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08-3591
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff VS. No. 08 - 3SR1 0,1vi ! Term Julie Anne Shade Defendant 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, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for Cumberland County: IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL 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: Cumberland County Bar Association Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Allegheny Co., Pittsburgh: (412) 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver: (412) 728-4888 Bedford Co., Bedford: 814-623-4833 Berks Co., Reading: (610) 375-4591 Blair Co., Hollidaysburg: (814) 693-3090 Bradford Co., Towanda: (570) 265-1705 Bucks Co., Doylestown: (215) 348-9413 Lackawanna Co., Scranton: (570) 969-9600 Lancaster Co., Lancaster: (717) 393-0737 Lawrence Co., New Castle: (724) 656-2143 Lebanon Co., Lebanon: (717) 274-2801 Lehigh Co., Allentown: (610) 433-7094 Luzerne Co., Wilkes-Barre: (717) 822-6712 Lycoming Co., Williamsport: (570) 327-2251 McKean Co., Smethport: (814) 887-3270 Mercer Co., Mercer: (724) 342-3111 Butler Co., Butler: (724) 284-5214 Cambria Co., Ebensburg: (814) 472-1636 Cameron Co., Emporium: (814) 468-3355 Carbon Co., Jim Thorpe: (570) 325-2481 Centre Co., Bellefonte: (814) 355-6796 Chester Co., West Chester: (610) 429-1500 Clarion Co., Clarion: (814) 226-1119 Clearfield Co., Clearfield: (814) 765-2641 Clinton Co., Loch Haven: (570) 893-4007 Columbia Co., Bloomsburg: (570) 389-5600 Crawford Co., Media: (814) 333-7324 Cumberland Co., Carlisle: (717) 249-3166 Dauphin Co., Harrisburg,: (717) 232-7536 Delaware Co., Media: (610) 566-6625 Elk Co., Ridgway: (814) 776-5344 Erie Co., Erie: (814) 459-4411 Fayette Co., Uniontown: (724) 430-1272 Forest Co., Tionesta: (814) 755-3526 Franklin Co., Chambersburg: (717) 261-3858 Fulton Co., McConnellsburg: (717) 485-4212 Greene Co., Waynesburg: (724) 852-5289 Huntingdon Co., Huntingdon: (814) 643-1610 Indiana Co., Indiana: (724) 465-3855 Jefferson Co., Brookville: (814) 849-1606 Juniata Co., Mifflintown: (717) 436-7715 Mifflin Co., Lewistown: (717) 248-8146 Monroe Co., Stroudsburg: (570) 424-7288 Montgomery Co., Norristown: (610) 279-9660 Montour Co., Danville: (570) 271-3010 Northampton Co., Easton: (610) 258-6333 Northumberland Co., Sunbury: (570) 988-4151 Perry Co., New Bloomfield: (717) 582-2131 Philadelphia Co., Philadelphia: (215) 238-1701 Pike Co., Milford: (570) 296-7231 Potter Co., Coudersport: (814) 274-9740 Schuylkill Co., Pottsville: (570) 628-1270 Snyder Co., Middleburg: (570) 837-4202 Somerset Co., Somerset: (814) 445-1428 Sullivan Co., Laporte: (570) 946-7351 Susquehanna Co., Montrose: (570) 278-4600 Tioga Co., Wellsboro: (570) 724-9281 Union Co., Lewisburg: (570) 524-8751 Venango Co., Franklin: (814) 432-9577 Warren Co., Warren: (814) 728-3440 Washington Co., Washington: (724) 225-6710 Wayne Co., Honesdale: (570) 253-5970 Westmoreland Co., Greensburg: (724) 834-8490 Wyoming Co., Tunkhannock: (570) 253-5970 York Co., York: (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff Julie Anne Shade Defendant DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Mark Hanson Shade, who currently resides at 1815 Green Street, Harrisburg, Pennsylvania 17102. He has resided at this address at least since January 2007. 2. The Defendant is Julie Anne Shade, who currently resides at 1638 Lowell Lane, New Cumberland, Pennsylvania 17070. She has resided at this address at least since February 2003. 3. The Defendant has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 06, 1990, at St. Mark's United Methodist Church, Mt. Joy, Pennsylvania, County of Lancaster. 5. Neither the Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an affidavit consenting to a divorce. The Plaintiff believes that the Defendant will 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, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) and 3323(8) DIVORCE CODE 1. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference as though fully set forth. 2. The Plaintiff and Defendant have reached an agreement on issues including alimony, property division, child support and child custody. WHEREFORE, the Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code. 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 1 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date PlaintiqC7 MARRIAGE C'ERTIFIC'ATE License Number: E-13-361 I, REV. W. RICHARD KOHLER hereby certify that on October 6, 1990 at MOUNT JOY, PA MARK HANSON SHADE and JULIE ANNE ENDSLOW were by me united in marriage, in accordance with license issued by the Clerk of the Orphans' Court Division of the Court of Common Pleas of Dauphin County, Pennsylvania. Certified from the record June 3, 2008 REV. W. RICHARD KOHLER Clerk of the Orphans' Court Division Officiant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff vs. No. Julie Anne Shade Defendant DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Mark Hanson Shade, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her own knowledge that the Defendant Julie Anne Shade herein is not in the military service as defined in the Servicemembers Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: At no time has my spouse ever participated in any branch or service of the military. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other perso liable, primarily or secondarily, for a party in the military service. Plaintif IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: d`d ' NOTARY PUBLIC OOAOADNWEALIH?PFNNMVANA NMARIAL SEAL Carol K Moyror, Notary Public City of Harrisburg, Dauphin Can* oommiadw apires F 17, 2012 DOMESTIC RELATIONS INFORMATION SHEET CR NO. FOLIO NO. DR NO. CP NO. INFORMATION ON PARENTS FATHER OF CHILDREN: FIRST NAME MI LAST NAME ALIAS, IF ANY Mark Hanson Shade MAILING ADDRESS RESIDENTIAL ADDRESS, IF DIFFERENT FROM MAILING ADDRESS 1815 Green Street, Harrisburg, Pennsylvania 17102 11/03/1963 DATE OF BIRTH 211-Sb-1213 SOCIAL SECURITY NO. DPW NO. 5 ft. 10 205 Caucasian Brown and Gray Hazel Beard in. WT RACE HAIR EYES DISTINGUISHING HT FEATURES Commonwealth of Pennsylvania Keystone Health Plan Central PLACE OF EMPLOYMENT MED. INS. CARRIER NAME, ADDRESS PHONE: 800-889-3863 POLICY NO.: CHILDREN COVERED? No YVW80047763800 Deputy Director of Communications OCCUPATION: ATTORNEY'S NAME & ADDRESS ATTORNEY SALARY: $ PER HOUR ATTORNEY ID NO.: MOTHER OF CHILDREN: FIRST NAME MI LAST NAME ALIAS, IF ANY Julie Anne Shade MAILING ADDRESS RESIDENTIAL ADDRESS, IF DIFFERENT FROM MAILING ADDRESS 1638 Lowell Lane, New Cumberland, Pennsylvania 17070 06/08/1962 Zco ! 3 c DATE OF BIRTH SOCIAL SECURITY NO. DPW NO. 5 ft. 0 in. 140 lbs. Caucasian Blonde Hazel HT WT RACE HAIR EYES DISTINGUISHING FEATURES Modern Transit Partnership Health Assurance PLACE OF EMPLOYMENT MED. INS. CARRIER NAME, ADDRESS PHONE: 866-315-9694 POLICY NO.: 850915433-01 CHILDREN COVERED? Yes Administrative Coordinator OCCUPATION: ATTORNEY'S NAME & ADDRESS ATTORNEY SALARY: $ PER HOUR ATTORNEY ID NO.: RECEIVING ASSISTANCE: No DPW NO. TOTAL NO. OF PEOPLE IN HOUSEHOLD: DISTRICT RECEIVING FROM: SEMI-MONTHLY GRANT AMOUNT: PARTIES EVER MARRIED? MARRIAGE DATE: October 06, MARRIAGE LOCATION: St. YES 1990 Mark's United Methodist Church DATE OF SEPARATION: DIVORCE DATE: PLACE: Janus 27 2007 MATERNAL MOTHER'S MAIDEN NAME: FATHER'S NAME: GRANDPARENTS: Mabel Espenshade Harry Habig INFORMATION ON CARETAKER OF CHILD(REN) OTHER THAN PARENTS (IF ANY) NAME: FIRST MI LAST RELATIONSHIP ADDRESS DATE OF BIRTH PHONE: SOCIAL SECURITY NO.: i DOMESTIC RELATIONS INFORMATION SHEET INFORMATION ON CHILDREN FIRST NAME MIDDLE INITIAL LAST NAME SEX DATE OF BIRTH Olivia Hanson Shade Female 09/04/1996 SOCIAL SECURITY NO. PLACE OF BIRTH ACTIVE ON CASH ASSISTANCE? 9 $ --7(0- 35i{y Harrisburg, Pennsylvania No FATHER LISTED ON BIRTH CERTIFICATE? BORN OUT OF WEDLOCK? No No WAS PATERNITY ESTABLISHED? DATE OF PATERNITY ESTABLISHMENT Yes • r MARITAL PROPERTY The Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number: 1 Description of Prop( Mark's Income Cost or Value as of Date of Acquisition: $75,000.00 :rty: Names of All Owners: Date of Acquisition: Mark Hanson Shade 10/01/2005 Julie Anne Shade Value as of Date of Amount of Any Lien Action Commenced: $0.00 $78,000.00 Nature of Any Lien: Effective Date of Lien: Holder of Lien: N/A N/A N/A Item Number: 2 Description of Property: Names of All Owners: Date of Acquisition: Julie's Income Mark Hanson Shade 03/15/1996 Julie Anne Shade Cost or Value as of Value as of Date of Amount of Any Lien: Date of Acquisition: Action Commenced: $0.00 $28,000.00 $45,000.00 Nature of Any Lien: Effective Date of Lien: Holder of Lien: N/A N/A N/A Item Number: 3 Description of Property: Names of All Owners: Date of Acquisition: 1638 Lowell Lane, New Mark Hanson Shade 02/01/2003 Cumberland, PA 17070 Julie Anne Shade Cost or Value as of Value as of Date of Amount of Any Lien: Date of Acquisition: Action Commenced: $240,000.00 $225,000.00 $285,000.00 Nature of Any Lien: Effective Date of Lien: Holder of Lien: Mortgage 02/01/2003 Wells Fargo .O Lr" rn 08.3581 bvi t Tern Marital Separation and Property Settlement Agreement between Mark Hanson Shade and Julie Anne Shade AGREEMENT, made this 3day of May, 2008, between Mark Hanson Shade (hereinafter referred to as Husband) and Julie Anne Shade (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were married in Mt. Joy, Pennsylvania, on October 06, 1990, in a religious ceremony. There is presently one minor child born of or adopted by said marriage, namely Olivia Hanson Shade, born September 04, 1996. There are presently no adult children, born of or adopted by said marriage, who are legally dependant upon the parties for care or support. There are presently no adult children who are over the age of 21 and have mental and/or physical disabilities. Differences have arisen between the parties. They are now, and have been since January 27, 2007, no longer living as Husband and Wife, living separate and apart, voluntarily and by mutual consent, with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding custody of their minor child, alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c) or (d), as appropriate. 