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HomeMy WebLinkAbout03-5616 Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYL V AN1A CATHERINE M. SINGLETON, v. CIVIL ACTION - LAW ~ NO. C3 -.c:~ll... Cio~L I~ WILLIAM M. SINGLETON, JR., Defendant NOTICE TO DEFEND AND CLAIM RIGHTS TO: Williarn M. Singleton, Jr. 225 Essex Street Marietta, PA 17547 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. 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 Curnberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 29004).1 Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CATHERINE M. SINGLETON, v. CNIL ACTION - LAW NO. oj - .,-/PI' WILLIAM M. SINGLETON, JR., Defendant COMPLAINT UNDER & 3301 OF THE DIVORCE CODE I. Plaintiff is Catherine M. Singleton who currently resides at 6263 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is William M. Singleton, Jr., who currently resides at 225 Essex Street, Marietta, Lancaster County, Pennsylvania, 17547. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on June 10, 2000. 5. 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. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there is no children born of the marriage. 290043.1 COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER 1\ 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date ofthe filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, ifboth parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to ~ 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER 1\ 3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage ofthe parties is irretrievably broken. 14. The parties have been living separate and apart since May 29,2003; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in ~ 3301(d) of the Divorce Code. 290043-1 WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 9 3301(d) of the Divorce Code. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. (_.L- Andrew C. Spears Supreme Court LD. No. 87737 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: \ \)- ~') -C)~ 290043-1 VERIFICATION I, Catherine M. Singleton, verify that the statements made in the foregoing Complaint for Custody 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. ~ 1f).-J~ Catherine M. Singleton Dated: \G -\~ - Q~ 290043-1 A:J~~ ~ \ ~ ~ - ~ (j 10 ~ ~ t ~ ' -z:-- " ( -) , . ~ ,., <.) Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CATHERINE M. SINGLETON, v. CNIL ACTION - LAW NO. () '1 510 It, WILLIAM M. SINGLETON, JR., Defendant ACCEPTANCE OF SERVICE: I, Jeffrey S. Shank, Esquire, counsel for Defendant, William M. Singleton, Jr., hereby certify that I am authorized to accept service of a Divorce Complaint on behalf of my client and do so this 5"~ay of If ;.;~ 2003. GINGRICH, SMITH, KLINGENSMITH & DOLAN Jeffrey S. Shank, Esquire 222 South Market Street Suite 201 Elizabethtown, P A 17022 5, Q tt 'l'h'tJ ) Attorney for Defendant 291935-1 2 0 0 W .." s: .... .-! ""Ocr.; 6 : .~.' ."'"l rnq=' ..c.: :)l~ Z.", ".g?;l :zc N u:> .. ,2,(",). ;..( ~~ !:2c' -"tJ _.,,_"r. ..,..-" ~( z '.-;0 ~( ~ ';,,",.c:fn L ~ ~_.-- ""- <- '.Jl :0 ::;! J;:" -< , CATHERINE M. SINGLETON, Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYL V ANlA v. CNIL ACTION - LAW NO. 03-5616 WILLIAM M. SINGLETON, JR., Defendant NOTICE TO DEFEND AND CLAIM RIGHTS TO: William M. Singleton, Jr. c/o Jeffrey S. Shank, Esquire Gingrich, Smith, Klingensmith & Dolan 222 South Market Street Suite 201 Elizabethtown, P A 17022 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 tail 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. When the ground for divorce is indignities or irretrievable breakdown of the maniage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 290043-1 Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CATHERINE M. SINGLETON, v. CNIL ACTION - LAW NO. 03-5616 WILLIAM M. SINGLETON, JR., Defendant AMENDED COMPLAINT UNDER !l3301 OF THE DlVORCE CODE I. Plaintiff is Catherine M. Singleton who currently resides at 6263 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is William M. Singleton, Jr., has relocated to an unknown address in Maryland. The address of his attorney, Jeffrey S. Shank:, Esquire, is Gingrich, Smith, Klingensmith & Dolan, 222 South Market Street, Suite 201, Elizabethtown, P A, 17022. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on June 10, 2000. 5. Neither Plaintiff nor Defendant is in the military or naval service ofthe United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of 1940 and Its Amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 290043.] 7. The Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there is no children born of the marriage. COUNT I REQUEST FOR A NO-F AUL T DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage ofthe parties is irretrievably broken. II. After ninety (90) days have elapsed from the date ofthe filing and service ofthis Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to ~ 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER & 3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 290043-1 13. The marriage of the parties is irretrievably broken. 14. The parties have been living separate and apart since May 29, 2003; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in S 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to S 3301(d) of the Divorce Code. COUNT III REQUEST FOR FAULT DIVORCE UNDER SECTION 3301(a) OF THE DIVORCE CODE 15. The averments of Paragraphs I through 14 hereof are incorporated herein by reference. 16. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to S 3301(a) of the Divorce Code to Plaintiff, the innocent and injured spouse. COUNT IV EQUITABLE DISTRIBUTION 17. The averments of Paragraphs I through 17 hereof are incorporated herein by reference. 290043.1 18. During the marriage the parties acquired marital property, assets and debts which Plaintiff requests the court equitably distribute and assign. