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HomeMy WebLinkAbout03-6381 ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. OJ-- ~3" i : ACTION IN DIVORCE Civil Term SCOTT M. EBERTS, Defendant 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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. 8 ;s:: 1.1Uj cpr.,r; 2'1;" ~~2 <c' ~t":; ::~i:: Pc:: '::" ~ ~'l -< 0\ ~ Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 ~J '1 J I \.0 .-,;= .., -"i'--:-' " ..~-,.' \") 1. ~"I~: ,-:,::0 ~:C) ~~-~;m ,~ ::0 -< ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; No. p.1~ G3<{7 : ACTION IN DIVORCE Civil Term SCOTI M. EBERTS, Defendant COMPLAINT IN DIVORCE COUNT I - DIVORCE I. Plaintiff is Roberta Beth Eberts, a competent adult individual, who resides at 236 Bullshead Road, Newville, Pennsylvania, 17241. 2. Defendant is Scott M. Eberts, a competent adult individual, who resides at 62 Tiffany Drive, Shippensburg, Pennsylvania, 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 28, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together, namely, Dalton Eberts, date of birth, February 18, 2002. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. ROBERT A BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: _X_prior to the entry of a Final Decree in divorce. OR _ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of RHOADES and gives this written notice avowing her intention pursuant to the provisions of 54 P. 4. Date: 'J ! (0 J OS- ~~1r ROBERTA BET EBERTS <\~ WcadL4- R BERTA BETH RHOADES Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) 60 rov<;,c. of.. Q.Ai-Ms. (L ):ss COUNTY OF CUMBERLAND ) . ,1a.- ~ On thiS, the lO day of , 2005 before me, the undersigned officer, personally appeared ROBERTA BETH ERTS/RHOADES personally know to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I he 19 seal. -&<0 commis;sion ex Ar~s: o EALTHO Y:-I Notarial Seal Jane Adams, Notary Publi. Carlisle Bore, CumbeAand C",,"ly My Commission Expires Sept. .5. 200. 8 ....., = 0 = ~ CoTt ..., ~ lJ'?:J c... :2." r ~ ~g:i c: J1 6J ~;,'~ r- ~h I ~ ~- 0"'1 ::09 '- ;<c ~o :l:'c- :1>0 . -r \' f' z ..' .. -n '" --.( . ::x 0('" '" :Pc Z ' '!? om -<l ~ ~ ;g :fi ~ U1 Xl C) .< ..... 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II - CUSTODY II. Paragraphs I - 10 are incorporated herein by reference. 12. Plaintiff seeks primary custody of the following child: NAME DOB ADDRESS Dalton Eberts February 18,2002 236 Bullshead Road Newville, Pa. 17241 The child was born in wedlock. Father and mother currently share legal custody of the child and Mother has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Roberta Beth Eberts Robert and Barbara Rhoades (Maternal grandparents) 236 Bullshead Road November 2003 - present. Newville, Pa. Roberta Beth Eberts Scott M. Eberts 62 Tiffany Drive Shippensburg, Pa. birth - November 2003 The mother of the child is: Roberta Beth Eberts, who currently lives at 236 Bullshead Road, Newville, Pa. She is married to Scott M. Eberts. The father of the children is: Scott M. Eberts, who currently resides at 62 Tiffany Drive, Shippensburg, Pa. He is married to: Roberta Beth Eberts. 13. The relationship of plaintiff to the child is that of MOTHER. The persons that the Plaintiff currently resides with are: the child, Dalton Eberts, and her parents, Robert and Barbara Rhoades. 14. The relationship of defendant to the child is that of FATHER. The defendant currently resides alone. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has been the Drimarv caretaker since birth and is willing and able to provide the child a loving and stable home. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child. Date: /2. - 7. 0 3 VERIFICATION I verifY that the statements made in this Complaint 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. ~16w~ Roberta Beth Eberts, Plaintiff ~ ~ v, w ~ "l: J (\ -.. - ~. )J 6' <: u o ~ <- -r}C' r:-lr" ~.~ ~i -. ~"'~ ~;;(~ J.'::: :.2 V' I C::. r::. C) .