2. CUSTODY AND VISITATION GENERAL. Each party agrees to foster in the mind of their child attitudes of respect and love for both of the parents. Each party agrees not to denigrate the other party in the eyes of their child nor to attempt to alienate their child from the other party. Each party agrees to keep the other party fully informed as to the status of the health of the child and to consult with the other party on the major problems and decisions affecting the child, including the schools which the child will attend; the religious instruction the child shall receive; the health care the child shall receive; the manner in which the child shall be disciplined; the extent of any travel of the child away from home; and any other decisions affecting the child's growth and development, to the end that their child will have, as much as possible, the benefit of two parents. Page 1 of 11 The parties further agree to exert every reasonable effort to maintain free access and unhampered contact between each of them and the child. The parties state that the best interests and welfare of the child are of paramount consideration for both of them. They shall make every effort to foster the respect and affection of the child for each other and shall do nothing which would in any way estrange the child from the other party, or which would injure the opinion of the child for the other party, or which would hamper the free and natural development of the love and affection of the child for the other party. Each party agrees to notify the other of any change in address or telephone number. CUSTODY. The parties have carefully weighed their decision regarding the custody of their minor child, and in so doing have been guided solely by considerations touching upon said child's welfare. The parties have concluded that it is in the best interest of said child that the parties shall have joint legal custody and control of the minor child of the parties hereto. The parties have concluded that it is in the best interest of the said child that the physical custody of the child shall primarily rest with the Wife, with the child residing in the home of said party during the greater part of each year. The Husband is to have access and parental rights as specified below. It is agreed, however, that physical custody shall shift to the Husband, at such time as the child resides in the home of the Husband, plus any and all such other times as the Husband shall provide for the care and custody of the child, either in the home or otherwise, pursuant to the agreement of the parties. During these periods, the Wife shall have access and parental rights as specified herein below. The parties agree that during the time each of them has the child in his or her physical possession, that parent shall decide all routine matters concerning the child's welfare, medical needs, etc. The parties further agree to cooperate with one another in establishing a mutually-supportive arrangement regarding such routine decisions. Both parties shall be informed at all times of the residence of the child, and each party shall notify the other immediately of any illness or emergency that may arise while the child is in his or her custody. The parties agree that the child shall not be removed from the area for a period of more than one week without the consent of the other party. The parties agree that each parent shall be entitled to immediate access from the other, or from a third party, to records and information pertaining to the minor child, including, but not limited to, medical dental, health, school, or educational records. Each party shall be entitled to speak to the child by telephone at reasonable times and intervals when the child is in the custody or subject to the control of the other party. CHANGE OF NAME. Notwithstanding the possible remarriage of either party, the minor child of the parties shall continue to be legally and publicly known by the names in use as of the date of this Agreement. The child shall not, for any reason or purpose, use or assume the name of any subsequent spouse of either party or any other surname. The parties shall see to it that the designations "father' and "mother" or their equivalent shall be used by the child to refer to the parties hereto and to no other person. 