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HomeMy WebLinkAbout04-0443 NAHRGANG & ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. 1.0.: 60051 145 W. Lancaster Ave. Paoli, PA 19301 (610) 407-0722 EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. (J.{. Lf'-t~ ~ SHARON E. SWEENEY 65 Washington St, Apt. 8e Brooklyn, NY 11201 Defendant CIVIL - 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 NAHRGANG & ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. I.D.: 60051 145 W. Lancaster Ave. Paoli, PA 19301 (610) 407-0722 EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. SHARON E. SWEENEY 65 Washington St, Apt. BC Brooklyn, NY 11201 Defendant CIVIL - DIVORCE PLAINTIFF'S ACKNOWLEDGMENT AND NOTICE TO THE DEFENDANT OF THE AVAILABILITY OF COUNSELING Plaintiff hereby acknowledges and defendant is hereby notified that counseling is available to Plaintiff or Defendant if request is made for same either by letter to the Prothonotary or through your lawyer. If requested, the Court will require up to a maximum of three (3) counseling sessions. A list of qualified professionals who provide such counseling services may be obtained from the Office of the Prothonotary of the Cumberland County Court of Common Pleas, Cumberland County Courthouse - 1 Courthouse Square, Carlisle, PA 17013. ,...- //'''''''' ./". <.._~ EUGEN~NEY' JR. NAHRGANG << ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. I.D.: 60051 145 W. Lancaster Ave. Paoli, PA 19301 (610) 407-0722 EUGENE F. SWEENEY, Po Box 1161 Camp Hill, PA JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 17001 Plaintiff v. NO. SHARON E. SWEENEY 65 Washington St, Apt. 8C Brooklyn, NY 11201 Defendant CIVIL - DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Eugene F. Sweeney, Jr., whose current address is PO Box 1161, Cumberland County, Pennsylvania 17001. 2 . The Defendant is Sharon E. Sweeney, whose current address is 65 Washington St. , Apt 8C, Brooklyn, NY 11201. 3 . The Plaintiff has been a bona fide resident of Pennsylvania for over six (6) months prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 5, 1992, in St. David's, Westtown, Chester County Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its Allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1904 and its amendments. 6. There have been no prior actions in divorce or for annulment between the parties. 7. The Plaintiff has been advised of the availability of counseling and that the Defendant may have the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that defendant may also file such an Affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III - REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTIONS 3104(A) (1) AND (3) AND 3323(B) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated by reference as if fully set forth herein. 15. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 16. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 17. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated into any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code, this Honorable Court approve and incorporate such agreement in the final divorce decree. Relr~llY submitted, Ma thew R. Nahrgang Attorney for Plaintiff VERIFICATION Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. Date: ;/7/4 ! JR. ~~ - ....c. ...j ? ~ - - ~ o ~ ......r) C'" 'r>V J' ~ V' '" c;;./'> ~JU\ v' C' (') C ::."" -ri-c"'; ,__c.""'-.- ".., ;7 U~ -/ ~Sf~) ;:(; ,.0 ..j>c-:" Z =<! ~,,-- \""",,--\ ....., = "'-" or- .." fT1 OJ I N o -n :c n," F ..,.,rn 130 __.h -...-'-r -'- -,1 q-- -,0 c:;r-n ~ -< -u 3" 'i' en en NAHRGANG & ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. I.D.: 60051 145 W. Lancaster Ave. Paoli, PA 19301 (610) 407-0722 EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 04-00443 SHARON E. SWEENEY 65 Washington St, Apt. 8C Brooklyn, NY 11201 Defendant CIVIL - DIVORCE ACCEPTANCE OF SERVICE I, the Defendant, Sharon E. Sweeney, hereby accept service of the Complaint in Divorce. Date: 1... I"'. 04 NAHRGANG & ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. I.D.: 60051 35 Evansburg Road Collegeville, PA 19426 (610)489-3041 phone (610) 489-3042 fax E-Mail mnahrgang@verizon.net EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 04-00443 SHARON E. SWEENEY 65 Washington St, Apt. 8C Brooklyn, NY 11201 Defendant CIVIL - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on or about February 4, 2004. 