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to ~ 3301(a) of the Divorce Code to Plaintiff, the innocent and injured spouse. In addition, Plaintiff requests that this Court enter an Order equitably distributing marital property and any such other Orders as are appropriate and just. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. C Andrew C. Spears Supreme Court I.D. No. 87737 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: ~-\'b- -'i)~ 290043.1 VERIFICATION I, Catherine M. Singleton, verify that the statements made in the foregoing Amended Divorce Complaint 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. g4904, relating to unsworn falsification to authorities. L?~ -1'f1~~M- Catherine M. Singletob Dated: 8/11 101./ 290043-1 7d {J -e ~ 7- 0 - I\s 0 ~ G"- 0- :0 ~ r r~ (') (-~'. ctJ{~ , :;,;-< -CD -: ~,_._, ,",.J 5;2: -;;.' :::J. -< ....., = = ~- :x :xc- -;;0 N U1 o -n =;:J -- ::!J ~hi g~ (~=-p .~>? ( ) ""m L,,1 ..-, -;r: -,-::' +< :r? - <-" \D CATHERINE M. SINGLETON, IN THE COURT OF COMMON PLEAS DAUPHn~COUNTY,PENNSYLVANlA Plaintiff v. NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., CIVIL ACTION - LAW Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By: c - Andrew C. Spears, Esquire 3211 N. Front Street Harrisburg, PA 7110 (717) 238-8187 Attorney for Plaintiff Dated: May 7, 2004 304415.1 0 ,...., 0 = c = -n ~::: ..,- -Cl-r; ::;: :i! 'J)l ". fn :!J -< , 'TIm en :D6 -<' 0 Q, ~ -r""~ ..,., ."'-:u " ,"- ::;;: ~)o ."./'-, " :F- ;~-~ <:? ~rn ~ N ~ -< Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CATHERINE M. SINGLETON, v. CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff Catherine M. Singleton in the above-captioned divorce action, hereby certify that a true and correct copy of the Amended Complaint in Divorce was served upon Defendant's counsel, Jeffrey S. Shank, Esquire, on May 20, 2004. Attached hereto, marked as Exhibit A, and incorporated herein by reference, is the Acceptance of Service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By c~ Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~ . d~ - \J L..-L 299075-/ Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUNIBERLAND COUNTY PENNSYLVANIA CATHERINE M. SINGLETON, v. CIVIL ACTION - LAW NO.J23~ 56/6 WILLIAM M. SINGLETON, JR., Defendant ACCEPTANCE OF SERVICE I, Jeffrey S. Shank, Esquire, counsel for Defendant, William M. Singleton, Jr., hereby certify that I am authorized to accept service of an Amended Divorce Complaint on behalf of my client and 1P do so this ~ day of ~ ,2004. GINGRICH, SMITH, KLINGENSMITH & DOLAN ~J Jeffrey S. Shank, Esquire 222 South Market Street Suite 201 Elizabethtown, P A 17022 Attorney for Defendant 291935-1 .....~ ~ . ,,' L', fl i ;~, ~~ ~>-' ~.;~( ~'""" ~~t-, , - -~7 ~ o ,;~ ....., = = .r- ::!l: """ -< N -' o ..., :::;J m:IJ r- -om :D9 9(~ x:p fc?(~ C")ITI ;~.~ ...~. ....J -~ ::0 -.;; ":':' N Ul Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CATHERINE M. SINGLETON, v. CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ~ -In. ,d' f.-J:r Catherine M. Singlleton ~ 299082-1 ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets in the following pages. (x) 1. (x) 2. ( ) 3. ( ) 4. ( ) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. ( ) 18. ( ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. (x) 24. (x) 25. ( ) 26. 299082-1 Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, workmen's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personality (include as a total category and attach itemized list of distribution of such assets in dispute Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have legal or equitable interest individually or with any other person as of the date this action was commenced. Names Item Description of All No. of Propertv Owners 1. 1 House - 225 Essex St., Marietta, PA Catherine Hughes Singleton 2. 2 1993 Toyota 4 Runner Catherine Hughes Singleton! William Singleton, Jr. 3. 3 1999 Ford FI50 Catherine Singleton 4. 4 1994 Chevy Suburban Catherine Singleton 299082. / NONMARITAL PROPERT'~ Plaintiff lists all property in which a Spouse has a legal or equitable interest which is claimed to be excluded from marital property. Item No. 1. I 2. 2 299082_/ Description of Property 1984 Mazda KX7 Names of All Owners Reason for Exclusion Catherine Hughes Singleton Owned prior to marriage; parties have agreed to keep separate 1988 Honda Accord William Singleton, Jr. Gift from mother; parties agreed to keep separat Description of Pro pert v House ~ 225 Essex Street Marietta, P A 299082-1 PROPERTY TRANSFERRlm Date of Transfer 2/13/04 Consideration Sold Person to Whom Transferred Craig & Kay-Dee Fry LIABILITIES Names Names Item Description of All of All No. of Property Creditors Debtors 1. I Visa - $23,585 Bank One 2. 2 Visa - $237 MBNA America 3. 3 MasterCard - $2,567 AT&T Universal 4. 4 Visa - $5279 Belco 5. 5 Auto Loan - $5,500 Belco Toyota 4-Runner 6. 6 Auto Loan - $7,740 Belco Chevy Suburban 7. 7 Auto Loan - $13,500 Citizens Bank Ford FI50 299082_1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certifY that I served a true and Correct copy ofthe Inventory of Plaintiff Catherine Singleton with reference to the foregoing action by first class mail, postage prepaid, this q \1,." day of ~\>-I _, 2004, on the following: Jeffrey S. Shank, Esquire Gingrich, Smith, Klingensmith & Dolan 222 South Market Street Suite 201 Elizabethtown, P A 17022 METZGER, WICKERSHAM:, KNAUSS & ERB, P.c. c. ______- Andrew C. Spears, Esquire 299082_1 0 ....., ~ = c; = 0"," -- <- s:J c: n1 :!J ;:=. -olTi ...... -01: (::>0 =2''-' -0 -:'~- " -() ( ) --~ =:.: '-"'1'"'('") '1;. ~~, W (Scr1 ....1 Z -,:;.. :2 :-J:J ..,- '< CATHERINE M. SINGLETON, Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant INCOME AND EXPENSE STATEMI~NT OF PLAINTIFF CATHERINE SINGLJnON Employer: ITT Technical Institute Address: 5020 Louise