-:-:J iq ,-) I':':" ::'? :.n 0:> c..J -! ~-' -< () @ .' ~'~,~ ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant : ACTION IN DIVORCE J AFFIDAVIT OF SERVICE AND NOW, this January 5, 2004, I, Jane Adams, Esquire, hereby certify that on or about December 31, 2003, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE was served, via certified mail, return receipt requested, addressed to: Scott Eberts 62 Tiffany Drive Shippensburg,Pa.17257-8l15 DEFENDANT Jan Adams, Esquire l. . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF .' . '. Z '. ; \.. '" = 0 = ....- -" <- :or "'-. <= f"n:n r- , gz, CJl ..." x~.~. ~ 2~ :3 r;,> C.J --, , 0 ;e; w =< \ .-' Ji", . Complete items 1 J 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece, or on the front if space permits. 1. Article Addressed to: ~.u>ttt-e- b~ G,~,If~On:~ ~v0 fA- \ loSl-81l2> 2. Article Number (Transfer from service label) PS Form 3811 , August 2001 " D. Is delivery address different from ...:n ( ,'- .p~Yes--:- If YES. enter delivery address belO'.o\1:" -_,~' -0 No 3. Service Type . Certified Mail' 0 Express MC!lil o Registered 0 Return Receipt for Merchandise D Insured Mall D C.O.D. 4. Restricted Delivery? (Extra Fee) . Yes 7003 1010 0004 7818 6428 Domestic Return Receipt 102595-o2-M-1540 UNITED STATES i='OSTAL SERVICE III' n , , I , First-Class Mail Postage & Fees Paid USPS Penntt No. G-10 . Sender: Please print your name, a( Idr, Sf , alld ZIP+4 in this box . ~ o.eLlL-\\J,~- ~~ ~t' P-CCt:" ~ )Jh J 70)3 ~ ROBERTA BETH EBERTS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-6381 CIVIL ACTION LAW SCOTT M. EBERTS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cnmberland County Conrthouse, Carlisle on Thursday, January 29, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT. By: Isl Jacqueline M. Verney. Rsq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'mE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,,7t~r~~~ M.b! .~ 2: ~ ~V-,I;tl. b. / ~p ~ ~ ~.P?J /1(JlO'/ V11'~\fI\l,\S~I!\!:ld I I'" '('Jr,", '\ r.~t ''''f'"'~llr\l''''l (\..1\. ".,,1'4) ....,:' :i.'jtJ{~~ Iv ! i :21 ~ld 6- NVr ~OOl 1\.1:JVIONOHl08d 3Hl :lO j;';i:1J,Q-.o:nl:l ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this January 21, 2004, I, Jane Adams, Esquire, hereby certify that on or about January 17,2004, a letter confIrming the new custody conciliation date of February 2,2004, was served, via certified mail, return receipt requested, addressed to: Scott Eberts 62 Tiffany Drive Shippensburg, Pa. 17257 DEFENDANT ane Adams, Esquire J.D. No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF - Jane Adams ATTORNEY AT LAW 36 SOUTH PITT STREET CARLISLE,PA.170I3 (717) 245-8508 voice (717) 245-8538fax esaadamsililaol.com VIA CERTIFIED MAIL Janwuy 12, 2004 Scott M. Eberts 62 Tiffany Drive Shippensb~,Pa. 17257 Re: Eberts v. Eberts No. 03 - 6381 Civil Term (Cumberland County) Dear Scott: A conciliation has been scheduled in the above-captioned matter, for January 29th, 2004. Unfortunately I have another hearing on that date and time. Please be advised that I have contacted the custody conciliator and requested a new time and date for the custody hearing. The hearing is now scheduled for: February 2, 2004 at 10:30 a.m. The location will remain the same. Thank you for your attention to this matter. Please contact me if you have any questions regarding the above. Very truly yours, /JA a!e- cc: Beth Eberts Jacqueline Verney, Esquire, conciliator. 7003 1010 0004 7818 6442 ! lib i 0 : ..ddrl.". i Ii Ii i I .". ~ ~ "-" "" \~ -<- ~ _.... ~ '\) -- ~0 -.....;.'~ o -;'] "0-{ ;1::__ r11~ 0-- :58 (Jc'~ :::::!,.;:) /Ji;?' -'.., r:~) ".) <...., -',' -, ..r "-.'l'rt_W'.....,...-t_""_...^""""".~__l'J:JII'M~lII: 1'( SENDER: COMPLETE THIS SECT/ON . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece, or on the front if space permits. ,"- .' 