Loading...
HomeMy WebLinkAbout04-0896NICHOL W. FREE, SEAN R. FREE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. Or4 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAJM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 NICHOL W. FREE, : Plaintiff : V. : SEAN R. FREE, : : Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. t'bq DIVORCE COMPLAINT UNDER l~ 3301 OF THE DIVORCE CODE 1. Plaintiff is Nichol W. Free who currently resides at 10 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Sean R. Free who currently resides at 23 Limekiln Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. The parties were married on September 18, 1999 in Luzerne 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 1940 and Its Amendments. 6. There has been no prior action for divome or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiffavers that there was one child bom of the marriage under the age of 18: Dylan Taylor Free, DOB: 3/20/01. thereto. 10. 11. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER .~ 3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER ~ 3301(d) OF THE DIVORCE CODE 12. thereto. 13. The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. 14. The parties have been living separate and apart since January 18, 2004; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears Supreme Court I.D. No. 87737 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: VERIFICATION I, Nichol W. Free, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: NICHOL W. FREE, SEAN R. FREE, Plaimiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : Docket No. 04 - ~ ~(, : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Sean R. Free, Defendant in the above-captioned matter. Respectfully Submitted: ~i..~Nod. a~9~'6E5squire // 3/6 South Pitt Street (_~Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT NICHOL W. FREE, SEAN R. FREE, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-896 In Divorce MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this __ day of , 2004, by and between NICHOL W. FREE (hereinafter "Wife") of Cumberland County, Pennsylvania, and SEAN R. FREE (hereinafter "Husband") of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on September 18, 1999, in Luzeme County, Pennsylvania; and WHEREAS, one child was bom of the marriage, Dylan Taylor Free (d.o.b. 03/20/2001); and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in _; the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. and Document#:243327 WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WlFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and -2- Document ii.- 243327 estate fi.om any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relafionship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of furmer or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow's rights, family exempfion or similar allowance, or under the intestate laws, or tl~e fight to take against the spouse's will, or the fight to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of acfion, claims, fights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE There is a marital residence in Husband's name situated at 10 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania, 17257 ("marital residence"). Said marital residence is currently encumbered with a first mortgage with Gateway Funding Diversified Mortgage Services L.P. The balance on said mortgage as of February 21, 2004 is $61,705.36. In consideration of the mutual promises of the parties, it is agreed as follows: Document #: 243327 -3- (a) Within ninety (90) days of the date of the signing of this Agreement, Husband agrees to transfer all of his right, title, and interest in the marital residence to Wife; (b) Wife will assume sole responsibility for the payment of the first mortgage on the marital residence and cooperate with Husband to ensure that Husband is released from the mortgage, and within ninety (90) days shall refinance the mortgage to insure that Husband is released from the mortgage; (c) Wife shah assume sole responsibility for the payment of all mortgages, taxes, insurance, upkeep, and related expense,s for the property beginning on April 1, 2004 and shah indemnify Husband for her failure to do so; and (d) Husband shah execute a Deed conveying to Wife all of his right, title and interest in the marital residence, free and clear of all encumbrances. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction in accordance with Exhibit A, which is attached hereto and incorporated herein by reference..All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of the 2002 Huyndai Elantra GT and 2003 Honda Shadow 750 Deluxe motorcycle in his possession. Wife shall retain sole and exclusive ownership of the 2000 Huyndai Elantra stationwagon in her possession. Husband and Wife agree to -4- Document #: 243327 execute, within thirty (30) days of the date of this Agreement, any and ail forms, titles, and documents necessary to transfer the aforesaid vehicles fxom joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage. Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, title, interest, or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retirement~pmfit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have be~n closed or divided to their mutual satisfaction prior to the execution of this Agreement. Document #: 243327 -5- 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall no__.