Loading...
HomeMy WebLinkAbout07-61950 1 Y ELAINE NISSLEY HARDIN, Plaintiff VS. RON HARDIN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. D - ?D ?1 cY?? I(.rn? CIVIL ACTION - AT LAW 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 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, 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 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ELAINE NISSLEY HARDIN, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND 'COUNTY, PENNSYLVANIA vs. RON HARDIN, Defendant No. CIVIL ACTION - AT LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE Plaintiff, Elaine Nissley Hardin, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. Plaintiff, Elaine Nissley Hardin, is an adult individual who currently resides at 31 Queen Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant, Ron Hardin, is an adult individual who currently resides at 420 Green Spring Road, Newville, Cumberland County, Pennsylvania, 17241. COUNT I - DIVORCE 3. Plaintiff and Defendant were married on May 17, 2001 in Harrisburg, Dauphin County, Pennsylvania. 4. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. ti 6. The marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to the issuance of a Decree in Divorce. 10. There are no dependent children from this marriage. 11. This action is not collusive. WHEREFORE, Plaintiff, Elaine Nissley Hardin, respectfully requests this Honorable Court grant her relief from the bonds of matrimony and order a Decree in Divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 12. Paragraphs 1 through 11 above are hereby incorporated herein be reference as though fully set forth. 13. The parties acquired both real and personal property during the course of their marriage. 14. In order to effectuate economic justice between the parties, Plaintiff requests this Honorable Court to enter a fair and just determination and settlement of the parties' Property rights. WHEREFORE, Petitioner requests this Honorable Court to equitably divide and distribute the property of the parties in accordance with the Divorce Code. Respectfully Submitted: By: JJEANIM B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 ?C ( .7 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff VERIFICATION I, Elaine Nissley Hardin, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. 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: 0 7 Signature: Elaine Nissley ardin V Q O Q 1J W -? G v 1 C C C. C= -n rv 1-1) rn -TI 4 ?S e ( 1-i i _ co JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ELAINE NISSLEY HARDIN, Plaintiff VS. RON HARDIN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 67- 6 115- CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF TO PREVENT THE CONCEALMENT, WASTE, AND DISSIPATION OF MARITAL ASSETS Plaintiff, Elaine Nissley Hardin, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Petitioner is Plaintiff above-named, Elaine Nissley Hardin, hereinafter referred to as Wife, currently residing at 31 Queen Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. The Respondent is Ron Hardin, Defendant above-named, hereinafter referred to as Husband, currently residing at 420 Green Spring Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties were married on May 17, 2001 in Harrisburg, Dauphin County, Pennsylvania. 4. Wife has filed a Complaint in Divorce simultaneously with the filing of this Petition for Special Relief. Said Complaint contains a claim for equitable distribution. 5. The parties separated on February 22, 2007, at which time Wife relocated from the marital residence. Husband remained in the marital residence, which contains both marital property as well as items which constitute Wife's personal and premarital property. 6. Husband has threatened to sell furniture located within the marital residence. Said furniture is either marital or else belongs to Wife as premarital property. In either case, if Husband sells said furniture, he would be acting contrary to the interests of Wife and in violation of the obligations owed by Husband to Wife under the Divorce Code. 7. Section 3323(f) of the Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties-or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party... 8. Section 3505(a) of the Divorce Code provides: Where it appears to the court that a party is about to ... dispose of, alienate or encumber property in order to defeat equitable distribution ... an injunction may be attached as prescribed by general rules. 9. Pennsylvania Rule of Civil Procedure 1920.43(a) provides: At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just... (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. 10. It is unknown to undersigned counsel whether Husband has retained counsel. Undersigned counsel has not contacted Husband directly to obtain his position regarding the relief requested herein. WHEREFORE, Wife prays for equitable relief in the form of the issuance of an injunction enjoining Husband from transferring, encumbering, concealing, selling, removing, alienating or otherwise disposing of or dissipating property acquired by either party during their marriage or acquired by Wife before their marriage. Respectfully Submitted: By: JEA NE B. COSTOPOULOS, SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ?0// / ?' 7 Attorney for Plaintiff VERIFICATION I, Elaine Nissley Hardin, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. 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: Signature: Elaine Nissley H din CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Ron Hardin 420 Green Spring Road Newville, PA 17241 By: JEANNE B. COSTOPOULOS9 ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / / Telephone No. (717) 221-0900 `? r Z3 ` d 7 Attorney for Plaintiff Date. ?a ?'