Drive Type of Work: Instructor Payroll Number: 02895 Pay Period (weekly, biweekly, etc.): Biweeklv GROSS PAY PER PERIOD: 1,242.46 Itemized Payroll Deductions: Federal Withholding: 124.23 Social Security: 70.67 Medicare: 16.53 Local Wage Tax: 12.42 State Income Tax: 38.14 Unemployment Tax: 1.11 Retirement: 0 Savings Bonds: 0 Credit Union: 0 life Insurance: 0 Health Insurance: 102.70 Other: (specify) NET PAY PER PAY PERIOD: 876.66 Document #: 264854.1 OTHER INCOME: WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Compo Workmen's Compo TOTAL OTHER INCOME: 0 TOTAL MONTHLY NET INCOME: 876.66 Document #: 264854.1 EXPENSES WEEKLY MONrHL Y YEARLY HOME: Mortgage/rent 700.00 Maintenance Repairs UTILITIES: Electric 90.00 Gas Oil Telephone 40.00 - Water 42.00 Sewer/Garbage 34.00 EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate Personal Property Income INSURANCE: Homeowners 10.00 125.00 Automobile 72.00 860.00 Life Accident Health Other Document #: 264854.1 AUTOMOBILE: Payments 140.00 Fuel 100.00 Repairs Maintenance Licenses 12.00 150.00 Registration Auto Club 36.00 MEDICAL: Doctor Dentist Orthodontist Hospital Medicine Special needs 120.00 120.00 (glasses, braces, orthopedic devices) EDUCATION: Private school Parochial school College Religious School lunches Books/misc. Document #: 264854.1 PERSONAL: Clothing 25.00 300.00 Food 300.00 Barber/hairdresser Personal care 20.00 Laundry/dry cleaning 20.00 Hobbies Memberships CREDIT PAYMENTS: Credit card 695.00 Charge account LOANS OR DEBTS: Credit Union MISCELLANEOUS: Household help Child care Camp Pet expense Papers/books/ magazines Entertainment Pay TV 40.00 Vacation Gifts Legal fees 100.00 Charitable Contributions Document #: 264854.1 Religious Memberships (Tithing) Children's Allowances Other Child Support Alimony payments Lessons for Children OTHER: TOTAL EXPENSES 2,488.00 Document #: 264854.1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Income and Expenses of Plaintiff Catherine Singleton with reference to the foregoing action by first class mail, postage prepaid, this ~ day of ~ '^ , 2004, on the following: - Jeffrey S. Shank, Esquire Gingrich, Smith, Klingensmith & Dolan 222 South Market Street Suite 201 Elizabethtown, P A 17022 METZGER, WICKERSHAJIA, KNAUSS & ERB, P.C. ---- - Andrew C. Spears, Esquire (A Document #: 264854.1 (") ..... ~ = c- = \,.-- "'- ,- ~ c:: m:Il z r- -om ...- on? So ..,., :1: =+1 - . ::i: q("~) ( cjm );. , '-!! :,:~! ~ ';:U ...- '< Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA CATHERINE M. SINGLETON, v. CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant MOTION FOR APPOINTMENT OF MASTER AND NOW, Catherine M. Singleton, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (x) ( ) ( ) ( ) (x) Divorce Annulment Alimony Alimony Pendente Lite Indignities (x) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the claim(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by his attorney, Jeffrey S. Shank, Esquire. (3) The statutory grounds for divorce are 3301(a)(6), 3301(c) and 3301(d) of the Pennsylvania Divorce Code. 299075-1 (4) The action is contested with respect to the following claim: (a) Divorce (b) Distribution of Property (c) Indignities (5) The action does not involve complex issues oflaw or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the motion: Nt A METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By G~~ J Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: <c- dh-OL-\ 299075-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMet2ger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Motion for Appointment of Divorce Master with reference to the foregoing action by first class mail, postage prepaid, this r-?~y of /'"\ CWfyd , 2004, on the following: Jeffrey S. Shank, Esquire Gingrich, Smith, Klingensmith & Dolan 222 South Market Street Suite 201 Elizabethtown, P A 17022 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. (.o_c ~~ / Andrew C. Spears, sqUire 299075./ r-~ c-.> , ~"':.) <:::-.: ,-) "'il .-.j ~]: ,1 nl:"-' -,.,f'....., <;C:, ":;;~-'2 -J~- -:ri (..),;) . 7'. '.""1 ::'jl ~.! (.; (.' C) ...\ CATHERINE M. SINGLETON, Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant ORDER APPOINTING MASTER AND NOW, this ?tJ ~~1~04' c?~ dd~. Esquire, is appointed Master with respect to the following claims: divorce. and distribution of property. BY THE COURT: P J. 299075-1 V~i\1~I\T~5~~N.?i:,1 lJl-Jn((1 '-,~ ":~:~~:V~n8 L I :8 \.!d OS :Jnv ~nOl Ati\llONOH10cid 3\-\1 :l0 OK)\:l:lO-D31I:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs ) ) ) ) ) ) ) No.03-5616-CIVIL CATHERINE M. SINGLETON, Plaintiff WILLIAM M. SINGLETON, JR., Defendant PETITION FOR INJUNCTIVE RELIEF CALLING FOR THE TRANSFER OF VEHICLES PURSUANT TO ~3323(f) OF THE DIVORCE CODE The Defendant, by and through his attorney, Jeffrey S. Shank, Esquire, of Gingrich, Smith, Klingensmith & Dolan files the within Petition for Special Relief, and in support thereof avers as follows: 1. Your Defendant, William M. Singleton, Jr., (Husband) is an adult individual appearing in this action by and through his attorney, Jeffrey S. Shank, Esquire of Gingrich, Smith, Klingensmith & Dolan. 2. The Respondent is Catherine M. Singleton, (Wife) an adult individual appearing in this action by and through her attorney Andrew S. Spears, Esquire. 3. The within action has been assigned to a divorce master for disposition. 4. Pending assignment to the divorce master, both parties, by and through counsel have exchanged information and have discussed matters of settlement. 5. At issue, in addition to the division of substantial marital debt, is the transfer of certain vehicles from Wife to Husband, to which Husband has enjoyed possession and at least one vehicle is a business vehicle for Husband's self-employment contracting work. Specifically, at issue is a 1996 Suburban and 1999 F150 pick-up truck. 