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HomeMy WebLinkAbout04-0996 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ :NO, 6<f- Q1(P SUSAN D. GREGG, Plaintiff ROBERT W. GREGG, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Front and Market Streets, Harrisburg, P A 17101. 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (800) 990-9108 SUSAN D. GREGG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. !) 1/- 'fer?> ROBERT W. GREGG, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT SECTION 3301(C) & (D) DIVORCE I. Plaintiff is SUSAN D. GREGG, an adult individual currently residing at 101 Sharon Road, Enola, Cumberland County, Pennsylvania. 2. Defendant is ROBERT W. GREGG, an adult individual currently residing at 1082 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania, 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and defendant were married on January 26, 1990, in Cumberland County, Pennsylvania. 5. Plaintiff avers that there has been no prior action for divorce or annulment of marriage by the parties in this or any other jurisdiction, 6. The marriage is irretrievably broken. 7. The parties are living separate and apart, and Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years. 8. Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. ~ 9. Plaintiff avers that the Defendant is not in the Military or Naval Service ofthe United States or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. Defendant is, however, a member of the Pennsylvania National Guard. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1-9 are incorporated herein by reference. II. Plaintiff and Defendant have acquired property during their marriage. 12. It is Plaintiirs belief that Plaintiff and Defendant will be able to mutually agree on a satisfactory division of all marital property, however, in the event Plaintiff and Defendant are unable to agree, Plaintiff requests the court to enter an order on an equitable distribution of said property. WHEREFORE, Plaintiff requests this court to enter an order distributing the aforementioned property as the Court may deem equitable and just. Respectfully submitted, SHAFFER ENGLE LAW OFFICES DAlEO rr15 '/ C Dale Kent Ketner, Esqui J.D. No. 89302 129 Market Street Millersburg, PA 17061 (717) 692-2345 Attorney for Plaintiff VERIFICA TION I verify that the averments in this Complaint for Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. bflflfn DATE: fJ7aldv 3/ ottJr) f .~~ ........... ~ C><'l ~ ~ ........... c.J'.l -.J .......... 9--:, '-0", c ?-\J V', C' ,~ r--= 0' ~ C 0\ <-../', <J\ C" (-.------. \~ '" c-;.> c2 c) -'f'; ~J ...., ~r:_,j pllr= -rrf"!l -:) 'yl .~~; ~'=~ I CD ,", -~ ('') ..' c...., SUSAN D. GREGG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-996 CIVIL ROBERT W. GREGG, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Dale K. Ketner, Attorney for Susan D. Gregg, Plaintiff in the above-captioned action, being duly sworn, according to law, deposes and says that he served a certified copy of the Complaint in Divorce in said action on Robert W. Gregg, Defendant, by posting same on March 13,2004, in the U.S. Mail, Certified, Return Receipt Requested. See Return Rt:ceipt Card, signed by Robert W. Gregg, attached hereto, marked Exhibit "A", and made a part he:reof. . etner, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 1.s11l DAY OF /1/ tlR.C'+/ , 2004. ~M0 i ~~1ltLd- / Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Co~ce E. Ston.road, Notary Public MIIler,burg, Boro, DauPhin County My CommisSIon Expires'May 10, 2004 ~ SCHEDULE "A" . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mellplace, or on the front if space permits. 1. Article Addressed to: KJ:x=r+ N. 6~,~<3 \D ~D.. O~S1eo M\\ \ Rj ~Wlp ~\l PA Jl05S 2. Article Number (Transfer from service labe~ 100 PS Form 3811 , Merch 2001 ,. 3. Service Type [J Certified Moll [J Registered Dlnsu M' o Express Mail o Return Receipt for MerchandIM [J C.O.O. "~ . , ') qL./LJ"d 102595.01.M~ 1424 Domestic Return Receipt CJ .0 ."CJ ~.~ c: ~ (') ~ ,"iJ CI ~ . :-:;! .~...", ." -r~ , - . f',) r...) .: , .' ::;;:! " en cp SUSAN D. GREGG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-996 CIVIL ROBERT W. GREGG, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under g3301(c) of the Divorce Code was filed on March 8, 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. 