1. Article Addressed to: (- /"---'~""""", 10.../ '\, ~ (h. Gber1t ( 0 . ';:;~ \ (f d- T~~ DVI~~~~-~ . S ~VlrS PA- I/';)s- ) 2. ArtIcle Number \~. ' (TIJmsferfrom ~.JabeJr PS Form 3811, August 2001 '. ~- " Domestic Return ReceIpt 102595-o2-M-1540 -- . . . . B. Received by (Printecf Name) :or,.., D. Is delivery address different em 1? If YES, enter delivery address below: """h<~~=_~ ,~."",;,n o Agent o Addressee C. Date of Delivery Dyes DNo 3. Service Type . Certified Mall [J Express Mall o Registered [J Return ReceIpt for MerchandIse o Insured Mall [J C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7003 1010 0004 7818 6442 UNITED STATES POSTAL SERVICE , "".. f I! I ,. . I ! ~ First-Class Mail Postage & Fees Paid USPS Permtt No. G-10 . Sender: Please print your name, a<ldr,s!, and ZIP+4 in this box . JANE ADA"'~ ATTORNEY A1 LA N 36 s. PiTT S1,m ., CARLISLE, PA 17[1:3 . ---- If-' FEB 0 2 2004 ~ ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-6381 CIVIL TERM SCOTT M. EBERTS, Defendant : CIVIL ACTION -LAW : IN CUSTODY ORDER OF COURT AND NOW, this .., ~ day of +-b~ consideration of the attached Custody Conciliation Re follows: , 2004, upon ort, it is ordered and directed as I. The Mother, Roberta Beth Eberts and the Father, Scott M. Eberts, shall have shared legal custody of Dalton Eberts, bom February 18, 2002. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. follows: Father shall have periods of partial physical custody of the Child as A. Every Friday from 4:00 p.m. to Saturday to 5:00 p.m. B. Such other times as the parties agree. 4. Mother shall have physical custody of the Child on Mother's Day at times agreed by the parties. Father shall have physical custody of the Child on Father's Day at times agreed by the parties. 5. The parties shall share physical custody of the Child on Thanksgiving as agreed. 6. Father shall have a block of time with the Child on Christmas as agreed by the parties. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. VliWA1ASNN3d JJ.NnW Otjfl'.E1tJ,"lrlO I 0 :~ Wd l'j- 93:1 ~OOZ ).,\:NlONOH10Ud 3Hl ~O 38l:J:l(}{E\ll::J cc.A'9De Adams, Esquire, Counsel for Mother .Alcott M. Eberts, pro se 62 Tiffany Drive Shippensburg, P A 17257 o~-os 0'( BY THE COURT, .44- J. ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-6381 CIVIL TERM SCOTT M. EBERTS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dalton Eberts February 18, 2002 Mother 2. A Conciliation Conference was held in this matter on February 2, 2004, with the following individuals in attendance: Mother, Roberta Beth Eberts, with her counsel, Jane Adams, Esquire and Scott M. Eberts, pro se. 3. The parties agreed to the entry of an Order in the form as attached. cl, -;;2 --0 1 /h ( Date (. cqu ne M. Verney, Esquire Custody Conciliator ROBERTA BETH EBERTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant ACTION IN DIVORCE PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Roberta Beth Eberts, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Roberta Beth Eberts, (hereinafter referred to as "Petitioner"), is the above-named Plaintiff, and is an adult individual currently residing at 487 Centerville Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Scott M. Eberts, (hereinafter referred to as "Respondent") is currently residing at 62 Tiffany Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 3. The parties are the natural parents of one child, namely, Dalton Eberts, born February 18,2002. 4. The parties are subject to an Order of Court dated February 4, 2004, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 5. The current custody does not provide Petitioner with a full weekend period of custody; Petitioner is requesting a custody Order that would provide her with a full weekend period in order that she might be able to plan and participate in family activities with her child. 6. The current custody order does not specify whether Petitioner must provide Respondent with his period of custody when he is several hours late or repeatedly changes pick- up times; Petitioner is requesting an order which would specifically allow her to make other plans if the Respondent does not assume custody ofthe child within a reasonable time. 7. Petitioner is requesting an order which contains more specific provisions regarding transportation of the child. 8. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. """ (p biDS ~ FEB 0 2 2004 fJ ROBERT A BETH EBERTS, Plaintiff V.,.' . . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2003-6381' CIVIL TERM SCOTT M. EBERTS, Defendant : CIVIL ACTION- LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of - b consideration of the attached Custody Conciliation Report follows: ,2004,upon it is ordered and directed as I. The Mother, Roberta Beth Eberts and the Father, Scott M. Eberts, shall have shared legal custody of Dalton Eberts, born February 18,2002, Each party shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primaryphysical custody of the Child. 3. follows: Father shall have periods of partial physical custody of the Child as A. Every Friday from 4:00 p,m. to Saturday to 5:00 p.m. B. Such other times as the parties agree, 4. Mother shall have physical custody ofthe Child on Mother's Day at times agreed by the parties. Father shall have physical custody of the Child on Father's Day at times agreed by the parties. 5, The parties shall share physical custody of the Child on Thanksgiving as agreed. 6. Father shall have a block of time with the Child on Christmas as agreed by the parties. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ------ '~>tJ\-\~ \\ A:- - cc: Jane Adams, Esquire, Counsel for Mother Scott M. Eberts, pro se 62 Tiffany Drive Shippensburg, P A 17257 BY THE COURT, 151~ d~~^) ROBERT A BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2003-6381 CIVIL TERM SCOTT M. EBERTS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dalton Eberts February 18,2002 Mother ? A Conciliation Conference was held in this matter on February 2, 2004, with the following individuals in attendance: Mother, Roberta Beth Eberts, with her counsel, Jane Adams, Esquire and Scott M. Eberts, pro se. 3. The parties agreed to the entry of an Order in the form as attached. c';< -.;J -r-y Date ;&l. /G'VilA.-{ o I cqu ine M. Verney, Esquire Custody Conciliator VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date:bl6, ~ ~q<&~ Roberta Beth Eberts, Petitioner ~~\~ ':we! % s ~ ~ w ~ -' ~ -2 cv ~ C} c- :.?,:. '"f'J(C \"n"l"'" " .-j: 9F- <J2. '~-. ,r--'- ,~, '....:.:.""J <'~'" ~ .' k?~' 'V-C:. ~ ~ Q, ~ <- ~::Q ~ \ ~~ cP 0. '=l. ~ ~~ o.P. 9. :i?- - ~ N --- ROBERTA BETH EBERTS PLAINTIFF lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-6381 CIVIL ACTION LA W SCOTT M. EBERTS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June IS, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at 4tb Floor, Cumberland County Courtbonse, Carlisle on Wednesday, July 06, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M Vemey, Esq, Y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7] 7) 249-3 166 - ~ ~ fp~~~ S~.~/''l -k:2 ~ ~7 ,5?l'JI'f ~;:p ~~~~-j:!I{) 5~'7/~ VfNYji\lASi'\Jf\"jd AlNII('(' t"-'~:;iVmJ Z I :Z Hd 91 Hftr 5D02 ^l:NWNOHLOI~d 3Hl :10 3JI:!:i(l-Q:fll:l v\ RECEIVED JUl 062005 ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-6381 CIVIL TERM SCOTT M. EBERTS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this IZ J day of 4~ ,2005, upon consideration of the attached Custody Conciliati6n R port, it is ordered and directed as follows: 1. The prior Order of Court dated February 4, 2004 is hereby vacated. 2. The Mother, Roberta Beth Eberts and the Father, Scott M. Eberts, shall have shared legal custody of Dalton Eberts, born February 18,2002. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. follows: Father shall have periods of partial physical custody ofthe Child as A. Beginning July 15,2005 alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. C. Beginning July 13, 2005 every Wednesday from 7:00 p.m. to 9:00 p.m. B. Such other times as the parties agree. 5. Mother shall have physical custody of the Child on Mother's Day at times agreed by the parties. Father shall have physical custody of the Child on Father's Day at times agreed by the parties. 6. The parties shall share physical custody of the Child on Thanksgiving as agreed. 7. Father shall have a block of time with the Child on Christmas as agreed by the parties. " ~ V:i\l'ij/\-lAS,>..;; >.JJc! A.u\nc'(; 1'. ::.;~1t'~~nJ 61 :8 Wd Z I lilf ~UOZ AUVIO;,;OdlOdd 3Hl :10 381:J:lO-G3ll:l - 8. Each party shall have one uninterrupted week during the year provided they give the other party 30 days prior notice. 9. In the event that either party remove the child from the jurisdiction of Cumberland County they shall provide the other party with an address and telephone number where the child may be reached. 