6. It is believed and therefore averred that when the vehicles were purchased during the marriage, they were purchased solely in Wife's name because of Husband's prior bankruptcy. 7. Since separation Husband has exclusively maintained both vehicles, has made all of the monthly payments. Moreover, and based upon an understanding that title to the vehicles will be transferred to Husband, Husband successfully secured loans in his own name paying offthe loans for the vehicles in Wife's name. 8. It is believed and therefore averred the loans for the vehicles in Wife's name have actually been paid off. It is believed and therefore averred the lender for Husband's loans mailed title to the vehicles to Wife for transfer so Husband's lender can properly collateralize the loans. 9. The transactions closed in June 2004 and to date Wife has refused to transfer title. 10. It is believed and therefore averred the vehicles, due to the loan amounts, sit in a negative equity position and there is no prejudice to Wife to transfer the vehicles pending divorce. 11. Husband has been unable to legally register the vehicles in his home State of Maryland because Wife has refused to transfer title. At least one vehicle is needed for work purposes and the other vehicle is for personal use. 12. The divorce code provides the Court broad equitable powers to afford reliefto parties pending divorce. Specifically, 93323(f) provides as follows: 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 act, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the Court has jurisdiction and who is involved in or concerned with the disposition of the cause. 13. The relief as requested is warranted and consistent with fairness and justice. WHEREFORE, the undersigned respectfully requests this Honorable Court enter the Order as proposed or in the alternative enter a Rule Returnable as proposed. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: I,ft};i ~ ,/ h J ~, Esquire, ID#74471 ~Attorney for Defendant/Husband 222 South Market Street, Suite 201 Elizabethtown, P A 17022 717-367-1370 VERIFICATION I, William M. Singleton, Jr., verify that the statements made in this Petition for Injunctive Relief are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1/ /2/ fJt!- rJJI6,;, -11/ William Nf c~ ( . ..,"i .~. r--.:l ..-'"'~ ~:.;..:) ,- o -1"1 :::-:! ,L "1' t t1-.J i .-- on fTl ~.-_! C.) ~ .~~; () ; - - i, J.- :i2 ) ." :_:j~\~ :. ,,~ "':~ ..~~ :'~.-: ,-"..J "'1-'.: WI :.:1 Q o IN THE COURT OF COMMON PLEAS OF CUMBERLAl\rn COUNTY, PENNSYL VANIA CIVIL ACTION - LAW CATHERINE M. SINGLETON, Plaintiff vs ) ) ) ) ) ) ) No.03-5616-CIVIL WILLIAM M. SINGLETON, JR., Defendant PETITION FOR INJUNCTIVE RELIEF CALLING FOR THE TRANSFER OF VEHICLES PURSUANT TO ~3323(t) OF THE DIVORCE CODE The Defendant, by and through his attorney, Jeffrey S. Shank, Esquire, of Gingrich, Smith, Klingensmith & Dolan files the within Petition for Special Relief, and in support thereof avers as follows: 1. Your Defendant, William M. Singleton, Jr., (Husband) is an adult individual appearing in this action by and through his attorney, Jeffrey S. Shank, Esquire of Gingrich, Smith, Klingensmith & Dolan. 2. The Respondent is Catherine M. Singleton, (Wife) an adult individual appearing in this action by and through her attorney Andrew S. Spears, Esquire. 3. The within action has been assigned to a divorce master for disposition. 4. Pending assignment to the divorce master, both paIiies, by and through counsel have exchanged information and have discussed matters of settlement. 5. At issue, in addition to the division of substantial marital debt, is the transfer of certain vehicles from Wife to Husband, to which Husband has enjoyed possession and at least one vehicle is a business vehicle for Husband's self-employment contracting work. Specifically, at issue is a 1996 Suburban and 1999 F150 pick-up truck. 6. It is believed and therefore averred that when the vehicles were purchased during the marriage, they were purchased solely in Wife's name because of Husband' s prior bankruptcy. 7. Since separation Husband has exclusively maintained both vehicles, has made all of the monthly payments. Moreover, and based upon an understanding that title to the vehicles will be transferred to Husband, Husband successfully secured loans in his own name paying offthe loans for the vehicles in Wife's name. 8. It is believed and therefore averred the loans for the vehicles in Wife's name have actually been paid off. It is believed and therefore averred the lender for Husband's loans mailed title to the vehicles to Wife for transfer so Husband's lender can properly collateralize the loans. 9. The transactions closed in June 2004 and to date Wife has refused to transfer title. 10. It is believed and therefore averred the vehicles:. due to the loan amounts, sit in a negative equity position and there is no prejudice to Wife to transfer the vehicles pending divorce. 11. Husband has been unable to legally register the vehicles in his home State of Maryland because Wife has refused to transfer title. At least one vehicle is needed for work purposes and the other vehicle is for personal use. 12. The divorce code provides the Court broad equitable powers to afford reliefto parties pending divorce. Specifically, g3323(f) provides as follows: 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 act, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the Court has jurisdiction and who is involved in or concerned with the disposition of the cause. 13. The relief as requested is warranted and consistent with fairness and justice. WHEREFORE, the undersigned respectfully requests this Honorable Court enter the Order as proposed or in the alternative enter a Rule Returnable as proposed. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: I'f~i ,..