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HomeMy WebLinkAbout03-5403IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN M. RORKE, : Plaintiff : crvm AC ?ION - LAW NO. 2003- JEFFERY A. BASEHORE, Defendant 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 mayproceed 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 reliefrequested in these papers bythe 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 maniage counseling. A hst of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor fi~om the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the &ate on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ERIN M. RORKE, Plaintiff JEFFERY A. BASEHORE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW NO. 2003-.~,~qO3 IN DIVORCE COMPLAINT IN DIVORCE, '~'~da ofOctob r 2 ANDNOW, this 13 y e, 003 comes Plaintiff, ErinM. Rorke, byandthrough her attorneys, Hanff & Knight, P.C., and files the following Complah~t in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Erin M. Rorke, who resides at 53 Heritage Drive, Gettysburg, Adams County, Pennsylvania 17325. 2. The Defendant is Jeffery A. Basehore, who resides at 530 Diehl Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant are suijuris, and both have been bona fide residents of the Commonwealth of Pennsylvania for aperiod of more than six (6) months immediatelypreceding the filing of this Complaint in Divorce. The parties were married on April 13, 1996, in Mecharficsburg, Cumberland County, Pennsylvania. 5. The marriage is irretrievablybroken. The foregoing :['acts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiffhas been advised of the availability of counseling, and that the Plaintiffmay have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT KNIGHT, P.C. Mic ael J. Hanft, Esquire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the Complaint in Divorce. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the pe:aalties of 18 Pa. C.S.~04 relating to unswom falsification to authorities, which provides that if I m~~alse averments, I may be subject to criminal penalties~,.._~_-~~~J % ERIN M. RORKE, Plaintiff JEFFERV; A.'BASEH~RE, Defendapt 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 5403 CIVIL TERM 1N DIVORCE ACCEPTANCE OF SERVICE I, Jeffe~ A. Ba: of the Complaint filed Dated: lO/Zt~t/tS.~ ehore, the Defendant in the above captioned matter, hereby accept service n the above captioned matter. jeffery A~.~qase~ore MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 8th day of December, 2003, by and between JEFFERY A. BASEHORE of Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and ERIN M. RORKE of Gettysburg, Adams County, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on April 13, 1996, at Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since September 22, 2003; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital fights and obligations, and make an equitable distribution of their marital property; WHEREAS, there are two (2) children of the marriage: Rebecca B. Basehore, bom September 14, 1996, and Michael J. Basehore, bom September 5, 1999; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective fights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division o ftheir jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: JAB ~ EMR Page 1 of 9 ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. Page 2 of 9 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divome judgnnent or decree if or whenever sought by any of the parties hereto. It is understood by the parties ttmt a divorce complaint has been flied in the Court of Common Pleas o f Cumberland County at docket number 2003-5403 Civil Term. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their mahtal property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession o fall personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife' s employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Page 3 of 9 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 The Parties agree that their interest as tenants by the entireties in that parcel of real estate at 53 Heritage Drive, Gettysburg, Adams County, Pennsylvania, shall remain jointly held and shall be held as joint tenants with rights of survivorship. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 The Parties hereby agree that Wife shall carry Husband on her health insurance coverage as long as Husband is eligible. 4.3 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pem~sylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in ~vhich the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 JAB/~ EMR ~ Page 4 of 9 The Parties agree that each party shall be responsible for his or her own student loans separately and individually and each party indemnifies and holds harmless the other for any and all such student loans. Each party who incurred student loan debt shall be responsible for the payment thereof. 5.3 The Lowe's Credit Card Account in Wife's name shall remain solely in her name. Wife agrees that she shall be responsible for the Lowe's Credit Card Account and shall indemnify husband and hold him harmless for any debt on the Lowe's Credit Card Account. 5.4 The PSECU Visa Credit Card Account (hereinafter "PSECU Account") held jointly by the parties shall continue to be held jointly until the parties mutually agree to do otherwise. The parties agree to cooperate in the management, maintenance, and payment of the PSECU Account. 5.5 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. It is the intention of the parties that the 1990 Honda Accord shall be transferred solely to Wife. It is the further intention of the Parties that the 1987 Nissan Pickup Truck shall be transferred solely to Husband. ARTICLE VI: CUSTODY AND SUPPORT OF CHILDREN 6.1 The parties agree to shared legal and physical custody of the children of the marriage. Both Husband and Wife shall be responsible for the day to day decisions when they have custody of the children. Neither party has the right to make a unilateral decision of the following major issues: Education; Medical treatment (other than emergency treatment); and General welfare. It is agreed between the parties that any decisions on these issues will be made jointly. 