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HomeMy WebLinkAbout03-5806REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MICHELLE M. SHULTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 'gO¢ STEVEN E. SHULTZ, Defendant CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 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, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE AVISO PARADEFENDERY RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las ptiginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra pot caulquier otra queja o compensacfion reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esfft disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301~C) OR (D) OF THE DIVORCF~CODE I. Plaintiff is Michelle M. Shultz, an adult individual who currently resides at 304 Crones Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Steven E. Shultz, an adult individual who currently resides at 1665 Westgate Drive, Apt. 201, York, York County, Pennsylvania 17404. 3. Plaintiffand Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 23, 1998, in York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. 11. In the alternative, Plaintiff will file a § 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Date: (~}-- 3~'G % By: Respectfully Submitted, REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, MICHELLE M. SHULTZ, verify that the statements made in this 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. Section 4904, relating to unsworn falsification to authorities. MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5806 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF SERVICE I, Joanne Harrison Clough, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Guy A. Sticker, by Certified Mail, Restricted Delivery on the 12th day of November, 2003, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Steven E. Shultz 1665 Westgate Drive, Apt. 201 York, PA 17404 Joanne Harrison Clough, REAGER & ADLER, P.C.' 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 36461 uire · Complete items 1, 2, and 3. Also complete item 4 if Restr~cte~*~F~ive~ Js desired. · P~t your name and address on the reverse ~o that we can return the card to you. · Attach this cardte the back of the mailpiece, or on the front if space permEs. 1. A~e Addressed to; Steven E. Shultz 1665 Westgate Drive, Apt. 201 York, PA 17404 2. ~ Number A. Received B. Date of De~v~y D. Is de~lve~ ~ different If YES, e~ter c r'3yes [] No [] Insured Meil 4. Restricted Delivery? (Extra F~e) 1'3 Yes PS Fow~ 3811, 7002 2410 0004 1003 0011 EXHIBIT "A" MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5806 CIVIL ACTION - LAW IN DIVORCE CORRECTED AFFIDAVIT OF SERVICE I, Joanne Harrison Clough, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Steven E. Shultz, by Certified Mail, Restricted Delivery on the 12th day of November, 2003, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Date: Steven E. Shultz 1665 Westgate Drive, Apt. 201 York, PA 17404 REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. Id. No. 36461 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricte(~G~ilivery is desired, · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. t, Article Addressed to: Steven E. Shultz 1665 Westgate Drive, Apt. 201 York, PA 17404 2. Article Number J ~'rransfer from service I~beOI PS Form 381 1, Mamh ~;001 A. Received by (P/ease Pdnt Cleady) B. Date of Delivery C. Sign If YES, enter de~ve.qcadd~ess be,ow: F'i No ~r i~:~, Re%1211pt for Merchandise 7002 2410 0004 1003 0011 Domestic Return Receipt EXHIBIT "A" MARITAL SETTLEMENT AGREEMENT WI TN ES S ET H: WHEREAS, the parties hereto were married on May 23, 1998, in York, York County, Pennsylvania; and separated on September 10, 2002; and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therein_re t~eir intention to live separate and apart for the rest of their lives and the parties are, ,deslro~of~.~ settling completely the economic and other rights and obligations between ~c~la ot~r, induding, but not limited to: the equitable distribution of the manta/p operty; pa~, ~pre~ent and future support; alimony, alimony pendente lite; and, in general, any and all o~th~_~ cl rararararara~ and possible claims by one against the other or against their respective estates~ and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and the/r legal effect have been fully expla~ed to the parties by their respective counsel. WIFE is represented by ]oanne Harrison Clough, Esquire of Reager & Adler, P.C. HUSBAND has been advised of his right to be represented by counsel and has elected to represent himself in the negotiation and execution of this Agreement. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 03-5806 on November 4, 2003. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the ter~ns of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, aris'rog out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Page 2 of 10 Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims ar'me by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights o£ a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other COLllltry. Except for any cause of action for divorce which either party may have or dalm to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from al/claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both part/es hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may Page 3 of i0 seem advisable. W~FE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties acknowledge that there is no marital real property subject to equitable distribution in this divorce action. 