3. SUPPORT AND MAINTENANCE OF THE MINOR CHILD Subject to the power of the court to modify these terms, the Husband shall pay to the Wife for the support and maintenance of the minor child of the parties the sum of Two Hundred and Fifty Dollars and Zero Cents ($250.00) per week for each child, in advance. As agreed to by the parties, said payments commenced on the date of separation, January 27, 2007. These payments continue presently, and shall continue per week hereafter, provided that such payments shall cease for each minor child as he or she reaches the age of eighteen (18), marries, becomes emancipated, becomes self-supporting, or dies, whichever occurs first, unless noted elsewhere in this Agreement. Said child support shall be adjusted at such time as the obligation to support each child ends. Said child support payments shall also be adjusted each year consistent with the percentage changes in the Husband's income from the previous year, less any applicable expenses and/or deductions. To satisfy Page 2 of 11 the Wife of the change in the Husband's income, the Husband or his accountant shall provide the Wife a copy of his Federal income tax return each year. Such efforts shall end when all child support obligations have terminated, unless otherwise required. 4. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. 5. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. The Wife shall solely bear the cost and responsibility to maintain major medical and hospitalization insurance for the benefit of the minor child of the parties. The Husband shall pay ten percent (10%), and the Wife shall pay ninety percent (90%), of all medical, dental, or orthodontia expenses for the benefit of the minor child which are not covered by said insurance. This is to include all emergency medical treatment. TERMINATION. Obligations for insurance and uncovered expenses for each dependant child of the parties shall terminate when the child becomes independent or reaches twenty one (21) years of age, unless otherwise limited by law or available policies. Such obligations for each minor child shall also terminate as the child becomes emancipated (marries, or otherwise legally qualifies as an adult due to specific events identified by state laws). 6. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY. The parties own as tenants by the entirety, in fee simple, the property known as 1638 Lowell Lane, New Cumberland, Pennsylvania 17070, which is presently occupied by the Wife. It is the intention of the parties that the Wife shall be the sole owner of the marital home. Therefore, the parties agree as follows: The parties agree that the marital home is valued at approximately Two Hundred and Eighty Five Thousand Dollars and Zero Cents ($285,000.00), and that it currently holds two (2) liens, valued at approximately Two Hundred and Forty Thousand Dollars and Zero Cents ($240,000.00). Therefore, the parties agree that the current equity in the marital home is approximately Forty Five Thousand Dollars and Zero Cents ($45,000.00). Page 3 of 11 The Husband shall immediately sign a Deed to the marital home deeding all of his interest in it to the Wife. Said Deed shall be prepared by the Husband or his attorney and the Husband shall bear the sole cost of preparation and recording of the Deed. The parties agree that this transfer of the real property is not a sale. The Wife will not provide any financial compensation to the Husband for this transfer. The Wife shall assume all responsibility and obligation for payment of any existing lien or mortgage on this property, unless specified elsewhere in this Agreement. If any existing lien or mortgage cannot, by structure or limitation of the lien or mortgage contract, be assumed solely by one party, the Husband and Wife will cooperate fully to re-finance all existing liens into the Wife's name only or to otherwise terminate any financial obligation of the Husband created by an existing lien or mortgage. At such time as the Wife may choose to sell or refinance said property, the proceeds of such shall first pay the costs of the transaction and all encumbrances and liens against said property. Following these deductions, the Husband shall receive forty five percent (45%) of all remaining proceeds, and the Wife shall receive fifty five percent (55%). Similarly, in the event that such a sale or refinancing does not result in any net proceeds, that is, where the value of the property as specified within the sale or refinancing documents does not exceed the costs of the transaction combined with the value of all encumbrances and liens against said property which exist at that time, the parties agree that the financial responsibility for the payment of the remaining costs and balances shall be divided