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 ofl8 Pa. C.S. g 4904 relating to unsworn falsification to authorities. DATED: '8 - 2i-OY 8.r;twW~ DEFENDANT (') ~ --- ~~. ...: . po. ;:- (/i --< r'~ S ~;:~i-.,;, ;J>C' :z ~ -<: ...., = = ..,.. U'> f'T1 -0 I -..I o -n ::;:I" r11-' r- urn :;-Jy 8C g$ ~O ,,"'-)-rn ,- ~-'I ::b -< -0 :::Ji: N .. W SUSAN D. GREGG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-996 CIVIL ROBERT W, GREGG, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~301 (c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904 relating to unsworn falsification to authorities. DATED: '6 - 2 l-OLf &.~i~ss DEFENDANT o c ;C" [-i-' i' '" = = oJ:- U) r,'" --d I -.J o 'T' :-1 32." 1"11--1 r- -ern :ut'l ()(T -:-! -) i-~~~ Ii ~~"'C) cSrn :.:-~l ,~ =< :2 r:-? w SUSAN D. GREGG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-996 CIVIL ROBERT W. GREGG, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDA VIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) o:fthe Divorce Complaint was filed on March 8, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce after service of Notice ofIntention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my Spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. DATE: '1-/S-j4 ~AA'W /l1JN# Susan D. Gregg, Plaintiff . ~ 1- ~:' __f>;A.. ll\..:) .,.c: ~ --c:: ::> . ~ " ~ &" .:> <::> :;:;- -.:;: )i SUSAN D. GREGG, Plaintiff : TN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-996 CIVIL ROBERT W. GREGG, Defendant : CIVIL ACTION - LAW : TN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 verity 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. 94904 relating to unsworn falsification to authorities. 4tIAO_J1j ~9 Susan D. Gregg, Plaintif 9-/s-tJ/f SS# 210-40-4652 DATE: ':\\ -0 ~ - ~ --s.- ::> 3t' ~ -- ;::,-- "'L ("> ~ ~ '" ~ <:> ~ ~ "<' MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this II {; of ~7~4, between Susan D. Gregg, of Enol a, Cumberland County, Pennsylvania, ("Wife"), AND Robert W. Gregg, of Camp Hill, Cumberland County, Pennsylvania ("Husband"); WITNESSETH: WHEREAS, the parties are husband and wife; AND WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as husband and wife has been rendered impossible; AND WHEREAS, the Parties were married on January 26, 1991, AND WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement Agreement, providing for the absolute and final settlement of their respective marital property rights and all claims for support and alimony; AND WHEREAS, the parties have made full disclosure to each other of their ,assels.,aod have agreed on a settlement of all property rights and differences existing between them. NOW, THEREFORE, for and in consideration ofthe mutual benefits to be derived by the parties, they agree as follows: 1. DIVORCE The parties agree that their marriage is irretrievably broken and that they mutually consent Page 1 of 12 .' to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) & (d) of the Divorce Code. 2. REAL PROPERTY A. The real property located at 101 Sharon Road, Enola, Cumberland County, Pennsylvania, 17025, and improvements thereon, Wife's pre-marital property and held in Wife's name, shall remain Wife's property. Husband agrees to waive any interest he may have in any increase in value to the property during the length of the marriage. B. The real property located at 1082 Oyster Mill, Camp Hill, Cumberland County, Pennsylvania, 17055, and held in Wife's and Husband's names shall be retained by Husband as his sole property in exchange for Husband paying to Wife $23,500.00. Within ninety (90) days of execution of this document, Wife shall execute a warranty deed conveying to Husband all of her right, title, and interest in and to the property. Thereafter, Husband shall be the sole owner of the property and shall be permitted to record that deed and take any other action with respect thereto that he deems appropriate. Wife also agrees to transfer to Husband any and all interest she has in the outstanding title insurance policy. C. Commencing on the date ofthis Agreement, and without regard to when bills for such items are incurred, received or due, Husband and Wife shall be soJelyresponsible for all past, present and future costs or liabilities associated with or attributable to maintaining their separate properties Page 2 of 12 (except as provided herein), including, but not limited to, all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and shall keep each other and their respective successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorney's fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from either parties ownership interest in their respective properties. D. There is presently outstanding