~t constitute alimony, but is made as part of the parties' equitable distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the In~ternal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor or transferee. Document#:243327 -6- 13. CHILD CUSTODY AND SUPPORT (a) The parties shall have shared legal custody of their minor child, Dylan Taylor Free (d.ob. 3/20/01). Each parent shall have an equal fight to be exercised jointly with the other parent to make all major non-emergency decisions affecting the Minor Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S., Section 5309, each parent shall be entitled to all records and information pertaining to the Minor Child including, but not limited to, medical, dental, religious or school records, and the resident address of the Minor Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. (b) Wife will have primary physical custody of the iMinor Child. Husband will have shared physical custody of the Minor Child as agreed upon by the parties. (c) Communication must remain open between the parents regarding school activities and any other extracurricular activities of the Minor Child. (d) The parties agree that the holiday schedule will be arrived at only upon the mutual agreement of both parties. (e) Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the Minor Child. To that end, the parties Document #: 243327 -7- agree to cooperate with one another to encourage the Minor Child's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication with would adversely affect the Minor Child's relationship with either parent. Neither party shall make disparaging comments about the other in front of the Minor Child; nor will they permit any of their relatives or any other third party to do so. (f) Both parties agree that neither party shall remove the Minor Child from the Commonwealth of Pennsylvania for an extended period of tirne without prior notification and approval of the other party. (g) The parties agree that the Minor Child shall ]have liberal fights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to physical custody. (h) Both parties agree that the custody portion of this Agreement may only be modified in writing or through further order of this Court. (i) Vacations will be discussed and arrangements will be arrived at upon mutual agreement of the parties. (j) Upon agreement of the parties, Husband will pay Wife the amount of $600.00 monthly as child support. This will be paid $300.00 on the 15th of every month and $300.00 on the last day of every month. Both parties realize that this amount may be subject to modification by a change in circumstances of either party. (k) Wife will have exclusive control of the M~gor Child's college funds and all savings and investments placed in the name of the Minor Child. The parties agree that this fund P~5/~e~ae~ar. is only to be used for the educational expenses of the minor child. Document #: 243327 -8- (1) Upon the knowledge of pending relocation irt excess of a 50-mile radius, temporary or permanent of either parent, each parent must infurm the other of his/her new address and telephone number within thirty (30) days. 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice fi:om counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the te~ms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confum that each is entering into this Agreement fi:eely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. Document #: 243327 -9- As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 18. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause, or provision of this Agreement shall be detennined or declared to be void or invalid in law or other, vise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and the/r respective heirs, executors, administrators, successors, and assigns. Document #: 243327 -10- 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 23. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both paxties. 24. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement fxeely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divome Code of 1980, as amended. 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occ~m'ed. Document #: 243327 -11- IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: 1 W. Free Sean R. Free Document #: 243327 -12- COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF '~ 'Ov~?'Y~"-'h : SS On this, the,~day of_~2g~_~, 2004, before me, the undersigned officer, personally appeared Nichol W. Free, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CAROL A. LYTER, mta~ Public I My Commission Expires: Ci[y of Harrisburg, Dauphin County ! My Com~i~E ~x13~ll~112~. ~8,, 3004I ******************************************************************************** COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF : On this, the [/~_~day of pl~Tf-.