using the same proportions and terms. The responsibilities of the parties pertaining to capital gains taxes related to this property are specifically addressed elsewhere in this Agreement. The Wife shall be entitled to sole possession of said premises (rent-free). Expenses associated with the ownership and/or occupancy of the marital real estate shall include the mortgage, taxes, insurance, repair costs and every other cost associated with the maintenance of the property. During such time as the property is jointly-owned by the parties, the Husband's share of said expenses shall be zero percent (0%) and the Wife's share of said expenses shall be one hundred percent (100%). A party's financial responsibility shall end when all of his or her ownership and/or property rights are lawfully transferred to another. When applicable, this Agreement acts as an authorization and directive to the settlement attorney to issue separate checks to the Wife and the Husband pursuant to the details of this section of this Agreement. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage. The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage. Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. COMMON FINANCIAL ASSETS. Except where otherwise specified in this Agreement, the parties shall divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other common financial assets which are legally marital property, whether titled in one or both parties' names. Once divided to the satisfaction of both parties, neither party shall make any claims on the other party's common financial assets, unless such claim can be reasonably considered appropriate compensation for the breach of some other clause of this Agreement, or unless such claim is proper pursuant to a separate amendment, contract, or legal action. Page 4 of 11 OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 7. LIFE INSURANCE The parties agree that each shall maintain at least one life insurance policy, copies of which will be supplied to the other party upon execution of this Agreement, naming the other as trustee for any dependant children of the parties, who will be named beneficiaries. 8. RETIREMENT BENEFITS The Wife agrees to waive and release any rights or claims she may now have to any retirement pay, benefits or privileges earned by the Husband before or during this marriage. The Husband agrees to waive and release any rights or claims he may now have to any retirement pay, benefits or privileges earned by the Wife before or during this marriage. The Husband hereby waives all right to claim interest or share in the Wife's Individual Retirement Accounts, which shall become her sole property. The Wife hereby waives all right to claim any interest or share in the Husband's Individual Retirement Accounts, which shall become his sole property. The Husband and the Wife agree that if any payments are specified in this section, said payments will not be taxable to the receiving party, as the payment will be received as a division of marital property of the parties. Each party pledges to cooperate with the other to secure approval of or execution of any documents that are necessary to transfer pension, 401(k) or IRA funds to the payee from the payor's accounts, if applicable. 9. ESTATE PLANNING INHERITANCE. This Agreement is not to address issues related to inheritance unless specified in other sections. ADMINISTRATION. This Agreement is not to address issues related to probate estate planning unless specified in other sections. 10. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make purchases on the credit of the other. CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any Page 5 of 11 liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. INDEMNIFICATION. Except as otherwise specified herein, the parties agree that each will be responsible for his or her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wife against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either parry shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts or obligations of any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. 11. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. LEGAL REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have decided not to do so. The parties fully understand the facts and terms of this Agreement. Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. TAX RETURNS AND REFUNDS The parties shall file joint Federal and state income tax returns for the taxable year 2007. The parties shall share the costs incurred in the preparation of said income tax returns or any resulting tax liability in Page 6 of 11 proportion to their respective incomes. In the event, however, that either party would be obliged to pay greater taxes for the year 2007 than if that party had filed separately, the parties shall file separately rather than jointly. The parties shall file joint Federal and state income tax returns for the taxable year 2008. The parties shall share the costs incurred in the preparation of said income tax returns or any resulting tax liability in proportion to their respective incomes. In the event, however, that either party would be obliged to pay greater taxes for the year 2008 than if that party had filed separately, the parties shall file separately rather than jointly. If the parties agree to a joint filing for any taxable year, the Husband shall indemnify and hold harmless the Wife against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax returns with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. At such time as the parties shall file separate Federal and State income tax returns, the Husband shall be entitled to claim the deduction for the dependency exemption for none of the minor children named herein and the Wife shall be entitled to claim the deduction for the dependency exemption for one (1) minor child named herein, as long as either party is entitled to claim the dependency exemption under Section 152(e) of the Internal Revenue Code of 1954, as amended. The parties agree to sign and share Internal Revenue Service Form 8332 or any other declaration or declarations required by the Treasury Department and/or the Internal Revenue Service to implement this Agreement. INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive forty five percent (45%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive fifty five percent (55%) of the interest and depreciation attendant thereto. CAPITAL GAINS. The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law. Other than any capital gains tax implications and responsibilities identified in Section 6 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay forty five percent (45%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay fifty five percent (55%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year 2007 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Page 7 of 11 Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and thereafter, with no contribution required from the other party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver of either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed hearing. RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any financial statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data regarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. Page 8 of 11 FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, aftomeys' fees and costs incurred as a result of such failure. SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into the final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependant for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. RELIGIOUS DIVORCE If requested by either party, the parties shall cooperate fully in obtaining a religious divorce. Each party shall cooperate in executing all documents reasonably necessary to obtain such a divorce. The parties shall be equally responsible for any additional costs which are a direct result of additional fees or processing, associated with any existing, reasonable religious divorce requirements. RECONCILIATION The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein. DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non- binding mediation, utilizing the services of an impartial professional mediator approved by both parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All written notices and demands that either of the parties gives to the other party in connection with this Agreement, or any to personal service, shall be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 1815 Green Street, Harrisburg, Pennsylvania 17102, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 1638 Lowell Lane, New Cumberland, Pennsylvania 17070, or another address designated by her in writing to the Husband. Page 9 of 11 s of this IN WITNESS WHEREOF, the parties hereto have set their handsd seals to two count rpart Agreement, each of which will constitute an original, this day of Mf=i 96 ng Witness J ie nne Shade, Wife Witness Page 10 of 11 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF-3>AZO41^' , SS.: On the day of 20?, before me, a notary pu within and for the County and State aforesaid, personally appeared Mark Hanson Shade, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. 64,4 Notary Public My commission expires on 9QMMO"MLTH CW AM$YLVAN A NOTARIAL SEAL Carol K Moyer, Notary public City o burg, Dauphin County Von 17, 2012 ommsion COMMONWEALTH OF PENNSYLVANIA, NTY OF SS.: On the day of 61 ?