2. The irretrievably of filing and marriage of plaintiff broken and ninety days have service of the Complaint. and defendant is elapsed from the date 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 understand that false statements are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Eugene F. Date: th ~!. ~I NAHRGANG & ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. I.D.: 60051 35 Evansburg Road Collegeville, PA 19426 (610)489-3041 phone (610) 489-3042 fax E-Mail mnahrgang@verizon.net EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 04-00443 SHARON E. SWEENEY 65 Washington St, Apt. 8C Brooklyn, NY 11201 Defendant CIVIL - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on or about February 4, 2004. 2. The irretrievably of filing and marriage of plaintiff broken and ninety days have service of the Complaint. and defendant is elapsed from the date 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 understand that false statements are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 0- 1-&. of W\A1 NAHRGANG & ASSOCIATES, PoCo BY: MATTHEW Ro NAHRGANG, ESQUIRE ATTY. I.D.: 60051 35 Evansburg Road Collegeville, PA 19426 (610)489-3041 phone (610) 489-3042 fax E-Mail mnahrgang@verizononet EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 04-00443 SHARON E. SWEENEY 65 Washington St, Apt. 8C Brooklyn, NY 11201 Defendant CIVIL - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(0) 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 unsworn falsification to authorities. Date: 'J!l <>/u '-I ~ Eugene~ney, Pla~ Jr. , NAHRGANG << ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. I.D.: 60051 35 Evansburg Road COllegeville, PA 19426 (610)489-3041 phone (610) 489-3042 fax E-Mail mnahrgang@verizon.net EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 04-00443 SHARON E. SWEENEY 65 Washington St, Apt. 8C Brooklyn, NY 11201 Defendant CIVIL - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(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 unsworn falsification to authorities. Date: 0.1r0'L9f NAHRGANG & ASSOCIATES, P.C. BY: MATTHEW R. NAHRGANG, ESQUIRE ATTY. I.D.: 60051 35 Evansburg Road Collegeville, PA 19426 (610)489-3041 phone (610) 489-3042 fax E-Mail mnahrgang@verizon.net EUGENE F. SWEENEY, JR. Po Box 1161 Camp Hill, PA 17001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. 04-00443 SHARON E. SWEENEY 65 Washington St, Apt. 8C Brooklyn, NY 11201 Defendant CIVIL - DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I, Eugene F. Sweeney, Jr., depose and state that I am the Plaintiff and that Defendant is not in the Armed Forces of the United States of America or its Allies, or otherwise within the purview of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. 04 - 44.3 Clic.>J_ 'T~ PROPERTY SETTLEMENT AGREEMENT Pursuant to the laws of this Commonwealth, this agreement (Agreement") is made and entered into by and between EUGENE F. SWEENEY, JR. (hereinafter "Husband") and SHARON E. SWEENEY, (hereinafter "Wife") on the date indicated below. WHEREAS, unfortunate differences have arisen between the parties making the continuation of their marital relationship impossible; and, WHEREAS, the parties desire to settle all matters between them arising out of their marriage. NOW THEREFORE, in consideration of these facts and circumstances and of the mutual promises made in this Agreement, Husband and Wife each agree: 1. Separation. The parties shall live separate and apart, and each shall go his or her own way without direction, control or molestation from the other, as if unmarried, and neither shall annoy or interfere with the other in any manner whatsoever. 2. wai ver 0 f Ai imony . Both parties waive, release, and relinquish any and all rights either of them may have against the other in the nature of support, alimony, alimony pendente lite, maintenance, and counsel fees. 3 . Debts. Each party agrees to assume and pay all outstanding debts individually incurred by him or her whether such debt was incurred before the marriage, during the marriage or during any period of separation, and each agrees to indemnify, defend and hold the other absolutely harmless from any expense, loss, claim or liability whatsoever arising from, or in any way Property Settlement Agreement between Eugene F. Sweeney, Jr~ and Sharon E. Sweeney - Page 1 connected with, such outstanding debts, except as herein otherwise agreed. As of the date of this Agreement, the parties acknowledge that all joint debts have been resol ved or distributed to their mutual satisfaction. 