against the Camp Hill, Cumberland County, Pennsylvania, property a mortgage in favor of Members First Credit Union ("mortgage"). Within ninety (90) days ofthe execution of this Agreement Husband and Wife agree to take all steps necessary to have the mortgage refinanced and transferred to Husband's name alone. Husband shall pay to Wife the sum of $23,500.00 within ninety (90) days of execution of this document or upon completion of refinancing the mortgage, whichever occurs earlier. E. Each party shall indemnify and hold the other party harmless from any liability, cost or expense, including attorneys' fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by the other party in connection with that party's property, including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforesaid property, and in the event that either party should die and, at that time, there should remain any outstanding balance on that parties respective mortgage, it shall be that parties estate's obligation to promptly satisfy that mortgage. 3. PERSONAL PROPERTY a. Household Furnishings Page 3 of 12 The parties agree that the household furnishings have been divided to the complete satisfaction of both parties except as otherwise provided herein. Each party hereby relinquishes any interest he or she may have in the furnishings currently in the possession of the other party. Wife agrees that Husband shall remove from the property in Enola, Husband's personal items, such items being those that are circled in Exhibit A. Wife shall have such items available for pickup by professional movers whom Husband will employ for the purpose of removing such items as circled in Exhibit A, and removal of such items to take place within a reasonable amount of time after execution ofthis Agreement. b. Vehicles The parties own their respective vehicles and release any interest they may have in and to the vehicle(s) owned by the other party. (l) Wife shall maintain sole and exclusive possession ofthe 1990 Mitsubishi Eclipse, which was Wife's premarital property, along with the 1993 Ford Explorer, and shall assume any and allliabi1ity, past, present or future which may flow from ownership of said vehicles. (2) Husband shall maintain sole and exclusive possession of the 1999 Chevrolet Silverado, and shall assume any and all1iability, past, present or future which may flow from ownership of said vehicle. (3) Each party shall execute any and all paperwork necessary to legally transfer the respective vehicle into the name of the other party within thirty (30) days of full execution of this document. (4) Each party shall indemnify and hold harmless the other party for any debts, Page 4 of 12 liabilities, or other encumbrances that are currently or may in the future, be placed upon their respective vehicle. (5) Each party shall refinance or otherwise remove the other's name from the obligation due upon their respective vehicle within thirty (30) days upon full execution of this agreement. c. Pension Wife releases and relinquishes any claim she may have in and to any pension which has or may accrue to Husband at his place of employment. Husband releases and relinquishes any claim he may have in and to any pension which has or may accrue to Wife at her place of employment. d. Loans/Obligations Each of the parties shall be responsible for his or her own debts from date of separation on September I, 200 I. e. Bank Savings/Checking Accounts/Christmas Club. etc. Husband shall retain, and Wife hereby agrees to release, all sums in the parties joint checking, savings and Investment Savings accounts, a total of approximately $36,000.00, as part of the overall property agreement. 4. SUPPORT Neither party shall seek spousal support or alimony from the other and forever releases the other from payment of same in this or any other jurisdiction. Page 5 of 12 5. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 6. BANKRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/shall has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 7. HEALTHCARE COVERAGE Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer ofthe change in marital status. 8. ATTORNEY'S FEES Each Party shall pay their respective Attorney's fees, for the divorce and the preparation of this Agreement and such other fees as are applicable hereto. Page 6 of 12 9. RELEASE Subject to the provisions ofthis Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her legal representatives, executors, administrators or assigns, release and discharge the other of and from all cause of actions, claims rights or demands whatsoever, in law or equity, which either ofthe parties ever had, now have or can have at any time against the other, specifically including any rights or claims to dower rights, curtesy rights, support, alimony, alimony pendente lite, counsel fees and equitable distribution of marital property. 