/ 20A e before me, -6 ,#A e a notary puby6 within and for the County and State aforesaid, personally appeared Julie Anne Shade, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public My commission expires on COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CAROL L. KENLEY, Notary Public Susquehanna Twp.,.Dauphin County My Commission Expires Nov. 9, 2008 Page 11 of 11 l .A T .h 'r-r j ? a JA ? 07-3.511 Addendum to Marital Separation and Property Settlement Agreement, made May 31, 2008, between Mark Hanson Shade and Julie Anne Shade Addendum, made this 20th day of August, 2008, between Mark Hanson Shade (herein referred to as Husband) and Julie Anne Shade (herein referred to as Wife). DISPOSITION OF PROPERTY AND DEBTS The parties own as tenants by the entirety, in fee simple, the property known as 1815 Green Street, Harrisburg, Pennsylvania 17102, which is presently occupied by the husband. It is the intention of the parties that the Husband shall be the sole owner of the home. Therefore, the parties agree as follows: The parties agree that the value of the home is valued at approximately $160,000 and that it currently holds one (1) lien, valued at approximately $60,300. The parties agree that Husband has applied for an FHA refinance of the existing lien. Upon Husband's approval and settlement of refinance: Husband shall assume all responsibility and obligation for this property. Husband shall forward up to $85,000.00 (depending on appraisal value and lender's approval) of refinance proceeds to Wife in exchange for ownership interest. Wife shall sign a Deed to the marital home deeding all of her interest in it to the Husband. Wife shall assume all responsibility and remit full balance, satisfying existing balances on these creditors' accounts: - THD/CBSD 60353201045Rn4RI - CHASE 438857503058 BANK OF AMERICA 75 GEMB/LOWES 798192339078 DISCOVER FIN SVCS LLC 601100233777 BANK OF AMERICA 0538 AMERICAN GENERAL FINAN 3071508010109384 IN WITNESS WHEREOF, the parties hereto have set forth hands and seals to two counterp s of this Agreement, each of which will constitute an original, this day of , 20 OT, Mark Hanson Shade, Hu d an ess Julie Anne Shade, Wife Witness r? Ccl? "' V' 4 r'? C;°7 CO t. -? W v n. 1 13 r%0 ^..c., i'..r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff vs. No, 08-3591 Julie Anne Shade Defendant DIVORCE AFFIDAVIT OF SERVICE Mark Hanson Shade , after being duly cautioned and sworn, deposed and says that in regard to the above-captioned case, I served Julie Anne Shade with a true and correct copy of the document) on the date of Ac.r.e- ?g t X005( in the manner of PIES. (a) Certified Mail sent to the following address: U,o l % Uo.,,e11 Ne-J (a'J-n i?d1a (b) Personal Service. This document was hand-delivered by: whose age is and address is IAUI:?Vzf Plain SWORN and SUBS RIBED to befor me, this day of C c7ber' o7cj?d' C 6Ce? Notary P648NWEALTH OF PENNSYLVANIA Notarial Seal Irene C. Rolls, Notary Public City Of Harrisburg, Dauphin County C mmiasion Ex ices Jan. 7 2010 Member, Pennsylvania Association of Notaries zw, VY = .; co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff vs. No. 08-3591 DIVORCE Julie Anne Shade Defendant AFFIDAVIT OF CONSENT 21. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and served on ^-e- tlok 2©Oj (date). 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 understand that I may lose rights concerni alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is gran C C:-?ir . 24 2?0p Date Plaintiff SWORN and SUBSCRIBED to before me this t) day of 0cto6Pr CCU sV C Notary Public OMMONWEA 7H 'PEN N: YLVAN Notarial Seal Irene C. Rails, Notary Public City Of Harrisburg, Dauphin County M C mmission E ires Jan. 7 2010 Member, Pennsylvania Association of Notaries 0 Z ?ZA rrs r C.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff Julie Anne Shade Defendant vs. No. 08-3591 DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) AND §3301 (D) To the Prothonotary: 1. I consent to the entry of a final decree without notice. 2. 1 understand that I may lose rights concerning alimony, division of property. Lawyer's fee or expenses if I do not claim them before a divorce is granted. 3. 1 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 statement are true and correct to the best of my knowledge, information and belief. I understand that false statem s made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to aut o i ' s. Q?.L. Date Plainti c? ca r ? Zia ._. r_. D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff vs. Julie Anne Shade No. 08-3591 Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and served on Jf AP- I rn . ?m?s (date). 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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. Date ?ndant SWORN and SUBSCRIBED to before me this _I,,?, __ day of Ic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JAMES E. GREEN, Notary Public Camp Hill Boro, Cumberland County My Commission Expires June 6, 2009 ra r? ' fix ; 4"T"t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff Julie Anne Shade Defendant vs. No. 08-3591 DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) AND §3301 (D) To the Prothonotary: 1. 