8. DEBTS. If a party has acquired debt, lhe parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND and WIFE acknowledge the following debt obligations: a. WIFE's credit card debt at Member's First Credit Union, which was originally a York Federal/Waypoint signature loan, in the amount of $1,500.00; b. IRS back taxes owed for 2001 in the amount of $1,264.00; and c. Furniture Row Express debt for purchase o£ HUSBAND's son's furniture in the amount of $808.86. HUSBAND and WIFE specifically agree to their obligations for the above-listed debt as follows: a. WIFE agrees to be solely responsible for the debt with Members First Credit Union and WIFE agrees to pay said debt in full, and to indemnify HUSBAND and hold him harmless on this obligation, as set forth below; b. IRS: HUSBAND agrees to be solely responsible for the IRS back taxes owed for 2001 and HUSBAND agrees to pay said debt in full, including interest and penalties and to indemnify WIFE and hold her harmless on this obligation, as set forth below; HUSBAND specifically agrees to make all monthly payments in full, to the IRS, until this debt is paid in full. c. HUSBAND agrees to pay in full the debt to Furniture Row Express, and to indemnify WIFE and hold her harmless on this obligation, as set forth below; ~Page 4 of 10 d. It is desired that HUSBAND pay up front and in full to WIFE the sum of $808.86 for the Furniture Row Express debt. If HUSBAND is not able to pay this debt up front, HUSBAND shall make monthly payments of at least $100.00 to WIFE until such debt is paid in full, including any interest that incurs. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her s'mce the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of certain retirement benefits through his employment. WIFE is the owner of certain retirement benefits through her employment. In consideration of the property transfers and promises set forth in this Agreement, HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits otherwise disclosed. WIFE hereby waives her fight, t~tle and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. Page 5 of 10 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 1L PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 12. VEHICLES. The parties own a Ford Windstar van. Said vehicle is encumbered by a loan with Ford Motor Company. HUSBAND agrees to transfer any right, title, or interest he has in said vehicle to WIFE, in exchange for WIFE agreeing to be solely responsible for the lien and payments on said vehicle and to indemnify HUSBAND and hold him harmless thereon. HUSBAND owns a Jeep Cherokee. WIFE agrees to transfer to HUSBAND any right, title, or interest she may have in HUSBAND'S Jeep Cherokee. The Jeep Cherokee shall remain the sole and exclusive property of HUSBAND. HUSBAND agrees to assume sole liability for the lien and loan payments associated with said vehicle and to indemnify WIFE and hold her harm/ess thereon. 13. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor Page 6 of 10 spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 14. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 15. ATTORNEY FEES, COURT COSTS. HUSBAND agrees to reimburse WIFE for one-half O,~) of her counsel fees and tiling fees incurred in this divorce action within ninety (90) days of the date of execution of this Agreement. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. Page 7 of 10 16. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by arrdcable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 17. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property ident'~fied and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 18. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 19. VOID CLAUSES. If any term, condition, clause 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 Page 8 of 10 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. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, mad in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. MICHELLE M. SHULTZ Page 9 of 10 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : sL On the c:~zJ~' day of ~'dd,(J~,d.~ , 200J~, before me, a Notary Public in and for the Commonwealth of Pennsyl-~4nia, the undesigned officer, personally appeared MICHELLE M. SHULTZ, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto year first above written. NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Notary Public Camp Hi)l Boro, Cumbedartd County My Commission Expires December 4, 2004 set my hand and notarial seal the day and Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND : On the ff-'~ day of _/~,c~.z~ ,2003, before me, a Notary Public in and for the Commonwealth of Pennsylvag'~a, the tmdesigned officer, personally appeared STEVEN E. SHULTZ, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL ~EAL CASSANDRA T. ROSENBAOM, NOtary Put~i~ Camp Hill Boro, Cum~rland County My Commission Expires De~ember 4, 2004 Notary Public My Commission Expires: Page 10 of 10 MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5806 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 4, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Michelle M. Shultz MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5806 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 4, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fanal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5806 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ¢ Michelle M. Shultz MICHELLE M. SHULTZ, Plaintiff V, STEVEN E. SHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5806 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. MICHELLE M. SHULTZ, Plaintiff STEVEN E. SHULTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5806 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown trader § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 12~ day of November, 2003, by certified mail, return receipt requested, receipt number 7002 2410 0004 1003 0011. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Michelle M. Shultz, Plaintiff, on February 25, 2004; by Steven E. Shultz, Defendant, on February 14, 2004. 4. Related claims pending: Settled by Marital Settlement Agreement dated February 4, 2004. Prothonotary: Prothonotary: Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was fried with the February 27, 2004 Date Defendant's Waiver of Notice in § 3301(c) Divorce was Filed with the February 27, 2004 Respectfully submitted, REAGER & ADLER, PC I.D. No. 36461 ( }uire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. MICHELLE M. SHULTZ NO. 03-5806 VERSUS STEVEN E. SHULTZ DECREE IN DIVORCE AND NOW, ~ DECREED THAT MICHELLE M. SHULTZ STEVEN E. SHULTZ AND ~ ¥/, IT IS ORDERED AND , PLAINTIFF, , 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 terms of the parties' Marital Settlement Agreement dated February 4, 2004 and attached hereto are incorporated herein but not merged herewith. THE COURT: PROTHONOTARY