4. Real Estate. The parties were the joint owners of real property located at 1018 Spruce St, Apt If Phila, PA 19107 (hereinafter "the Property"). The same was disposed of via a limited property settlement agreement between the parties and all issues regarding the property have been resolved in that agreement. 5. Household Goods. Except as otherwise expressly agreed herein, Husband and Wife have divided, to their mutual satisfaction, all household goods, furniture, furnishings, fixtures and appliances. All such personal property whether acquired before the marriage, during the marriage or during any period of separation, shall be, and remain, the sole property of the party in whose possession it presently is, except as provided herein, free and clear of any claim on the part of the other. 6. Automobiles. Each party shall retain title and exclusive use of the vehicle which they currently drive and shall become solely obligated for all payments due or which may become due for the use, operation, maintenance and financing thereof, and shall hold the other party harmless thereon. 7. Bank Accounts. The parties agree that any checking and/or savings account currently held by either party, excluding Property Settlement Agreement between Eugene F~ Sweeney, Jr. and Sharon E. Sweeney - Page 2 those held jointly by both parties, shall be the sole property of the party holding title thereto, free and clear from any claim of the other party. 8. Income Tax Provisions. The parties shall file tax returns as they shall agree. 9 . Pensions. After full disclosure of the nature and extent of any rights to future income under any pension plans, be they established either individually by a party or by a past or present employer for the benefit of a party (all of which are hereinafter referred to as "Plan"), each of the parties hereby releases and waives any claim he or she may have in any Plan titled in the name, or held for the benefit, of the other party; and each party shall have full and absolute title to, or beneficial interest in, any such Plan now titled in his or her name, or held for his or her benefit, free from any claim of the other party now and forever. 10. Agreement to be Incorporated into Decree but Not to be Merged. The parties agree that this Agreement shall be presented to the Court having jurisdiction over their divorce with the request that it be incorporated by said Court in the final decree entered in said proceeding, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under Property Settlement Agreement between Eugene Fe Sweeney, Jr. and Sharon E. Sweeney - Page 3 this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 11. No-Fault Divorce. Each of said parties does hereby warrant and represent to the other that, by virtue of the changes in the Divorce Code of Pennsylvania, each party does desire to be divorced from the bonds of matrimony, and, therefore, each party voluntarily consents to the prosecution of a No-Fault Divorce action against the other under Section 3301 (c) of the Divorce Code, whether said action be brought by Husband against Wife or wife against Husband. Both parties agree to execute whatever documents are necessary and to make any appearances in court that are required under the applicable local rules of procedure. 12. Effective Date. This Agreement shall be effective on the date it has been executed by both Husband and Wife. 13. Insurance Policies. The parties make no agreement to obtain or maintain insurance policies. 14. Non-Use of Other's Credit. Neither Husband nor Wife may hereafter incur any debts or obligations upon the credit of the other, and each shall indemnify, defend and save the other absOlutely harmless from any debt or obligation so charged or otherwise incurred. 15. Attorney Fees. Except as otherwise agreed, each party shall pay and be responsible for his or her respective attorney fees and costs. 