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HomeMy WebLinkAbout07-7629¦ DEBORAH S. TREPHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MARK R. TREPHAN, NO.O q - '7&2 CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 ? V DEBORAH S. TREPHAN, Plaintiff V. MARK R. TREPHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 0 ?'- 74 -9 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Deborah S. Trephan , an adult individual currently residing at 21 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Mark R. Trephan, an adult individual currently residing at 21 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 10, 1999 in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman-Snyder, EsquirA Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 1 o? 4RD A ,Plaintiff 4 r7l O's G DEBORAH S. TREPHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MARK R. TREPHAN, NO. 07-7629 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ? day of J o, r j 2008, comes Hannah Herman-Snyder, Esquire, and states that she mailed a certified and true copy of a Complaint in Divorce to the Defendant, Mark R. Trephan, at his address of 21 West Keller Street, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on December 28, 2007. Hannah Herman-Snyder, quire Attorney for Plaintiff GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this day of .2008 OAUL ;Z" ot4+ La- NOTARY FJJBL_IC NOMM SEAL RONN J. "Sit'" Notary Public 9ObOUGK oeoft W, Upim Apr '17, 2011 ?.. ?s.. ?,. . , ... ,w>.?t; v ..r.. y .e t!$ £?r? •!' ,. ?'???'. _ 1 , **: ?i M°1 scut,., a . ?; ? ? :f '? ?.a ,AilfJ:"?a,4gYM"Rr?M4*F?ae' -y n ra ..": wV?7PU'..?ifPr 1A.-?? Postal o, a (Domestic Provijed) CO it C O Postage y . C3 O Certified Fee *' V i ., 1 \ O Return Receipt Fee Pl?trn" (Endorsement Required) ^? t'y Here CO Restricted Delivery Fee (Endorsement Required) O Tbtal Postage 3 Foss $ } / L/ L/ ' !!( C3 nto hn. AM* _ f- , N ?j ct? :?-- ?• ?, =?? ? .? , ,,? ? : ? . ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. TREPHAN, Plaintiff File No. 07-7629 vs. MARK R. TREPHAN, IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, [select one by marking "X"] X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Deborah S. Moyer , and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704. DATE: -v- COMMONWEALTH OF PF,NNS COUNTY OF CUMBERLAND SS. On this, the day of 2008, before me the , known to me (or satisfactorily undersigned officer, personally appeared hili d !Vm proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOW" ? Notary blic f A? MM ? 1?t 1 NM?1? 11? 0 EA) w ?= ~r; c C.n ._., .< PROPERTY SETTLEMENT AGREEMENT This Agreement, made and entered into this f5 day of V GJrt7 ber, 2008, between Mark R. Trephan, of 832 Pair St., Apt. A, Lemoyne, Dauphin County, Pennsylvania 17043, hereinafter referred to as "Husband," and Deborah S. Trephan (n/k/a Deborah S. Moyer), of 21 W. Keller St., Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to as "Wife." WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on April 10, 1999 in Cumberland County, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Parties' rights to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the Page 1 of 12 other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or other expenses, except as set forth herein; and Husband likewise desires finally and forever to relinquish all of his rights to be supported by the Wife and all of his right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Wife, now owned by her or which in the future may be owned by her, and all rights to alimony, alimony pendente lite, counsel fees, or other expenses, except as set forth herein; NOW5 THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby acknowledge that they have lived separate and apart since November 16, 2007, and continue to live separate and apart as of the date of this Agreement, and further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, Page 2 of 12 from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or courtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, Page 3 of 12 as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that, except as provided herein, neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other; to that end, each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, Page 4 of 12 or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Health Insurance. Each party shall be responsible for their own health insurance coverage. 5. Waiver of Alimony. In consideration of the mutual agreements of the parties, and their decision to voluntarily live separate and apart and the provisions contained herein, and for the respective benefit of the parties and other good and valuable consideration, the parties each expressly agree to mutually waive any and all claims for any alimony, spousal support/alimony pendente lite , maintenance, etc. 6. Life Insurance. Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 7. Income Tax. Husband and Wife agree to file separate tax returns beginning with the tax year 2008. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause Page 5 of 12 of the misrepresentation or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In addition, upon execution of this Agreement, both parties agree to split the 2007 Stimulus Rebate check equally. 8. Applicability of Tag Law to Property Transfers. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provision of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 9. Representation by Counsel. Husband has been represented by Roger R. Laguna, Jr., Esquire, and Husband acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. Wife has been represented by Hanna Herman-Snyder, Esquire, and Wife acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further Page 6 of 12 acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 10. Division of Personal Property. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. In addition, upon execution of this Agreement, Wife agrees to reimburse Husband one- half of the proceeds ($316.20) of the sale of the marital property that Wife auctioned off. 11. Real Property. The parties agree that the marital residence, located at 21 W. Kelker St., Mechanicsburg, Cumberland County, Pennsylvania 17055, shall be the sole and separate property of the Wife. Husband agrees to execute any necessary documents reasonably related to the refinancing of the marital home, including the transfer of title to the marital residence. Husband shall execute a quite claim deed at the time of execution of this Agreement and from that time forward shall relinquish all right, title and interest in the marital residence. Page 7 of 12 12. Automobile for Wife. Upon execution hereof, Husband agrees that Wife shall retain possession of and receive as her own property the 1998 Chevy Blazer for her own use and disposition. Wife has been and shall continue to be solely responsible for all expenses associated with the automobile including, but not limited to insurance and maintenance. Wife shall be solely liable and shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorney's fees, dues to any of the expenses set forth in the proceedings. 13. Automobile for Husband. Upon execution hereof, Wife agrees that Husband shall retain possession of and receive as his own property the 2003 Ford F-150 for his own use and disposition. Husband has been and shall continue to be solely responsible for all expenses associated with the automobile including, but not limited to insurance and maintenance. Husband shall be solely liable and shall keep Wife indemnified and held harmless from any liability, cost or expense, including attorney's fees, dues to any of the expenses set forth in the proceedings. 14. Debts. The parties agree that they ave not incurred any debts during the marriage in the name of the other and any debt incurred during the marriage that still exists shall be the sole responsibility of the party whose name the debt was incurred in. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either parry incurs a debt for which the other will be liable, Page 8 of 12 that party incurring such debt will hold the other harmless from any and all liability thereof. 15. Retirement, Pension, and Employment Benefits. Both parties agree to waive any claims they have or may have to any pension, retirement plan, stocks, and/or any employment benefits of any kind, incurred during the marriage, by the other parry. 16. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County, No. 07-7629. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 17. Incorporation and Judgment for Divorce. This Agreement and all of its provisions shall be incorporated into the decree of divorce in the aforementioned divorce action, either directly or by reference. 18. Breach. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other Page 9 of 12 party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 19. Enforcement. The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 20. Applicable Law and Execution. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors, administrators, successors and assigns. 21. The Entire Agreement. The parties acknowledge and agree that this Agreement constitutes an equitable distribution of property both real and person, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. Of the Commonwealth of Pennsylvania, and as amended. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 22. Modification of this Agreement. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. Page 10 of 12 23. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 24. Financial Disclosure. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing Page 11 of 12 parry shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 25. Voluntary Execution. Each of the parties has read and understands the above and is signing this Agreement as a free and voluntary act and having had the opportunity to obtain advice of separate legal counsel. IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year first written above. L Mark R. Trephan n/k/a Deborah S. Moyer) Signature cif itness l ?? amt A , m,s Printed Name of Witness Man&i A . A r ms:hii g, Printed Name of Witness Page 12 of 12 Signature of Witness r r c_._ DEBORAH S. TREPHAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 07-7629 CIVIL TERM MARK R. TREPHAN, § CIVIL ACTION - IN DIVORCE Defendant § DEFENDANT'S AFFIDAVIT OF CONSENT UNDER § 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 20, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ate Mark R. Trephan co DEBORAH S. TREPHAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 07-7629 CIVIL TERM MARK R. TREPHAN, § CIVIL ACTION - IN DIVORCE Defendant § DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33010 OR 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. fcl- V--O8- Date Mark R. Trephan t' :.j' Ln 4 DEBORAH S. TREPHAN, § Plaintiff § V. § MARK R. TREPHAN, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7629 CIVIL TERM CIVIL ACTION - IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER § 3301() OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 20, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Io - 8- og Date Deb ah S. repha t? s ..- ;?-?? r.€? .? ? ..- i??"? ? G N DEBORAH S. TREPHAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 07-7629 CIVIL TERM MARK R. TREPHAN, § CIVIL ACTION - IN DIVORCE Defendant § PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR 3341(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date De orah . reph :-' 4Ln DEBORAH S. TREPHAN, Plaintiff V. MARK R. TREPHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 07-7629 CIVIL TERM 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 under §3301(c) 3301(dv1) of the Pivot-ee Ged (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by Acceptance of Service on December 28, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 10/08/08 by Defendant: 10/08/08 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to 'transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: October 15, 2008 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: October 15, 2008 Hannah Herman-Snyder, EsgLNre GRIFFIE & ASSOCIATES Attorney, for Plaintiff C Ir.? c ," cry IN THE COURT OF COMMON PLEAS Deborah S. Trephan, n/k/a Deborah S. Moyer, Plaintiff VERSUS Mark R. Trephan, Defendant NO. 2007-7629 DECREE IN DIVORCE AND NOW, &&& 44-t- Z/ IT IS ORDERED AND DECREED THAT Deborah S. (Trepham) Moyer ,PLAINTIFF, AND Mark R. Trephan DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The parties' Property Settlement Agreement entered into on October 8, 2008 is incorporated herein, but not merged BY THE RT: U d '4 ATTEST' ,,, J. OF CUMBERLAND COUNTY STATE OF PENNA. PROTHONOTARY x ,? - of f- "Pop Er - a