1 consent to the entry of a final decree without notice. 2. 1 understand that I may lose rights concerning alimony, division of property. Lawyer's fee or expenses if I do not claim them before a divorce is granted. 3. 1 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 statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to authorities. Date efendant r-? ? €?' ? _-, ; r? _ ? -=tom. F '^k" r ._ ?, + ?? ' ? rj ^^£... rw,... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff Julie Anne Shade Defendant vs. No. 08-3591 DIVORCE ACCEPTANCE OF SERVICE I, Julie Anne Shade , hereby state that I have accepted service of a true correct copy of the 11 Ol _ I 15fad rkhQrtd f r j2fN "I- Aer p,,,,o,,, f- (document) in the t. I above captioned matter on Jude ly. X008 (date) by X (a) Certified Mail sent to the following address: .Jul,'. A. Shy &,48 t.owat Ln. tJpu) ?cr ber 4wd, ?A ?1rrto (b) Personal Service. This document was hand-delivered by: whose age is and address is efendant C J {iMy ??" ? x"3'.9 'gyp., .,, 4i • ?f r`..? _..?,? ` / ?'r•. ?. _ ? ?' Cam;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Mark Hanson Shade Plaintiff vs. No. 08-3591 Julie Anne Shade Defendant DIVORCE NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT THE RECORD TO: Julie Anne Shade (Opposing Party) Pursuant to Local Rules of plan to file with a Office of the Prothonotary documents on 4. 27 Zoo c{ (date). Cumberland County please be advised that I Praecipe to Transmit the Record with attended Exact copies of the Praecipe and the proposed Final Decree are enclosed herewith. After the Praecipe and proposed Final Decree are filed, you will have a period of ten (10) days during which you may file objections to the entry of the Final Decree based upon this Praecipe. If you dispute any of the information on the Praecipe or the Final Decree, you must act within that ten-day period. Any objections must be filed in writing with the Office of the Prothonotary. If no objections are filed before the expiration of the ten-day period, this case will be submitted to the Court for entry of the Final Decree ©c-t, t3 , " ;k Date of Mailing Plaint .. yryyn iT ?.?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Mark Hanson Shade Plaintiff Julie Anne Shade Defendant No. 08-3591 DIVORCE To the Prothonotary: FAMILY DIVISION vs. PRAECIPE TO TRANSMIT RECORD decree: Transmit the record, together with the following information, to the court for entry of a divorce 1. Ground for divorce: Mutual Consent, plus 90 days under §3301(c) of the Divorce Code. 2. (a) Date complaint filed: June 16, 2008 (b) Date and manner of service of the complaint: June 23, 2008 Certified mail, restricted delivery to and return receipt signed by Defendant. First-class mail - not returned, certified mail refused, 15 days have elapsed. Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached). 3. Complete (a) or (b) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by plaintiff: ?7-Y / Date of flin and service of the affidavit of consent required by § 3301(c) of the Divorce Code by Plaintiff: © , 2? k ' g Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by Defendant: , 2. Date of fi ng and service of the affidavit of consent required by § 3301(c) of the Divorce Code by Defendant: O- ..2-74 2.008 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: Date of filing and service of affidavit required by § 3301(d) of the Divorce Code upon the respondent: 4. Related claims pending: (a)_ A written property settlement agreement resolving all economic and property issues between these parties was executed on May 31, 2008 (b) A property settlement agreement was not written or executed as there are no economic or property issues raised by either party. 5. (a) Date and manner of fse ice of the Noti a of Intention to file Praecipe to Transmit Record, a copy of which is attached: `' ?IC-s1 I T? no-7,, (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: OC-1. 2a Date Defendant's Waiver of Notice was filed with Prothonotary: ©J a- Verification I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statem is made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unsworn falsification to au o('' es. C 21t100? Date Plain ` ??e?"` ? r??s=. ' ?,? ? ?- __ ?,: f • ?? c: _ ?; ?AC4-?4- ?-\ - ??? A , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. A-x.c- N c' NO. DIVORCE DECREE AND NOW, 6 , it is ordered and decreed that ?S?. J cn- plaintiff, and ?\: -r- N, e- , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows- (If no claims remain indicate "None.") Q By the Court, y?? -/ ?-7 r' ? r '? ti ? ? ? .? ^- R v.