- ,-' 0~ J rey S. S , Esquire, ID #74471 ttorney for De[endantlHusband 222 South Market Street, Suite 201 Elizabethtown, P A 17022 717-367-1370 VERIFICATION I, William M. Singleton, Jr., verify that the statements made in this Petition for Injunctive Relief are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /1/2/(/4- iJII4 III ~ William ~. ingl on, J . I~~ V}/.l c~ /'-.) (",..;, \,:'.~:) o -n --\ :T 1> 1"\ ;"~_3. ~T' f";l 1"-_;-,,,1 ';p \.'_1 v' -) 1=-i..J (") ,~") ~n . ' <' 1 r~ W ~ .::..~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs ) ) ) ) ) ) ) No. 03-56 1 6-CIVIL CATHERINE M. SINGLETON, Plaintiff WILLIAM M. SINGLETON, JR., Defendant RULE A Rule is hereby entered upon the Plaintiff to show cause why, if any, the requested relief :>" ", {..... of should not be granted. Rule Returnable in writing within twenty (20) days ofthe date o~this Rule; ,...--R1Il@ Returnable at a 'hp.:lTing scheduled faT the day of . 2004(2005) in Courtroom Nfl af tilt; CUIIlberlancrCounty Courthouse, Onp Cgyrtkstl:5c SY.U<1lt;, Cadi:sk, P A 170lJ-JJ87. - Copies to: v.Jeffrey S. Shank, Esquire (for Defendant) .A\ndrew C. Spears, Esquire (for Plaintiff) J BYTHE co;;L J. \j;\<\,/::',} .~~~\: j'<3,j }J.l~f~l'~' '~',: '.. :u'::?:/'ifrJ +: 0 : J I t.!V 0 t: t\m~ ~ODl ;..~i\~'lCt: 2 3Hl 3:)1:1JJ {j3l~j 1:"'-' ....."--.f CATHERINE M. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ( v. CIVIL ACTION - LA W NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant PLAINTIFFIRESPONDENT'S ANSWER TO DEFENDANTIPETITIONER'S PETITION FOR INJUNCTIVE RELIEF CALLING FOR THE TRANSFER OF VEHICLES PURSUANT TO SECTION 3323(1) OF THE DIVORCE CODE AND NOW comes the PlaintifflRespondent, Catherine M. Singleton, by and through her attorney, Andrew C. Spears, Esquire, and the law firm of Met~ger, Wickersham, Knauss & Erb, P.c., and files this Answer in response to Defendant's Petition for Injunctive Relief and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. By way of further clarification, on August 30, 2004, E. Robert Elicker, Esquire, as appointed as Divorce Master with respect to the following claims: divorce and distribution of property. 4. Admitted in part and denied in part. It is admitted that both parties, by and through counsel, have voluntarily exchanged information and have discussed matters of settlement. It is denied that the assignment to the Divorce Master is pending. Rather, the matter was assigned and the Divorce Master was appointed on August 30, 2004. A pre-trial/settlement conference is currently scheduled in front of the Divorce Master on December 9,2004. 5. Admitted. By way of further clarification, there is approximately $21,906.31 in marital debt which needs to be equitably distributed. 316175 6. Admitted. 7. Denied. On the contrary, there was never any indication given by Wife that the vehicle titles would be transferred to Husband until all of the marital property issues were resolved. Further, Husband took the two vehicles in question out of Pennsylvania to the State of Maryland with him. Both vehicles were registered in Pennsylvania and had insurance with Pennsylvania, all in Wife's name due to Husband's bad credit. This was a clear violation of the Pennsylvania insurance policy as well as the loans to the vehicle issued to Wife through her bank. Wife has no knowledge of whether Husband has successfully secured loans in his own name to pay off the loans which were taken out in Wife's name. 8. Wife lacks knowledge of whether the loans for the vehicles in her name have actually been paid off and said averment is specifically denied. Wife specifically denies that the lender for Husband's loans mailed her title to the vehicles for her to transfer to Husband. Further, Wife does not wish to transfer title of the vehicles until all of the parties' equitable distribution matters have been worked out. 9. It is admitted that Wife will not assign the titles to the two vehicles in question at this date as she does not to accomplish the parties' equitable distribution by piecemeal and wishes to resolve all ofthe outstanding issues fully and completely at one time. 10. Wife lacks the knowledge to form an answer to 1he averments of paragraph 10 so they are therefore specifically denied. 11. Wife lacks the knowledge to form an answer to the averments of paragraph 11 so they are therefore specifically denied. - 2 - 316175 12. Conclusion oflaw, no response required. If a response is required, Section 3323(f) of the Divorce Code speaks for itself. 13. Conclusion of law, no response required. If a response is required, the relief requested is not warranted and consistent with fairness and justice as Wife believes all of the equitable distribution matters need to be worked out fully and completely. Further, a pre-triaVsett1ement conference has already been scheduled in front of Divorce Master Elicker for December 9, 2004. Wife believes that this issue would better be worked out at the settlement conference. WHEREFORE, PlaintifflRespondent respectfully requests that this Honorable Court dismiss DefendantlPetitioner's Petition for Injunctive Relief. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~ (>QAAI'.- 1 Andrew C. Spears, ~ Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~ - 3 - 316175 VERIFICATION I, Catherine M. Singleton, verify that the statements made in the foregoing PlaintifflRespondent's Answer to DefendantlPetitioner's Petition for Injunctive Relief Calling for the Transfer ofVehic1es Pursuant to Section 3323(f) ofthe Divorce Code 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. ~NtJ2... '1>1. ,,!J~ Catherine M. Singleton Dated: 11/17/fA 316175 CERTIFICATE OF SERVIC}~ I, Andrew C. Spears, Esquire, of the law fIrm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Motion for Appointment of Divorce Master with reference to the foregoing action by fIrst class mail, postage prepaid, this ~ "^-- day of al.t~~ ........ , 2004, on the following: Jeffrey S. Shank, Esquire Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 Elizabethtown, P A 17022 ~L~~~ Andrew C. Spears 316/75 . ,",' ... 0 r-v 0 (~.') f= c:;:,,') -, :":1 " r.::l --I '.")- ~-;"~j : I I ("q fh .t' ('"") 1-" ....~"l r"rj .' I t? (j , <~J " I,,. ~ ;;~~ ,., ") ("') , -.,... ." .~, ( .',' r i1 J;- ;;~~ (...) \",.l ,I "'....... .~ :~(J -c( w ..< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHERINE M. SINGLETON, Plaintiff vs ) ) ) ) ) ) ) No.03-5616-CIVIL WILLIAM M. SINGLETON, JR., Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the Petition for Injunctive Relief filed by the Defendant on November 16, 2004 for which a Rule was entered by the Court on or about November 30, 2004 as a result, and due to the fact the parties to the case have reached an agreement, and the same has been reduced to writing and signed by both parties. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: /;jn?r By: J ffrey S. Shank, Esquire, ID #74471 1\ttomey for Defendant 222 South Market Street, Suite 201 Elizabethtown, PA 17022 717-367-1370 ..0, t"-',.J .- '" ," ..~. l"<' ~.:~ CJ -0 :'., ,! C.-1 . . Cj \- C~THERINE ~. SINGLETON, Plaintiff IN THE cOURT OF CO~ON PLE~S OF CU~BERL~ND COUNTY, PENNSYLV~NI~ NO. 03 - 5616 CIVIL vs. IN DIVORCE WILLI~~. SINGLETON, JR.,: Defendant ~ -1l-) l'J'lD NOW, thiS ~ daY of d nsel ~aving entered intO an agreement 2004, the partieS an cou " . t- economic isSueS on December 9, and stipulation resolvlng "e fo' a conference, the agreement and 2004, the date set ~ ha~T~ng been transcribed, and subsequentlY signed bY stipulation "..... and counsel, the appointment of the ~aster is the partieS vacated and counsel can conclude the proceedings bY the filing d .t~ the affidavitS of of a praecipe to transmit the recor Wl" that a final decree in divorce can be consent of the partieS SO entered. BY THE COURT, - GeO cc: ~dreW C. spears ~ttorney for Plaintiff ~ffreY S. Shank ~ttorneY for Defendant ~~ ~o~ \~'\ --, ,.. ~ ~ I \ '~::] t ~1 : I ;:J :11 :J::Q ~JDZ ::c~ ... CATHERINE M. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5616 CIVIL WILLIAM M. SINGLETON, JR.: Defendant IN DIVORCE THE MASTER: Today is Thursday, December 9 2004. This is the date set for a conference in the above captioned divorce proceedings with counsel and the parties. Present in the hearing room are the Plaintiff, Catherine M. Singleton and her counsel Andrew C. Spears. Also present is the Defendant, William M. Singleton, Jr., and his counsel Jeffrey S. Shank. This action was commenced by the filing of a complaint in divorce on October 24, 2003. The complaint raised the ground of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. Subsequently on March 25, 2004, an amended complaint was filed raising a fault ground for divorce and the economic claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and costs. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today by both parties. The divorce will be able to be concluded, therefore, under Section 3301(c) of the Domestic Relations Code. The affidavits and 1 waivers will be filed with the Prothonotary by the Master's office. The Master has been advised that after discussion this morning the parties have reached an agreement with respect to the claim of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement is not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement as placed on the record will be considered the substantive agreement of the parties and when the parties leave the hearing room today they will be bound by the terms of the agreement even though they have not subsequently signed the agreement affirming the terms of settlement as stated on the record. The parties are going to return later this morning to review the draft of the agreement for typographical errors, makes any corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Mc,ster of a completed agreement, the Master will prepare an order vacating his appointment and counsel will then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Shank. 2 MR. SHANK: Thank you. For and in consideration of the mutual promises and waivers and exchanges of the parties, husband and wife agree as follows: 1. Husband will pay to wife $11,000.00 cash; husband will pay $8,500.00 immediately. Husband has instructed his attorney, upon return to his office this afternoon, to issue a check made payable to attorney Andrew Spears in the amount of $8,500.00 and to mail that check immediately today. The balance will be due from husband to wife within thirty (30) days. With regard to the balance that is due for the full consideration, husband's attorney, again, will issue a check drawn on his escrow account made payable to attorney for wife and mail the same within thirty (30) days from today's date. 2. Attorney for wife, upon receipt of the $8,500.00, will hold that money in escrow only to be released to wife upon her presentation to her attorney of signed vehicle titles for the 1996 Suburban and the 1999 Ford F-150 truck which property is hereby set off to husband. Wife has agreed that she will secure those titles today and have them signed and properly notarized and present them to her attorney's office later this afternoon. 3. The parties have divided by their mutual agreement all of their personal property except as provided in this agreement. The 1993 Toyota 4-Runner is set off to wife. The parties acknowledge that there is currently a lien on that vehicle and wife agrees to indemnify and hold harmless husband from any and all claims or demands for payment against the same which may be made against husband. Husband shall sign title to the vehicle to wife upon being presented with the title. It has been determined that wife has ready access to the title to the 1993 Toyota 4-Runner which is set off to her. She will present that title to her attorney. It will be forwarded to husband's co~nsel and husband will immediately sign the same and return it to wife's attorney. 