree that 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. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed to the Divorce Caption. 19 (27) BREACH: In the event that either parry breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (28) ENTIRE UNDERSTANDING: Except as otherwise herein provided, this Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or Agreements, oral or written, of any nature whatsoever, other than those herein contained. (29) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (30) DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have executed the 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. (31) PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each parry will allow the other party reasonable access to those records in the event of tax audits. 20 (32) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. (33) NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. (34) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. (35) EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall also continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement 21 declaring this Agreement, or any term herein, to be null and void. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: say Gin #a M lay, Esquir Attorney for ntif ITNESS Bonney Lov ashore, Plaintiff Z 5??' ?0_ -"Oa? Samuel T. Bashore, De ndant 22 F I.ED-0 DICE OF THE FpuilaD iiiJIARY 2009 AUG 19 PM 3= 0 0 4 R 14. .. h r BONNEY LOVE BASHORE, Plaintiff V. SAMUEL T. BASHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-5945 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SF,RVICF COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AND NOW, this 3 day of October, 2007, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on October 10, 2007, she mailed a certified copy of a Complaint in Divorce to Samuel T. Bashore, 255 Creekwood Drive, Camp Hill, PA 17011, by certified mail no. 7004 2890 0001 391 1 0759, return receipt requested, restricted delivery, and the same was received on October 26, 2007 by him, as indicated by the return receipt card which is attached hereto. / C is M. Rine Sworn to and subscribed before me this _s day of October, 2007. P Not ublic (SEAL) TMOFPDOW fLVAN NOTARK SEAL PATftiA A. PATTON, NoWy Pubti, Lower Pftb,'Twp., Dauphin County Camffd9 ion E Jmm Z0, 20 . ...... ..- ,?. y?. . ?.tst'. ...... .- . +?`?{ .. ., i $ + ?'?# • e ¦ OwApbb ftm 1, 2, arrd S. Abo complete ram 4 It Pm&kftd Delivery Is desired. ¦ Print you name and eddrem on the revere so that we can rearm the card to you. ¦ Attach this card to the beck of the mellOwe. or on the front If epaoe permits. 1. Artlde Addressed to: SAMUEL T. BASHORE 255 CREEKWOOD DRIVE CAMP HILL PA 17011 RESTRICTED DELIM" A. SWne" ? Adaree EL Recelved by( ) G.Dole of Delivery .Sa rnvci D. Is d*my eddrm dftW from ftem 17 O Yee If YES, enter d*. y &Wm below. 0 No e. service Type IKCsAMsd MoN 0 f3rpreas Mau 0 RaplotwW C] Redrm Rsoeipt Mr Manlrend o 0 lrotsed Msu O C.O.D. 4. PAddoted OeNveryt PDON Fee) m Ybe 2. ArNdeNurtbsr pfanaArr fim adrios hbe0 7004 2880 0001 3911 4759 -- 7 -- Ps Form 3811, febnmy =4 Dwtmft fwn A - lpt ,osesrlea?,s c U ?' i iFIED MAIL RECEIPT stic Mail Only; No Insurance Coverage Provided) r-1 ._-J IWBtI Wi6 - Y m Postage $ P 5 Wa r Q rA C3 CertHied Fee $2.65 1 y Rstum Receipt Fee $2.15 z) 1 p " y (Ertdasement Required) CO M O Restricted Delivery Fee ?? • 1Q C Ir (Eridorsemerd Required) ? / ? ru Total Postage & Fees $ ?? •?? °o AMUEL T. BASHORE s ------------------•--•---------------------• ---•------------- N s`veer,AFC7Go--------- D R VE orPOeo,rn>o. 255 C?,?WQ?A-°DT?OZ1------•----•---- aa. sue, ?-A?IP- ? r? ", '- ,_, ` s " r'1 s ?. Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICx, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay_(a),dzmm glaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNEY LOVE BASHORE, Plaintiff No. 2007-CV-5945-DV (Civil Term) V. CIVIL ACTION - LAW SAMUEL T. BASHORE, Defendant (In Divorce) AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) or § 3301 (d) of the Divorce Code was filed on October 10, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date:- Samuel T. Bashore, De dant { . IU09 {'` F y Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 imaclay6-M mmalaw.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNEY LOVE BASHORE, Plaintiff No. 2007-CV-5945-DV (Civil Term) V. SAMUEL T. BASHORE, Defendant CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301 (e) AND 43301 (d) OF THE DIVORCE CODE I . I consent to the 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 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 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. § 4904 relating to unworn falsification to authorities. Date: /d/ 4i e;l:(, Samuel T. Bashore, Defendant RI.G ati -{`iOItC ?JF T H E PR 0TAPY 2009 AUG 19 F?j no I, 1-y P4.+}4Y,? Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclaya-dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNEY LOVE BASHORE, Plaintiff V. No. 2007-CV-5945-DV (Civil Term) CIVIL ACTION - LAW SAMUEL T. BASHORE, Defendant (In Divorce) AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) or § 3301 (d) of the Divorce Code was filed on October 10, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. r Date: 9/c/ ©1 Bonney Love 94hore, Plaintiff FILED ICE OF THE PR, ?)TH??NOT 2009 AUG 19 PH 3,- 00 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayAD dzmmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNEY LOVE BASHORE, Plaintiff No. 2007-CV-5945-DV (Civil Term) V. SAMUEL T. BASHORE, Defendant CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301 (c) AND 43301 (d) OF THE DIVORCE CODE 1. I consent to the 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 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 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. § 4904 relating to unworn falsification to authorities. If ,f? Date: !3 I Bonney 1,09e' Bashore, Plaintif BLED-Oi iCE UE THE MOT Hn, 1,0TARY 2009 AUG 19 PM 3= 0U Cliff is ' j', _'N j y Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1mac1U(d)dzmmg;1aw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNEY LOVE BASHORE, Plaintiff No. 2007-CV-5945-DV (Civil Term) V. CIVIL ACTION - LAW SAMUEL T. BASHORE, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) or 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: A true and correct copy of the Divorce Complaint was served on Defendant, Samuel T. Bashore, via Certified Mail, Restricted Delivery on October 10, 2007. An Affidavit of Service was filed on October 31, 2007. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Affidavit of Consent on August 13, 2009 and Defendant executed his Affidavit of Consent on August 18, 2009. The Affidavits are being filed contemporaneously herewith. 4. Related claims pending: None. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff executed her Waiver of Notice of Intention to Request Entry of Divorce Decree on August 13, 2009 and Defendant executed his Waiver of Notice of Intention to Request Entry of Divorce Decree on August 18, 2009. The Waivers of Notice are being filed contemporaneously herewith. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: By: ikerdm Gin c a y, Esquire Co . #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff FILED-QF..;;Cc OF THE pF?fi'?- ONOTARY 2009 AUG i 9 i'l 3- G i GLs _ t? " ll lI N {! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BONNEY LOVE BASHORE V. SAMUEL T. BASHORE NO 2007-CV-5945-DV DIVORCE DECREE AND NOW, _ u n a it 'LSJ , lo0q , it is ordered and decreed that BONNEY LOVE BASHORE plaintiff, and SAMUEL T. BASHORE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") It is hereby further ORDERED and DECREED that the parties' Property Settlement and Separation Agreement dated August 13, 2009 is herein incorporated but not merged. By the Court, ?u :L U. Attes : J. MAE 0 onotary . sr-oy Ls, /1&4