16. Division of Other Property. Wife shall pay to Husband $5,000.00 ("ED payment") which shall become his sole and exclusive property payable as follows: $1,000.00 upon execution Property Settlement Agreement between Eugene F. Sweeney, Jr. and Sharon E. Sweeney - Page 4 of this agreement and monthly payments to Husband in the amount of $250.00 per month for 16 months for a total of $4,000.00. The ED payment is part of equitable distribution and in no way shall be treated as alimony. Except as set forth herein, the parties have effected to their mutual satisfaction division of all other property, real or personal, in which they had an interest, either singly or jointly. All such property which Husband or Wife now has in his or her control and possession, shall be and remain his or her property, respectively, free from any claim whatsoever on the part of the other. Husband and Wife hereby waive and relinquish any and all right that he or she may now have or hereafter acquire in any real property or tangible or intangible personal property subsequently acquired by the other party. 17. Equitable Distribution. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was acquired by Husband and Wife or either of them during the marriage, as contemplated by 23 Pennsylvania C.S. Section 401 et seq. 18. Modification of This Agreement. This Agreement may not be altered, changed or modified except in a writing signed by each of the parties. 19. Advice of Counsel. Both parties acknowledge that they had an opportunity to seek the advice of legal counsel and that they are entering into this Agreement voluntarily of their own free will. Property Settlement Agreement between Eugene F. Sweeney, Jr~ and Sharon E. Sweeney - Page 5 22. Law Applicable. The provisions of this Agreement shall be construed and enforced in accordance with the applicable laws of this state. 21. Temporary Reconciliation. Husband and Wife agree that any reconciliation between the parties during which the parties come together to live again in the same domicile shall not void this Agreement, and this Agreement shall survive any temporary reconciliation between the parties. 22. No Waiver if Default. 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 23. Enforcement Expenses. If either Husband or Wife defaults in the performance of any of the terms, provisions or obligations herein set forth, and it becomes necessary to institute legal proceedings to effectuate the performance of any provisions of this Agreement, then the party found to be in defaul t shall pay all expenses, including reasonable attorney fees, incurred in connection with such enforcement proceedings. 24. Integration. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Property Settlement Agreement between Eugene F. Sweeney, Jr. and Sharon E. Sweeney - page 6 agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 25. Full Understanding. Each party fully understands all of the terms of this Agreement. Each party has read this Agreement and finds it to be in accordance with his or her understanding, and each voluntarily executes this Agreement and affixes his or her signature in the presence of the witnesses indicated below. 26. Performance of Necessary Acts. Each party shall execute any and all deeds, bills of sale, endorsements, forms, conveyances or other documents, and perform any act which may be required or necessary to carry out and effectuate any and all of the purposes and provisions herein set forth. Upon the failure of either party to execute and deliver any such deed, bill of sale, endorsement, form, conveyance or other document to the other party, this Agreement shall constitute and operate as such properly executed document. The County Auditor, County Recorder and any and all other public and private officials are authorized and directed to accept this Agreement or a properly certified copy hereof in lieu of the document regularly required for the conveyance or transfer. 27. Representations of Financial Status. Each party has made a true and direct representation of his or her financial status, including possible expectancies and inheritances. 28. Release. Each party does hereby release and discharge the other from all other claims, rights and duties arising out of Property Settlement Agreement between Eugene F. Sweeney, Jr. and Sharon E. Sweeney - Page 7 ." said marital relationship, and said parties mutually agree that each party hereto may freely sell and encumber or otherwise dispose of his or her own property by gift, bill of sale or Last Will and Testament. Each party is be these presents hereby barred from any and all rights or claims by way of dower, inheritance, descent and distribution, allowance of year's support, right to remain in the mansion house, all rights and claims as widow, widower, heir, distributee, survivor or next of kin and all other rights or claims whatsoever in or to the estate of the other, whether real or personal, or whether now owned or hereafter acquired which may in any manner arise or occur by virtue of said marriage. 