4. The parties agree that the consideration being paid by husband to wife represents full and fair consideration and as a result wife assumes as her sole and separate responsibility payment of the Sears credit card, the AT&T Universal credit card, the BEL CO credit card, the MBNA credit card and the Lowe's credit card. 5. The parties agree that they are waiving any and all 3 claims against the other for spousal support, alimony pendente lite, alimony or counsel fees and costs. 6. The parties agree that each shall be responsible, except as otherwise set forth in this agreement, for any and all debts individually held or in the individual name of husband or wife. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SPEARS: Ms. Singleton, have you heard the terms of the agreement which have been set forth by your husband's attorney? MS. SINGLETON: Yes, I have. MR. SPEARS: Do you agree that those terms represent full and complete settlement of your property issues in your divorce? MS. SINGLETON: Yes. THE MASTER: Do you have any questions? MS. SINGLETON: No, I don't. MR. SHANK: Mr. Singleton, you've heard me recite for the record the agreement that has been negotiated between you and your wife; is that correct? 4 MR. SINGLETON: Yes. MR. SHANK: Is there anything about that agreement that you do not understand? MR. SINGLETON: No. MR. SHANK: You believe that the agreement represents a full and fair agreement to resolve the divorce issues between you and your wife? MR. SINGLETON: Yes. MR. SHANK: And you agree that you have had the opportunity to ask me any questio~s with regard to the agreement? MR. SINGLETON: Right. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: ~~~~. Spears Attorney for Plaintiff DATE: I]. \~\(;)~ ~'h1.~. < j.vC. Catherine~. Singleton 1?/r)rw/((#tll{hfIJr. 5 12/09/2004 09:33 FAX 7172349478 MWK&E 8GB PA 1lJ002 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5616 CML TERM CATHERINE M. SINGLETON, Plaintiff Wll..LIAM M. SINGLETON, JR., Defendant AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under ~ 3301 of the Divorce Code was filed on March 25, 2004, and reinstated on May 10, 2004, and served upon Defendant on May 20, 2004. 2. The marriage of Plaintiff and Defendant is im:triev,lbly broken, and 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 serv;ce of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I wlderstand that any false statements herein are made subject to the penalties of 18 Pa.C.S., ~ 4904, relating to WIswom falsification to authorities. Dated: /,;;./(t!04 ~-(YJ.:x(+ Catherine M. Singleton J17014-1 ':;") trJ S"2 " ". 'It.,.....: ..,:...... j <' .::1" " U _.. L:.) : t:::> " 0"." I, -. (:.:1 c: ., co::') ,...... 12/09/2004 09:33 FAX 7172349478 MWK&E HGB PA III 004 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CNIL ACTION - LAW NO. 03-5616 CIVIL TERM CATHERINE M. SINGLETON, Plaintiff WILLIAM M. SINGLETON, JR., Defendant AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under ~ 3301 of the Divorce Code was filed on March 25, 2004, and reinstated on May) 0,2004, and served upon Defendant on May 20,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and 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 arc true ,lIld correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., ~ 4904, relating to unsworn falsification to authorities. Dat~4:?1t~ 9; 21%>1- ,. ~~ ~~ J J7074./ ~ 0 c,,-') -'on ..1::- .', : :::-1 In . 1 .t:" :,..... c,~ .t:' . -;....1 .--r . . .~, . -> r! 0....' 12/09/2004 09:33 FAX 7172349478 MWK&E HGB PA III 003 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN1A CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM CATHERINE M. SINGLETON, Plaintiff WILLIAM M. SINGLETON, JR., Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER 63301 OF Tm~ DIVORCE CODE 1. I consent to the entry of a final decree of divorce Wiithout notice. 2. I 'Wlderstand 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 divo'ree decree is entered by the Court and that a copy of the decree will be sent to me immediately after ilt 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 falsification to authorities. Dated: I fA I cd 6q ~-1Y1.~.~ Catherine M. Singleton 3/7074-1 t'--' 4.:;:::.1 ~ :.. .) C) '-II :",1 ~- i -;! r:'.~ 1'1 'I "? ~ (-) d' i~ I , C';".,~ r"" 1 t-) r" :1.-..11 C) Jf: -I CJ1 C) 12/09/2004 09:33 FAX 7172349478 MWK&E HGB PA 141005 CATHERINE M. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301 OF 'fIR DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concernin~: alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce i5, granted. 3. I understand that I will not be divorced until a div(Ji1'Ce 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 111le and correct. I understand that false statements herein are made subject to the penalties of 18 Pll.C.S. ~ 4904 relating to unsworn falsification to authorities. Dat~~ ~ tflctJI ~.~~ riI/ ~~ Wit iam M. S glet10 . JJ7074-1 ""'-, (:) c::_:-> c c..> -1"/ ..J:;- ---. :;:1 J 1-=, " I" - -"-"1 "1 ! '" ',:-::1 ,,' i C') ~." I :r,"l. . ~ ~ ( C~:.1 I, I '. --j ':]'1 . .~-:: \C , , , .' CATHERINE M. SINGLETON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant NOTICE OF INTENT TO RETAKE PRIOR NAME Notice is hereby given that Catherine Mary Singleton, Plaintiff in the above-captioned matter, having been granted a Final Decree in Divorce on January 11,2005, hereby elects to retake and hereafter use her previous name of Catherine Mary Hughes, 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. Ct~"-~ 1>~ ,J~,WY Catherine Mary mgleton TO BE KNOWN AS: CNkc~ fYLcJ,.'J 1k,t~~ Catherine Mary Hughes Date: "I'cl/o';, . . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CJ<H~I/)J ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared CATHERINE 1. SINGLETON 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 this ~ day of tf)~~ ,,), ,2005. ONWEAL11"1 OF PEN~YLV^N'l COt<lM NOTARIAL SEAL public \<nn' M, GLASS~~ eaunt'111 S"VSI Spnng TWIlE".nlres Jl'\V 27, 2OQ~,\ M I CO!1lmlss1on .....' - --- b;Y!L Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: /{'i'}y ff) (Jr. ,,'V -r' My commission expires: J:dr Z-) 7c"I.Y:) ?/ ( 70 (.:) ~ ~ --:c tf- \) ()- C> --- ~- r- ul ~ -c: pc C\ .r:. -L :e f- ,'-, ------- ~5 b'}J --",.~---,-,~"-,,,~---,"----"~-""<-"~'--'--'- 12/09/2004 09:33 FAX 7172349478 MWK&E 8GB PA 002 v, IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSY VANIA CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM CATHERINE M. SINGLETON, Plaintiff WILLIAM M. SINGLETON, JR., Defendant AFFIDAVIT OF CONSENT I, An Amended Complaint in Divorce under ~ 3301 of the Divorce Code was iii on March 25, 2004, and reinstated on May 10, 2004, and served upon Defendant on May 20,2004 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) llyS 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 Noli e of Intention to Request Entry of the Decree, I verify that the statements made in this Affidavit are true and correct I understand ilia any false statements herein are made subject to the penalties of 18 Pa.C.S" S 4904, relating to tinS om falsification to authorities, Dated: fi),/q /0'-( &~~ PI. ><l~~,i.A Catherine M, Singleton 3J7074-J " CATHERINE M, SINGLETON, Plaintiff IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENNS LV ANIA v. CNIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR" Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for try 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 Complaint: An Amended Complaint in Divo e was filed on March 25, 2004, reinstated on May 10, 2004, and served on Defen ant on May 20, 2004, by service to Defendant's attorney of record. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of nsent required by Section 3301(c) of the Divorce Code: Plaintiff: Defendant: Executed December 9,2004; filed December 14, 2004 Executed December 9, 2004; filed December 14,2004 (b)(1) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: NA (2) Date of filing and service of the Plaintiff s Affidavit upon the respond t: Filing: NA Service: NA 317627-1 .... 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All (d) State whether any written agreement is to be incorporated into the Div rce Decree: Marital Settlement Agreement placed on record in Divorce aster Elicker's Office on December 9,2004. Date and marmer of service of the Notice of Intention to Pile Praecipe 0 Transmit Record, a copy of which is attached, if the Decree is to be en ered under Section 3301(d)(1)(i) of the Divorce Code: 5. (a) Service: NA (b) Date Plaintiff's Waiver of Notice in 93301(c) Divorce was filed with t e Prothonotary: December 14, 2004 Date Defendant's Waiver of Notice in 93301(c) Divorce was filed wi Prothonotary: December 14,2004 METZGER, WICKERSHAM, KNAUSS & ERB, P. . By UU , Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O, Box 5300 Harrisburg, P A 1711 0-03 00 (717) 238-8187 Attorneys for Plaintiff Dated: \- (~-\J~ 317627.1 CATHERINE M. SINGLETON, Plaintiff IN THE COURT OF COMMON PL S OF CUMBERLAND COUNTY, PENNS LV ANIA v. CIVIL ACTION - LAW NO. 03-5616 CIVIL TERM WILLIAM M. SINGLETON, JR., Defendant CERTIFICATE OF SERVICE AND NOW, this G- "" day of January, 2005, I, Andrew C. Spears, Esquire, of M tzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Catherine M, Singleton, hereby certi that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the nited States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jeffrey S, Shank, Esquire Gingrich, Smith, Klingensmith & Dolan 222 South Market Street, Suite 201 E1izabethtown, P A 17022 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: lJL~ Andrew C. Spears 3/7627-/ (~ c. r;::?:' ~~ '2f' ~. "-, '~\\ '~ .,J' \ _,J ....:.: c;\ cP ------- CATHERINE M. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLVA IA vs. NO. 03 - 5616 CIVIL WILLIAM M. SINGLETON, JR.,: Defendant IN DIVORCE ORDER OF COURT AND NOW, this /L(~ . day of I 2004, the parties and counsel having entered into an agre ment and stipulation resolving the economic issues on December 9, 2004, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently sig ed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the fling of a praecipe to transmit the record with the affidavits f consent of the parties so that a final decree in divorce an be entered. BY THE COURT, cc: ~drew C. Spears Attorney for Plaintiff ~ffrey S. Shank Attorney for Defendant ~~~~ L;-\'\~b ( O~ ~- " - \ \r-- ?++.+.+.+.+.+.+.+.+.+.+.+.+.+.+.+.+.+.+++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ . . : IN THE COURT OF COMMON PLEA : . . -: OFCUMBERLANDCOUNTY -: . . . . . . -: STATE OF PENNA. -: . . . . . . . . -: CATHERINE M. SINGLETON, -: . . . No. 03-5616 CIVIL . : Plaintiff : . . . . +. VERSUS +. . . . . -: WILLIAM M. SINGLETON , JR. , -: . . . . ; Def end ant : . . . . . . -: DECREE IN -: . . . . -: DIVORCE -: . . . . . . . . . . ~ ~.._ I ~-~ : : AND NOW, '1---- ---r I - , &-<T<O , IT IS ORDERE AND : . . . . -: DECREED THAT CATHERINE M. SINGLETON , PLAINTIFF -: . . . . . . -: AN D WILLIAM M. SINGLETON, JR. , DEFEN DA T, -: . . . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWI~JG CLAIMS WHIC HAVE . . . . BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H S NOT . . . : YET BEEN ENTERED; : . . . . . . . The Marital Settlement Agreement between the parties placed on the r cord . . . . . . . . on December 9, 2004, is incorporated but not merged herein. . . . . . . . . . . . . . . . . . . . . . . . +. J. +. . . . . . . . . . . . . . PROTHON TARY . . . . . + "~~--"'- +. ~+++++++++++++;+++++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++? r~ k/ .;1 ~l>rl/ """y/ t, SV. 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