10. Both parties are entitled to reasonable telephone contact. 11. In the event it is necessary for Father to cancel his periods of partial physical custody, he shall give Mother as much notice as possible. The parties shall attempt to reschedule Father's time. 12. Transportation shall be shared such that the parties shall meet at Sheetz in Shippensburg, unless otherwise agreed. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Jane Adams, Esquire, Counsel for Mother Scott M. Eberts, pro se 62 Tiffany Drive Shippensburg, P A 17257 4.~ J. ~~ l~ Yl5f ~ RECEIVED JUL 062005 r ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2003-6381 CIVIL TERM SCOTT M. EBERTS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dalton Eberts February 18,2002 Mother 2. A Conciliation Conference was held in this matter on July 6, 2005, with the following individuals in attendance: Mother, Roberta Beth Eberts, with her counsel, Jane Adams, Esquire and Scott M. Eberts, pro se. 3. The Honorable Kevin A. Hess entered an Order of Court dated February 4, 2004 providing for shared legal custody, Mother having primary physical custody and Father having every Friday overnight. 4. The parties agreed to the entry of an Order in the form as attached. 7 -l.? -05'" Date ~e~;,~~ Custody Conciliator ROBERTA BETH EBERTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 330l(c) ofthe Divorce Code w"' filed on December 9, 2003. 2. The marriage of Plaintiff and Oefendant is irretrievably broken and ninety days have elapsed from the date ofthe filing and service ofthe Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Oate: \ O-s.-~'S WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a fmal decree of divorce without notice. 2. I understand that 1 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 1 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 """'" ~... ""jm" '" ...lti."" "C.,. ..~:: ~_ ",,"ro"oo', ,"",,'''' Oate: IC~~-~ ~~~ . o c- c- .;.~ r-., = c:~ w-, o ("'"") ._-j o '71 ---I :r.: ...,.., rn~ -(7r<: ~:F.:: \j7 ;C) ^'-" -" -n () ,-,rn '=1 15 -< , <:..n -v ROBERTA BETH EBERTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant ACTION IN DIVORCE AFFlDA VIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on December 9, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Oate: \L.-Y-D~ //j , ~~o[~~Mr~&- WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330)(c) AND &330)(d) OF THE DIVORCE CODE I. I consent to 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 reI to unswom falsification to authorities. up':,,-!2t~c(:doa~~ Roberta Beth Rhoades, Plaintiff Oate: \"2---L{-DS r--:) 1.--;::-- ';J'I ~ :-~ ., ,'~ , c-~ too' /'~- ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of lk ccx.Y\b{'y ,2005, by and between, ROBERT BETH RHOADES, formerly known as ROBERTA BETH EBERTS, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", aIld SCOTT M. EBERTS, of Shippensburg, Franklin County, Pennsylvania, hereinafter referred to as "HUSBAND"; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 28, 1996, in Newville, Cumberland County, Pennsylvania, and; WHEREAS, there was one child born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband is PRO SE. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband has been advised of his right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and peffilaIlent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a fmal settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties ifthey 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. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose 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 instrunlents which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s350l et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 2002 Saturn shall be and remain the sole and exclusive property of Wife. (b) The Blazer and van shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 62 Tiffany Drive, Shippensburg, Franklin County, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) Wife waives any and all interest in the marital home in favor or Husband. Within thirty (30) days of this agreement, Wife shall deliver a deed, conveying to Husband all of her right, title and interest in and to the marital residence. Husband shall pay any expenses associated with the filing of the Deed. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, HUSBAND shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) HUSBAND shall indemnifY and hold WIFE harmless from any liability, cost or expense, in connection with any expense required to be made by HUSBAND including but not necessarily limited to, the first mortgage, any other mortgages, property taxes, and insurance with respect to aforesaid premises. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Other than as provided in this agreement, each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station oflife to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. All alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. 15. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnifY and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instrunlents and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instrunlents, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEF AUL T. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception ofthe satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: '{id4iA-r:?uJt-Q~j- ROBERTA BETH RHOADES, Wife ({)l1M G dlrbU(} ess Date: Id.- '-1- 0 s COMMONWEALTH OF PENNSYL VANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the Lf-fA day of l)dJ~/ ,2005, before me, the undersigned officer, personally appeared ROBERTA B'ETI'rRHOADES known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. y commission expires: CO~J;\MwEALTH OF PENNSYLVANIA Notarial Seal Jane Adams, Notary Public Carlisle :'3~ro. CumberJand County My CommiSSion Expires Sept 6, 2008 . , . ~rn~~ SCOTT M. EBERTS, Husband Witness Date: I'd- -l)-OS, COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of , 2005, before me, the undersigned officer, personally appeared SCOTT M. EBERTS known to me, (or satisfactorily proven) to be the person whose nanle is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL 1"--;) '".._) -) -;-. :71 ] -j (>, (~-j I f..: "' .< ROBERTA BETH EBERTS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 6381 Civil Term SCOTT M. EBERTS, Defendant : ACTION 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: I. Ground for divorce: irretrievable breakdown under &330I(c) ofthe Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted- delivery, delivered on: I d. - ~ l - C) :) 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: \d-.. - L\ -(J 2> By Defendant: \0 - -=s .- 0 S- 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: \ 0 - S - () 5 Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: \ -, ._ ,;}.. - L., - 0 _':> Date: \";:).., - \.d... - o.=, +'+ :t.:+: '+:+: Of. . . . . . . . . . . . . ;t'Of. :+::+:;+; . .. :+: :+::+::+::+::+:Of. :+: :f. :+::1; :+::+: :+: ;t':f.~:+: :+:+:+: :+::+::+::+::I;~:+::+::+: :+::t.:+::+::t. +. '" Of. '*':+::+: ++ . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Roberta Beth Eberts, Plaintiff STATE OF PEN NA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ... , ,. , No. No. 2003 - 6381 Civil Term VERSUS Scott M. Eberts, Defendant DECREE IN . . . . , , , . . . , . . . . . , . , . , . . , . . . , . , . . . . . . , . , . . , . , . , , , . . . . , . . . , , . . . , . . . . . . . . 'f' Of Of Of;+::+:;t' +:+: + + '+::+::+: '+:;+::+ Of,.,,t;,.,'+: DIVORCE , . . , . . . . . , . . . , . . . . , . . . . . , , , . . . . , , . . . . . , . , . , , . , . , , . . , AND NOW, ?'J ,~....I.v Z. I . 2........- IT IS ORDERED AND -~, Roberta Beth Eberts DECREED THAT , PLAINTIFF, Scott M. Eberts AND , 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 marriage settlement agreement which was executed December 4'", 2005, and filed December 6th, 2005 shall be incorporated and not merged into this Decree. By THE COU~/~ T: C'~~ PROTHONOTARY . " H ,., Of;t' ~ ,.,;+; Of;+: :+;,., 'f:+::+::+::+::+: Of Of 'f:+: Of Of Of ;t'~. :+::t.;t::+: . . . . . , . . . . . . , . , . , , . . . . . . J. ~ ;/ y -'" /'??r .?Jot/" ???;IAfiJ) ,/ ~ );1'?7 /...' (/ r r .1..., /7(/. (l.' e'( ~!-}>>tJ p"f!- ~_J1;' ~7 ):?;?J 5(7 t'~ C/ ~ . .,