-} &- , 2004, befbre me, the undersigned officer, personally appeared Sean R. Free, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Document (4:243327 EXHIBIT A - Page 1 Personal Property To Which Wife Will Be Entitled Kitchen Items Refi'igerator Stove Dishwasher Microwave Dining room table and chairs Hutch Living Room Items Sofa, love seat, coffee table, end tables Entertainment center, 19"tv, VCR, Sony stereo Master Bedroom Items Bedroom suite 19" tv, VCR and DVD player Spare Bedroom Items Bedroom suite Computer desk, computer, all-in-one copier scanner printer fax, paper shredder Sony video camera, Digital camera Downstairs Items Bar, barstools, bar glassware, microwave, small refrigerator Pellet stove Artificial fireplace Leather double reclining sofa and coffee table Couch, love seat, end tables 55 gal. fish tank and fish Three arcade games (Captain America and the Avengers; Aliens; Altered Beast .Shed Items Snowblower Riding lawn mower and push mower Bicycles Document #: 243327 EXHIBIT A- Page 2 Personal Property To Which Husband Will Be Entitled Kitchen Items Artwork from amber Living room items Viet Nam artwork and figurines Putt print, unframed Putt prints Master Bedroom N/A Spare Bedroom Filing cabinets Downstairs Items Treadmill Bowflex DVD collection Entertainment Center including 27" TV, VCR, DVD player, Sony stereo Tools including power drill, table saw and mitre saw Document #: 243327 NICHOL W. FREE, Plaintiff, V. SEAN R. FREE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-896 In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on March 2, 2004 and served upon Defendant on March 10, 2004. 2. The marriage of Plaintiff and Defendant is irrethevably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: C '0~ l~chol W. Free -- 307641-1 NICHOL W. FREE, SEAN R. FREE, Plaintiff, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-896 In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF TIlE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diw~me decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: Ni~o~ w. Free 307641-1 NICHOL W. FREE, Plaintiff, V. SEAN R. FREE, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-896 In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on March 2, 2004 and served upon Defendant on March 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: Sean R. Free 307641-1 NICHOL W. FREE, V4 SEAN R. FREE, Plaintiff, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET 1'40.04-896 In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Sean R. Free 307641-1 NICHOL W. FREE, SEAN R. FREE, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-896 In Divorce AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Nichol W. Free, in the above- captioned action, hereby certify that a tree and correct copy of the Complaint in Divorce was served upon Defendant, Sean R. Free, via regular mail and certified, return receipt restricted mail on March 10, 2004. Attached hereto, marked as Exhibit "A", ard incorporated herein by reference is a copy of the return receipt card for said service. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esquire Attomey I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff 309022-1 Exhibit A NICHOL W. FREE, : : Plaintiff, : SEAN R. FREE, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET BIO. 04-896 In Divorce CERTIFICATE OF SERVICE AND NOW, this~.r~ day of ~ , 2004, I, Andrew C. Spears, Esquire, of ) Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Nichol W. Free, hereby certify that I served a copy of this Affidavit of Service this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Sean R. Free c/o Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:. Andrew C. Spears 309022-1 NICHOL W. FREE, Plaintiff, V. SEAN R. FREE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CWIL ACTION - LAW DOCKET N0.04-896 In Divorce PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on March 2, 2004, and served on Defendant on March 10, 2004. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Plaintiff.' June 26, 2004; July 1, 2013~ Defendant: June 29, 2004; July 7; 2004 (b)(1) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: NA 309022-1 Dated: (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filing: NA Service: NA Complete the appropriate paragraphs: (a) (b) (c) (d) (a) Related claims pending: None Claims withdrawn: None Claims settled by agreement of the parties: All State whether any written agreement is to be incorporated into the Divorce Decree: Marital Settlement Agreement, April 26, 2004 Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301 (d)(1)(i) of the Divorce'. Code: Service: NA Date Plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 1, 2004 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 7, 2004 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 309022-1 NICHOL W. FREE, : : Plaintiff, : SEAN R. FREE, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET 1'40.04-896 In Divorce CERTIFICATE OF SERVICE .~'~x~%F , 2004, I, Andrew C. Spears, Esquire, of Metzger, Wick~rsham, Knauss & Erb, P.C., attomeys for Plaintiff, Nichol W. Free, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Sean R. Free 23 Limekiln Road Carlisle, PA 17013 METZGER, WICKERSI-LadM, KNAUSS & ERB, P.C. By: Andrew C. Spears 309022-1 1N THE: COURT Of COMlVION PLE:AS OF CUMBERLAND COUNTY STATE Of ~~~ PENNA. No. 2004 - 896 NICHOL W. FREE VERSUS SEAN R. FREE AND NOW, DECREED THAT DECREE IN DIVORCE NICHOL W. FREE ,PLAINTIFF, AND SEAN R. FREE ,DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOl..LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; BY THE COURT: ATTEST: - ~~ PROTHONOTARY