.:?A `' Cpl r s _ D C I 0 .. OCT 2 42007 ELAINE NISSL Y HARDIN, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : No. 0 -7 19,r Gt,, t l RON HARDIN, CIVIL ACTION - AT LAW Defendant DIVORCE ORDER OF COURT AND N W this 2 C' day of ?cJ? bts' , 2007, a Rule is hereby issued on Defendant to show cause why the attached Petition for Special Relief should not be granted. Rule returnable Z C days from service. IT IS FURTHER ORDERED that pending further Order of Court, Defendant shall not transfer, encumber, conceal, sell, remove, alienate or otherwise dispose of or dissipate property acquired by eith r party during their marriage or acquired by Plaintiff before their marriage. BY THE COURT: ;o o? 1 10 co -i vid 5Z 130 NOZ i• b'1- 40 (45 DIVORCE SETTLEMENT AGREEMENT BY AND BETWEEN ELAINE NISSLEY HARDIN AND RONALD ROBERT HARDIN final s t , ELAINE NISSLEY HARDIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6195 CIVIL TERM RON HARDIN, : CIVIL ACTION -LAW Defendant : DIVORCE M • D7TAL SETTLEMENT AGREEMENT_ 4 THIS AGREEMENT is made this day of 201 by and between Elaine Nissley Hardin, bom May 5, 1951, and Ronald Robert Hardin,.a.k.a. Ron Hardin, born August 9, 1950: WITNESSETH: WHEREAS, Elaine Nissley Hardin (hereinafter referred to as "Wife") and Ron Hardin (hereinafter referred to as "Husband") are wife and husband, having been lawfully married on May 17, 2001, in Harrisburg, Dauphin County, Pennsylvania; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the Initials: 1 Initials: 2? 1 1 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including lit e, equitable distribution of all marital property or property owned or divorce, alimony, alimony pendent possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any Initials: 2 Initials: "7 fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Wife has initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at number 07-6195 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that contemporaneously with the execution of this Agreement, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and/or any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Hilton Timeshare and Hilton Accounts. The parties acknowledge that they own a Hilton Grand Vacation Club Timeshare in Big Island, Hawaii, which was purchased in September of 2005 for $44,700.00 (hereinafter referred to as the "Hilton Timeshare" or "Timeshare"). The parties further acknowledge that they have a joint Hilton Honor account, number 57528276, with points (hereinafter referred to as the "Joint Hilton Honor Account" or "Joint HHA"). The parties further acknowledge that the Husband has an individual Hilton Honor Account, number 814766592, (hereinafter referred to as the "Husband Hilton Honor Account" or "Husband Initials: 3 Initials: JO HHA"). The parties agree as follows with respect to the Hilton Timeshare and Hilton Account. :Upon the, payment of $22,350.00 to the Husband, all ownership documents with respect to the Hilton Timeshare and Hilton Joint Account and points shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any benefits now or hereafter due under any such Timeshare and Account. This transfer shall occur upon the wife obtaining refinancing for the rental properties, (1) Wife agrees to transfer the equivalent HGVC 1320 points from the Joint HH account to the Husband's HH account at the current conversion rate. (2) Wife agrees that current vacations scheduled for 2008 are to remain intact and unmodified by the Wife. Commencing on the execution date of this Agreement, Wife shall be solely responsible for all unpaid costs, expenses and liabilities associated with or attributable to the Hilton Timeshare and Joint HHA, regardless of when such cost or liability arose, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Timeshare and JHHA . Whereas, Husband shall retain sole ownership and control of Husband's HHA. (b) Marital Residence. The parties acknowledge that they own a home and property located at 420 Green Spring Road, Newville, Cumberland County, Pennsylvania, 17241, (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence, which the parties estimate to be valued at approximately $225,000.00: (1) (2) Initials: Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable 4 Initials: _n/A . to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgage, home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (3) On or before, April 1, 2008, Husband shall refinance, assume, or otherwise remove Wife's name from any mortgages and other loans secured by the Marital Residence. Wife shall execute a deed upon demand to transfer her interest in the Marital Residence to Husband in order to facilitate refinance or assumption of the loan. (4) If Husband is unable to refinance the Marital Residence on or before April 1, 2008 , it shall be placed for sale. Husband shall be solely responsible for all costs and expenses associated with the sale, including taxes, and shall retain the entire balance of the proceeds after payment in full of all secured loans associated with the Marital Residence. (c) Lot Beside Marital Residence. The parties acknowledge that they own a located adjacent to 420 Green Spring Road, Newville, Cumberland County, Pennsylvania, 17241, (hereinafter referred to as the "Lot"). The parties agree as follows with respect to the Lot, which the parties estimate to be valued at approximately $20,000.00: (1) (2) Initials: Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Lot shall be deemed to be endorsed to reflect Husband as sole owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable 5 41 Initials: M to the Lot, regardless of when such cost or liability arose, including, but not limited to, loans, taxes, insurance premiums, and landscaping, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Lot. (d) 412 Bosler Avenue The parties acknowledge that they own a rental property located at 412 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043, (hereinafter referred to as the "Lemoyne Property"). The parties agree as follows with respect to the Lemoyne Property, which the parties estimate to be valued at approximately $145,000.00: (1) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Lemoyne Property shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Lemoyne Property, regardless of when such cost or liability arose, including, but not limited to, mortgage, home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Lemoyne Property. (3) On or before April 1, 2008, Wife shall refinance, assume, or otherwise remove Husband's name from any mortgages and other loans secured by the Lemoyne Property. Husband shall execute a deed upon demand to transfer his interest in Initials: 6 Initials: - z )?