29. Binding of Heirs. All the covenants, promises, stipulations, agreements and provisions herein contained shall bind the heirs, executors, administrators, personal representatives and assigns of the parties hereto. 30. Severability and Enforceability. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force an effect. 31. Facsimile signatures and counterparts This Agreement may be executed in any number of counterparts, including counterparts transmitted by telecopier or FAX, anyone of which shall constitute an original of this Agreement. When counterparts or facsimile copies have been executed by all parties, that shall have the same effect as if the signatures to each counterpart or copy were upon the same document and copies of such documents shall be deemed valid as originals. The Property Settlement Agreement between Eugene F. Sweeney, Jr. and Sharon E. Sweeney - Page 8 parties agree that all such signatures may be transferred to a single document upon the request of any party. Property Settlement Agreement between Eugene F. Sweeney, Jr. and Sharon E. Sweeney - Page 9 ." IN WITNESS the parties have WHEREOF, signatures hereto on the dates indicated. WITNESSES to Wife's signatur . ~~ 1WtO~~ _ ~i76/oVl ~ WITNEss~usband's Date signature: affixed Property Settlement Agreement between Eugene F. Sweeney, Jr. and Sharon E. Sweeney - Page 10 EUGENE F. Y, JR. <j /; u/a y Date their IN THE COURT OF COMMON PLEAS OF Cut1BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE . EUGENE F. SWEENEY, JR VS. SHARON E. SWEENEY . . NO. 04-00443 . . 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 S(3301Icl) 13301(dl (})) of the Divorce Code. {Strike out inapplicable section} 2. Date and manner of service of the complaint: Acceptance of Service dated 2-16-04 3. (Complete either paragraph lal (a) Date of the execution of divorce code: by plaintiff 8-30-04 Ib) III Date of execution of the or (b). I the affidavit of consent requlred by S33011c) of the ; by defendant 8-26-04 affidavit required by 53301(dl of the Divorce Code: {2j Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. (Complete either (a) or (bl.1 (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: lb) Date plaintiff's Waiver of Notice in S330l(c) Divorce was filed with the prothonotary: 9-10-04 Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: 9-10-04 6. The following is requested: :i ,_I Decree in divorce with property settlement attached Decree in divorce with no other relief granted Bifurcated Decree in divorce with the court to retain jurisdiction over unresolved claims which shall be listed for a hearing. Stipulation or order to bifurcate required. Order approving ground for divorce and referring matters for a hearing on unresolved claims. Decree in divorce deferred. L~ 7. Pennsylvania vital statistics form attach~ Signature of attorney Matthew R. Nahrgang Print name and 1D number 60051 (610)489-3041 Telephone number .> , \'; " . . . . 't::!'ifO;: :+.:+::f.:+:'t:'f''+':+:'f. 'f.'I':f. ;+::+: +:+. +. Of.;+: of. ;+:++++++ ++++++++:f.+~ . . . . . . "'++'f''f+ H :+: 4; +: T. ... ++:f.:f. IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . . . . . . . . . OFCUMBERLANDCOUNTY Eugene F. Sweeney, Jr. PENNA. STATE OF No. 04-00443 VERSUS Sharon E. Sweeney . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE Now,_N~ to "~ IT IS ORDERE:O AND AND . . . . . . . . . . . . . . . DECREED THAT Eugene F. Sweeney, Jr. , PLAINTIFF, Sharon E. Sweeney AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . . . . . BEEN RAISED OF REC'iRL'N THIS ACTION FOR YET BEEN ENTERED; ~ WH ICH A FI NAL ORDER HAS NOT . E"(",, _."-,,, Trf'~ attached property settlement agreement which . . . . . . . . . . . . . . . . . . . . . is hereby approved and incorporated but not , to this decree. . . . . . . + + + . + . ATTEST: J, . . . . + . + PROTHONOTARY . . . + ++++ +++'1''+'+:+.'+'+++++++++ ++'+'+'+:'+''+''1''+'++++++++++++++++++++ +++++++~ . . + . + . + . . . . + + . . + . . + . . . + + . . . . . . . + . + + . . + . + + . + . . . + . . + . + . . . . + . . . . . . + . + . . . . .;lfF ;?: J'Pr.?>V7'??t. hr/ tll/ ~~2< ~.~ r?,,1?>qI #i6/ /'"9 14 ~I II .