10. ESTATE RELEASE Husband and Wife hereby release any rights that he or she might hereafter acquire to share in any capacity in the estate of the other, or to act as administrator or executor of the estate of the other, or to participate in any manner in the administration of the estate of the other, and hereby waive any rights of election to take against the will of the other, or to claim the family exemption. 11. 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 determine fit. 12. NO INTERFERENCE Each party shall be free from interference, authority and control, direct and indirect, by the other as fully as ifhe or she were single and unmarried. Neither shall molest the other, compel, or endeavor or compel, the other to cohabit or dwell with him or her, or to interfere with friendships, Page 7 of 12 society or acquaintances which either of the parties hereto may choose or have from this day forward. 13. NO DEBTS Neither party will or shall be entitled to contract any debts nor incur any charges or obligations in the name of the other party nor in any way use or attempt to use the credit of the other party. 14. DOCUMENTS Each party shall, at the request of the other, execute, acknowledge and deliver any documents which may be reasonably necessary to give full effectto this Agreement. Further, each ofthe parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes ofthis Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other aU attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 15. NO BAR TO DIVORCE Nothing herein contained shall be construed to prevent either of the parties from instituting an action for absolute divorce against the other in any jurisdiction based upon any past or present conduct of the other, nor to bar the other from defending any such suit. 16. ABSOLUTE AND FINAL SETTLEMENT The provisions of this Agreement are intended to consider, determine and distribute all of the assets ofthe parties hereto as part of the terms ofthis Postnuptial Agreement. This Agreement Page 8 of 12 is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of support. This Agreement is not intended to be a mere Separation Agreement. 17. ENFORCEMENT The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action ofthe entitled party and against the obligated party, as the case may be. Provided further, all costs of such litigation, including reasonable Attorney's fees, shall be paid by the party refusing to carry out their commitments under this Agreement. 18. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT The Wife has employed and had the benefit of counsel of Dale Ketner, Esquire, as her attorney. The Husband has employed and had the benefit of counsel of Diane S. Baker, Esquire. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each and the assets ofthe other, and that each believes the Agreement to be reasonable under the circumstances. 19. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only ifmade in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthe same or similar nature. 20. SITUS Page 9 of 12 This Agreement shaJ1 be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 21 PARTIAL INVALIDITY Ifanyprovision of this Agreement is held to be invalid or unenforceable, aJ1 other provisions shaJ1 nevertheless continue in full force and effect. 22. BINDING EFFECT Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. 23. DIVISION OF PROPERTY The Parties acknowledge that they have, among themselves; agreed upon the division of the assets referred to herein. They further acknowledge that they have reviewed all the tenus of this Agreement and that they had the opportunity to discuss, and have explained to them, any provisions that they did not fully understand. 24. INCORPORATION Both parties agree that this Agreement shall be incorporated into the final divorce decree and shqll not merge for purposes of enforcement. Page 10 of 12 IN WITNESS WHEREOF, the parties hereunto set their hands and seals, the day and year first above written, each adopting the seal following his or her signature, as his or her own. WITNESSES: 0'~ L- /JU;k~h e &uJf A Kd<t J ~ (SEAL] ,~"",) IJ t}ui 1'SEAL] Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF eUMRER.LAND' {JC1.,/ h(';' On this thet"1 day ~f R"1~'( ,2004, before me, a Notary Public, the undersigned officer, personally appeared /jade'? 