/- the Lemoyne Property to Wife in order to facilitate refinance or assumption of the loan. (4) If Wife is unable to refinance the Lemoyne Property on or before April 1, 2008, it shall be placed for sale. Wife shall be solely responsible for all costs and expenses associated with the sale, including taxes, and shall retain the entire balance of the proceeds after payment in full of all secured loans associated with the Lemoyne Property. (e) 145-147 Mulberry Avenue. The parties acknowledge that they own a rental property located at 145-147 Mulberry Avenue, Carlisle, Cumberland County, Pennsylvania, 17013, (hereinafter referred to as the "Carlisle Property"). The parties agree as follows with respect to the Carlisle Property, which the parties estimate to be valued at approximately $132,000.00: (1) (2) (3) Initials: Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Carlisle Property shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Carlisle Property, regardless of when such cost or liability arose, including, but not limited to, mortgage, home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Carlisle Property. On or before April 1, 2008, Wife shall refinance, assume, or otherwise remove Husband's name from any mortgages and other loans secured by the Carlisle Property. Husband shall execute a deed upon demand to transfer his interest in 7 Initials: r? the Carlisle Property to Wife in order to facilitate refinance or assumption of the loan. (4) If Wife is unable to refinance the Carlisle Property on or before April 1, 2008, it shall be placed for sale. Wife shall be solely responsible for all costs and expenses associated with the sale, including taxes, and shall retain the entire balance of the proceeds after payment in full of all secured loans associated with the Carlisle Property. (I) Motor Vehicles. Husband and Wife agree that Wife shall retain possession of the parties' 2003 Ford Explorer, with an estimated value of $9,250.00, as well as any other vehicles titled solely in her name as her sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. Husband and Wife agree that Husband shall retain ownership of the parties' 2007 Chevrolet Silverado, with an estimated value of $21,000.00, and the parties' 1987 Ford F-150, with an estimated value of $1,000.00, and any other vehicles currently titled in Husband's name solely as his sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. (g) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to biludle a waiver of any beneficiary designation thereunder. Initials8 Initials: k (h) Pension , Retirement Benefits. and Investments Accounts. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. It is recognized by each party that the naming and detail of said specific assets shall not be included in this document for the sake of privacy and the exclusion from public records. And that such exclusion does not in any way entitle the other to future court challenges of the distribution of these assets. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties also agree to close any joint financial or credit accounts within thirty days of execution of this agreement. (i) Miscellaneous Prop. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (j) PrQpeMto Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (k) Proper to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow Initials: 9 Initials: V'K? :17 i accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (1) Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (m) Liabili Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (n) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (o) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (p) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the oth that he or she has not incurred since date of separation and will not any time in the future Initials: 10 Initials: _? incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. TAX ADVICEI: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, p It and expense incurred in connection therewith. Such tax, interest, penalty or expense shall Initials: I 1 Initials: _ 7 be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 10. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly s es that it is his and her intention to revoke by the terms of this Agreement any beneficiary Initials: 12 Initials: ,F t designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the fixture. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fixlly and effectively for all purposes. (b) 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 party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente Jg, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. Initials: 13 Initials: , 1 1 r (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, 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 of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as 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 of the United States, or any other country. (d) 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. 14. 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 party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVER" ITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. BREACH. If either party hereto breaches any provision hereof, the other 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. The non-breaching party shall be entitled to recover from the 14 Initials: _ Initials: breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. 