6.2 Each party agrees to keep the other apprized of any and all matters relating to the children's health, education, welfare, and activities. 6.3 Wife shall have primary physical custody of the children, subject to such reasonable temporary custody and visitation rights of Husband. JAB Page 5 of 9 6.4 a. The parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of the children for any holiday or extended vacation period. b. It is the intent of the parties that transportation of the children between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. It is recognized that transportation will obviously be dependent upon each parties' personal circumstances and employment. 6.5 Husband and Wife acknowledge their obligation to contribute to the support of their children. a. The Parties hereby agree that Wife shall carry the children on her health insurance coverage as long as the children are eligible. b. The parties agree that they will equally share in any unreimbursed medical expenses incurred for the care of any of their children pursuant to subsection (a) above. c. The parties agree to equally share all costs of child care paid for purposes of maintaining their employment or appropriate education in pursuit of income. 6.6 Beginning with the tax year that ends December 31, 2003, the parties hereby agree that for Income Tax purposes, Wife shall claim the children as Dependents. ARTICLE VII: MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained or have had the opportunity to retain independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the cimmnstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties agree and consent to the fact that Michael J. Hanft, Esquire, of Hanft & Knight, P.C. represents Wife. Husband has had the opportunity to retain independent legal counsel. 7.2 JAB 4~ EMR~~ Page 6 of 9 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or tmder the intestate laws, or the right to take against the spouse's will; or the fight 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(a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 7.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. JAB~ EM~ Page7 of 9 7.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 7.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties dt~ng marriage. EMR~ Page 8 of 9 7.11 In the event eitherparty to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 7.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained byboth of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 7.13 The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 1N WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: Erin M. Rorke Page 9 of 9 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN M. RORKE, Plaintiff JEFFERY A. BASEHORE, Defendant CIVIL ACTION - LAW NO. 2003- 5403 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ) : SS. ) A Complaint in divorce under Section 3301(c) of the Divome Code was filed on October 13, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divome after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that 1 may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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., Section 4904 relating to unsworn falsification to authorities.~~ ~'_...._..~ Sworn to and subscribed before me this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERiN M. RORKE, Plaintiff JEFFERY A. BASEHORE, Defendant CIVIL AC'lION - LAW NO. 2003- 5403 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ) : SS. ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 13, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of thc 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 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and 1 participate in counseling prior to a Divorce Decree being handed down by the Court. i verify that the statements made in this affidavit are true and correct. I understand tha!~ statements herein are made subject to the penalties of l 8 Pa. C. S., Section 4~~'~om Date: ~ 1~ ,2004 ~ ~ ~ Erin ~ ~rke Sworn to and su. bs~ribed before me this ]33~2~ ~day of ~O(~/.Oq , 2004. Dolly M. Housel, No,ap/Public ~ Middleton Twp., Cumbedan~ My Commission Expires Sept. 24, 2006 Member. Pennsylvania Assodation Of Notaries 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERiN M, RORKE, Plaintiff V. JEFFERY A. BASEHORE, Defendant CIVIL ACTION - LAW NO. 2003- 5403 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI 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 unsworn Date:falsificati°n to authorities. ~~' Erin M. Rorke IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN M. RORKE, Plaintiff JEFFERY A. BASEHORE, Defendant CIVIL ACTION - LAW NO. 2003- 5403 CIVIL TERM IN D1VORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C~ OF TIlE 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 ifI 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 unswom falsification to authorities. Jeffery'J(fBr~ e~ore ERIN M. RORKE, Plaintiff JEFFERY A. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-5403 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 Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: hand delivery on October 24, 2003. 3. Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301 (c) of the Divorce Code; February 13, 2004; by the Defendant; February 13, 2004. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: February 13, 2004. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 13, 2004. Date:Zll~]O+ HANF)' & KNIGHT, P.C. Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 -9 142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS ERIN M. RORKE, OF CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff NO. 2003-5403 VERSUS JEFFERY A. BASEHORE, Defendant AND NOW, DECREED THAT DECREE IN DIVORCE ERIN M. RORKE ,2004 , IT ]$ ORDERED AND PLAINTIFF, AND JEFFERY A. BASEHORE , 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; The Separation and Property Settlement Aqreement dated December 8, 2003, is incorporated by referenc~ BY T~ ATTEST: PROTHONOTARY