01l:{S ,known to me (or satisfactorily proven) to be the person whose name is subscribed to the.within instrument and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto s I NOTARiAl SEAl; DIANE S. BAKER. NOTARY PUBLiC. rCOllMl~wP,=~~l~~~ I tarial seal. (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND On this the / I fl>day of Jeplembe( 2004, before me, a Notary Public, the undersigned officer, personally appeared Susan Gregg , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial se!!!. /{t~rf:t!~/Jm;U7 (SEAL) I.COMMoNww.:~VANIAI Mindy R"" DiIlridJ. Notary PWIc aty 01 Harrisblllfl, DliuprUn C<uIIy My CammIsoicn €l<jliros JlMll/ 1. 2IlO8 ......... PennI)'tvan1a ..ante'..., 01,...... / COMMoNwE~~~'1~'::NNSYLVANlAl Mk1dy ,:ca~ t"W\I)". ~U,tff)' PUblic at}. at Ham:,.o:.~ lll',j. (Ii1kJOt\A1 Ccu1ty MyCcmmisslon r:}(llUt~ June 1 2008 ""'m~r. "'"".vtv';',._.Uon ~N_ Page 12 of 12 l.llb (1 % Ell DIANE bAI\c.K t:.~k'UlK<C t-'AtJ:::. l::Jj/tl.: ~ .. ,... / ~-EAMILY ROOM COUCH LOVE SEAT'---LOUNG~ STAND-UP LAMP ~~.NDFATHER'S CLO~X(rV) --------, Ii j,-(F Ii f ;J ('i." ./.-----_, /.nn_ . BEDROOM-~--- _~ 1.- < /::1>R.ESSE~ RIFLE lAJ\1MUl'i'lTION Q:?RYTHL"I(f Il" CLOSET ~ ~.L.. k . j; V~ "-.. - '--~ .--'.. '\])fl....'" 1<,,"'"' - GI.J~'-! ~~ -",T'j V~J V ~KI'f(;HEN----____ ~~!-~OFFEEl'_OT) ~~_~OT~. 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CJ^.P ~ 1'"", ..-.-Y' .-{l J; j! rwoJ ir' ,)'t;yr^ V;'; /'"JyJ! 1",.iJ 1)'- ~ ~: 1/ Jli1 . . ~~~ (;JnL~-)uvL, ~J~) G< JJ -ft51~J- /i--tt / 4- :1:--/</< 1:... i z{'iJ,;-"'~ t; ,Af-rYI6'V/ h~ r 'j- 5-ffi ./."" I J j//.c ti; (IV' I , "EXHIBIT A" SUSAN D. GREGG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-996 CIVIL ROBERT W. GREGG, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground divorce: irretrievable breakdown under Section ( X ) 3301(c) U 330J(d)(J) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the complaint: March 13. 2004. bv U.S. Mail. Certified. Return Receipt Requested 3. (Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff 9-15-2004 ; by Defendant 8-27-04 (b) (I) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of ; (2) date of service of the Plaintiffs Affidavit upon the the Divorce Code; Defendant: 4. Related claims pending: Settlement Agreement dated September Ii. 2004 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: 9-23-04 Date defendant's Waiver of Notice was filed with the prothonotary: 9-7-04 ~ ( '" :+.:+:'" . :+:"':+::+: :t; . . . :+:'" :+."':+: :+.:+. :+: :+.:+::+::+.:+::+::+.:+. '" '" :+: '" . . . .. .. . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY SUSAN D. GREGG PENNA. STATE OF . . . . . . . . . . . . . . NO. 04-996-CIVIL VERSUS ROBERT W. GREGG . . . DECREE IN DIVORCE . . c:;r 7,'( )A.;v1 . J-oo'f, IT IS ORDERED AND . . . . . . AND NOW, c; t1J;e, (; SUSAN D. GREGG DECREED THAT , PLAINTIFF, . . . . ROBERT W. GREGG AND , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; **The terms of the Marital SettlemeDitl.Agreement between the parties, . . . dated September 11, 2004, are hereby a part of this Decree. but not merged into and made , ,",: """- '~~~~..-~. . . . . . . . . . "'f ~. .........-:;: .'. " -........ .... ~.~ ~ I1'"O'"ONO""' ~ .<!' - ~- ,. ATTEST: ... .. . . . . . . - . ,......,..... ""--- --~,~,. ',v' '. ,,' "- '/" " - "Ji$. ,..........~ ~~.;,~... ~ ;,', h \;,; _ ~~~~~c ~_..._\.O -e.~OO~Oo.iO . . . . . :+.:f. :+. :+''I'::+':+' . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~/ rrr/;" ~k; /7r/ ;';7/ ~A>~ ~ ~~---'~/.~ /?c?.?! (2" ... .t' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA S 1)SAtJ D GI(Eq~ Plaintiff hDherf to ~r~~fJ Defen FileNo. ~ 00+- ()D qq,(P IN DIVORCE Vs NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or 1 after the entry of a Final Decree in Divorce dated J 0 -) 9- L), q hereby elects to resume the prior surname of 5> l.( 5.4,0 D. J3R~Tz... , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 3-/1-0.2 ~ I) (jJ2~9'! Signature s~~lL~ COMMONW~LTH OF PE1'jNSYL VANIA COUNTY OF(;.vn!yJ /l1i:Jfi.- On the / I II, day of A G.vch , 200"i, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. ) In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. J6dJ S.SrvUJi, Prothonotary or Notary Public I NOTARIAL SEAL JODY S, SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland Counly My c~~~ssl~n_EX~ires~~~~.~ .i' ~- (.>" '-" ., ""'\' t:C A" * \' -"\ - -...:s.. V"\ \ ,- -- c--. --.. - s -!). \r. \ ---- ."..