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 reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall 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 declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT 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. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her Initials: l 15 Initials: _G I a , own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. lJ `' Awnss WITNESS Initials: 16 Initials: -?l # COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared ELAINE NISSLEY HARDIN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2007. day of Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF C?Arn6,e A Q n O BEFORE ME, the undersigned authority, on this day personally appeared RON HARDIN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this y day of avo1 COMMONWEALTH OF PENNSYLVANIA Notarial Seel Leda M. Gould, Notary PU* Notary Public in and for Sh wwatown Boro, C W(bedwd County Commonwealth of Pennsylvania My Cor meson B#m Apr: 29, 2006 Typed or printed name of Notary: Member, Pennsylvania Association Of Notaries Initials: Leol g `M. GpuAl j My commission expires: f , OUg 17 Initials: _ ?j r COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared ELAINE NISSLEY HARDIN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2007. s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CM +M6e r-1 Q n J day of Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: BEFORE ME, the undersigned authority, on this day personally appeared RON HARDIN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of QU ? 1 , 0001 COMMONWEALTH OF PENNSYLVANIA NOW W Sod 9ML V. JnA? Leda M, Gould, Notary Public Notary Public in and for St>iremer>stawlt Born, CWrbWW d County Commonwealth of Pennsylvania My Cooxrrss W Expires Apr. 29- 2" Typed or printed name of Notary: Member, Pennsylvania Association Of Notaries L ezo1 i fn. GoLJJ My commission expires: r , 6 0 0 Initials: 17 Initials: - ;I k 'C7 .;: '? CD ELAINE NISSLEY HARDIN, Plaintiff V. RON HARDIN, Defendant IN THE COURT OF COLON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6195 CIVIL TERM CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVICE I, Ron Hardin, accept service of the Divorce Complaint in the above captioned matter. Dated: 420 PREEN NEWV LLE, DEFENDANT arnlivv rkutiu PA 17241 ? ` ? r rY i y.? Y^ ?? p , CO :] - ELAINE NISSLEY HARDIN, Plaintiff V. RON HARDIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6195 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 23, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7 a ? C:. { ELAINE NISSLEY HARDIN, Plaintiff V. RON HARDIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6195 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C? DATED: ? 4`i? ? r_. yam. 'TI '7; F Q fi ELAINE NISSLEY HARDIN, Plaintiff VS. RON HARDIN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-6195 CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 23, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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. 4. 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. Dated: 317 N?' Signature: Elaine Nissl Hardin CID OD ELAINE NISSLEY HARDIN, Plaintiff VS. RON HARDIN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-6195 CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses 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. 4. I verify that the statements made in this Affidavit are true and convect. 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 ` 62? e% Dated: 3 7 0 y Signature: G ? -k I yzJ4, / ? Elaine Nissley 11ardin r? - ?? ? ? ? ?;" - -? - ? ?, ?-'_. ? ?? -? t '"U _?? L ?:t Q .y CEO ELAINE NISSLEY HARDIN, Plaintiff VS. RON HARDIN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-6195 CIVIL ACTION - AT LAW 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on October 25, 2007. See Acceptance of Service being filed simultaneously herewith. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Elaine Nissley Hardin, Plaintiff, on March 7, 2008; by Ron Hardin, Defendant, on March 4, 2008. 4. Related claims pending: Settled by Agreement dated March 7, 2008. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. By: . JE B. COSTOPOULOS, ESQUlk-E Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / Telephone No. (717) 221-0900 Dated: ? 1Z( ey Attorney for Plaintiff C> a C"--j 0 kF , C -v :f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ELAINE NISSLEY HARDIN, -~ Plaintiff VERSUS RON HARDIN ) Defendant No. 2007-6195 CIVIL TERM DECREE IN DIVORCE AND NOW, /YJ tit I r , L°D'f' , IT IS ORDERED AND DECREED THAT ELAINE NISSLEY HARDIN , PLAINTIFF, AND RON HARDIN ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the terms, provisions and conditions of a certain ijivorce aememeni Agreement petween the parties dated March 7, 2008, are hereby incorporated in this Decree in Divorce by refe-renee as though fully set forth herein at length. BY :7/, URT: ATTES J PROTHONOTARY .?, . y,?? '? ELAINE NISSLEY HARDIN, Plaintiff VS. RON HARDIN, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-6195 : CIVIL ACTION - AT LAW : DIVORCE NOTICE OF INTENT TO RETAKE PRIOR NAME Notice is hereby given that ELAINE NISSLEY HARDIN, Plaintiff in the above-captioned matter, having been granted a Final Decree in Divorce on March 18, 2008, hereby elects to retake and hereafter use her previous name of ELAINE RUTH NISSLEY, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1809, 54 Pa. C.S.A. §704. Elaine Nissley ardin TO BE KNOWN AS: Elaine Ruth Nissley COMMONWEALTH OF PENNSYLVANIA COUNTY OF LeAaDJ _ BEFORE ME, the undersigned authority, on this day personally appeared Elaine Nissley Hardin, to be known as Elaine Ruth Nissley, known to me to be the person who executed the foregoing instivment, and who acknowledged to me that she executed same for the purposes and consid t?c??ps therein expressed. GIVE UNDER MY HAND AND SEAL OF OFFIC this cam' da of (1[(1 , 2008. Inz 1 ) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 20, 2009 he in and for ealth of Pennsylvania printed name of Notary: My commission expires: o. J Q ?J ti W ?c R G ;., ice}- cx? -_j t„d t>J C_r. Z rn? ,_w