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HomeMy WebLinkAbout08-4239b Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. &..?L7i" GREGORY D. SCHLEGEL, 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. dg - '4/Z ? L GREGORY D. SCHLEGEL, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Kimberly A. Schlegel, an adult individual residing at 19 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Gregory D. Schlegel, an adult individual residing at 19 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on May 18, 1991 in Enola, Cumberland County, Pennsylvania. 5. There are two (2) children born of this marriage being Ryan G. Schlegel (Born: July 23, 1994) and Anna D. Schlegel (Born: November 21, 1997). 6. There have been no prior actions for divorce or annulment between the parties. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 9. The averments in paragraphs 1 through 8 of Plaintiffs Complaint are incorporated herein by reference thereto. 10. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Kimberly A. Schlegel, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and 2 B. Awarding other relief as the Court deems just and reasonable. Dated: July 15, 2008 ,Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. GREGORY D. SCHLEGEL, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. 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. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: \ 5 2008 11 KIMBERLY A HLEGEL Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, : IN THE COURT OF COMMON PLEAS Plaintiff V. GREGORY D. SCHLEGEL, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Kimberly A. Schlegel, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: G 2008 KIMBERLY CHLEGEL r? f? (?1V 4 ?J CS c: t?? r , d r- YN Co t-L Y Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 4239 GREGORY D. SCHLEGEL, : CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, JoAnne H. Clough, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Complaint yin,_Divorce on behalf of my client, Gregory D. Schlegel, having received said Complaint on the 1/ ' day of 2008. I hereby indicate I am authorized by my client to accept service on his behalf. Attorney for Defendant 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Supreme Court I.D.: rya ? 9 f :33 :. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this I q1V)day of December, 2008, by and between Greg D. Schlegel, (hereinafter "HUSBAND") and Kimberly A. Schlegel, (hereinafter "WIFE"); WITNESSETH: WHEREAS, the parties hereto were married on May 18,1991 in Enola, Cumberland County, Pennsylvania, and separated on July 16, 2008; and WHEREAS, the parties have two (2) children of this marriage, namely Ryan G. Schlegel born on 7-23-1994; and Anna D. Schlegel, born on 11-21-1997; WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Barbara Sumple-Sullivan, Esquire of New Cumberland, Pa. HUSBAND is represented by Joanne Harrison Clough, Esquire of Camp Hill, PA. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair 1 and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(C) of the Divorce Code. A divorce action was filed on July 16, 2008 with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 08-4239. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as 2 testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 19 Willow Way Drive, Enola, Cumberland County, PA 17025-3417. The parties agree that WIFE shall transfer any and all right, title, claim and interest in said real property to HUSBAND, and said property shall become the sole and separate property of HUSBAND. WIFE agrees to transfer said interest in said property in consideration of the other property transfers set forth in this 3 Agreement and in consideration of HUSBAND's agreement to refinance the debt on said residence and remove WIFE as an obligor on the mortgage with Countrywide and the secondary mortgage with Countrywide. WIFE has agreed to waive any claim she may have to any equity in the marital residence in consideration of HUSBAND waiving any claim to her retirement and in consideration of HUSBAND agreeing to refinance the debt on the marital residence and remove WIFE as an obligor and in consideration of HUSBAND's agreement to remain living in the marital residence for the benefit of the children as long as either child is a minor and/or attending secondary schools. In the event that HUSBAND stops residing in the property or elects to sell the house prior to Ryan and Anna both completing their secondary education at East Pennsboro High School, HUSBAND agrees that he will pay to WIFE the sum of Twenty five percent (25%) of the net equity in said real property at the time of settlement If HUSBAND elects to sell said property after both children have completed high school, WIFE shall not be entitled to receive any sale proceeds or other monies for said property. HUSBAND shall not borrow against the property or decrease the equity by accumulating past due taxes or other liens against the property. However, HUSBAND shall be able to borrow against the property only in the event that the monies borrowed will be used solely to improve the property resulting in an increase in equity of same. Further, HUSBAND shall only be allowed to borrow against the property for the purpose of improving and increasing the value after written consent of WIFE to same is received. In the event that HUSBAND does not secure approval for refinancing to remove WIFE as an obligor on the mortgage liens on the marital residence within in one year from the date of execution of this Agreement, then the house shall be sold and HUSBAND shall receive the net proceeds from the sale of the property. Until such time as the property is either refinanced removing WIFE as an obligor, or sold, HUSBAND shall be solely responsible for the payment of the mortgages, taxes and all liabilities associated with said property and indemnify and hold WIFE harmless thereon. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. 4 HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. HUSBAND agrees to pay the following obligations and hold WIFE harmless thereon: 1. Vehicle loan with Members 1st for the 2007 Honda CRV; 2. Chase Card Services Visa with approx. balance of $7,400.00. 3. Members 181 personal service loan with approx. balance of $4,348.13. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of a 401K and a defined benefit retirement through his employment with ADF Freight Systems. WIFE is the owner of a Thrift Savings Plan and a defined benefit retirement through her employment with the Federal Government with NAVSUP at the Mechanicsburg Naval Depot. HUSBAND hereby waives all his claims, rights, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives all her claims, her rights, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 5 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. VEHICLES. The parties own a 2007 CRV Honda. Said vehicle was encumbered by a loan with Members 1st with an approximate balance of $21,974.15. HUSBAND refinanced said debt in to his sole name on 10-21-2008 removing WIFE as an obligor thereon. HUSBAND and WIFE agree that WIFE shall waive any claim to said vehicle and HUSBAND shall retain said vehicle as his sole and separate property. The parties own a 2003 Honda Odessy which has no lien. The parties agree that WIFE shall retain said vehicle as her sole or separate property and HUSBAND waives any claim thereto. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph 6 or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. CHILD SUPPORT. HUSBAND and WIFE agree that they shall each contribute to the expenses of the children while they are at each parent's respective house. In addition, the parties shall share equally in the cost of all expenses of the children, including but not limited to, school clothes, non-reimbursed medical expenses, extra curricular events as mutually agreed to by the parties, including all clothing and equipment for said activities, school supplies, activity fees, picture fees, lunches registration fees and mutually agreed to birthday parties. It is specifically agreed that WIFE shall not seek child support from HUSBAND in consideration of the property transfers set forth in this agreement and in consideration of HUSBAND sharing in the expenses of the children. Such a filing by WIFE seeking a child support order against HUSBAND shall be a breach of this Agreement unless "extraordinary circumstances" exist which justify WIFE's filing. "Extraordinary circumstances" shall be defined as illness of WIFE which impacts her earnings, illness or extraordinary medical expenses of the children, loss of employment by WIFE or some other event which causes WIFE to lack the financial resources to provide care for the children. In the event WIFE does file for and obtain a child support order against HUSBAND and no "extraordinary circumstances" as defined above exist, then WIFE shall be obligated to pay to HUSBAND alimony in the exact monthly amount of said child support order to fully reimburse HUSBAND for any sums he is required to pay for child support until the termination of said child support order as set forth more fully here below. In the event that HUSBAND breaches this provision of the Agreement and fails to pay his share of these child expenses, and WIFE files for and receives a child support order, then HUSBAND is not obligated to make any of the payments set forth in this paragraph, and is only obligated to comply with said support order. In the event that HUSBAND 7 breaches this paragraph and fails to pay his share of the children's expenses and WIFE seeks the entry of a child support order, then no alimony shall be due to HUSBAND as set forth in Paragraph 16 below. Both parties recognize that there may be a support obligation for Ryan that continues past age 18 and nothing in this agreement should be construed to be affecting any such responsibility. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. The parties understand that HUSBAND has fully waived any claim to alimony. However, not withstanding the foregoing, in the event that WIFE seeks and obtains a child support order against HUSBAND when no "extraordinary circumstances" exist and HUSBAND has paid all obligations set forth in Paragraph 15 above, WIFE agrees to pay to HUSBAND alimony in the exact amount of the child support order or any subsequent modified child support orders that are entered against HUSBAND. Said alimony obligation of WIFE to HUSBAND shall continue monthly in the exact amount of HUSBAND's child support order and shall not be modifiable or terminate upon HUSBAND's cohabitation or remarriage and shall only terminate upon termination of the child support order. Said alimony payments to HUSBAND shall not be taxable to HUSBAND nor deductible to WIFE for income tax purposes. WIFE's obligation for alimony shall only exist in the event WIFE breaches her obligation in Paragraph 15 without the occurrence of "extraordinary circumstances." 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 8 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 9 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is in duplicate, and in counterparts. WIFE and HUSBAND executed copy hereof. Greg D. Schlegel (HUSBAND) Sumple-Sullivan, Esquire Kimberly A. "el (WIFE) 10 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On the 10th day of December, 2008, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KIMBERLY A. SCHLEGEL, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my-hancVandnotarial seal the day and year first above written. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NofiwW Seel Ba? NW Cumbermij ?? Rfty Pd* COMMONWEALTH OF PENNSYLVANIA SS. MY CDMMWWon Eire Nov. 1s, 2011 COUNTY OF C Lk, to e Member, Pennsylvania Association or NobpK On the day of ,before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared GREG D. SCHLEGEL, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA MOTARIAL SEAL BARBARA E. PALMER, Notary Public City of Ha?rrisbw?g, Dauphin County 11 My Commissian Expires May 23, 200 C> C ? o d r-r' r r? "-f GJ -G Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY D. SCHLEGEL, : NO. 08 - 4239 : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: IS- , 2008 ()1-- 17) .5") 4z GREGO D. SCHLEGEL Cb = c .? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY D. SCHLEGEL, Defendant : NO. 08 - 4239 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATE: I,2 4 S- , 2008 0" -?? GREGO Y D. SC EGEL c ? ?' ' ?yi ? .,°, ? ? j _-% ??."' YJ.'.?? J? ?. -?? _ ?? ?> tU rj - '' t7 r `C Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY D. SCHLEGEL, Defendant : NO. 08 - 4239 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 2C , 1 , 2008 ?v KIMBERLY CHLEGEL r r t w? `1? ?T7 f-- f.:? Ctj ,? C.J "c a ;? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff V. GREGORY D. SCHLEGEL, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 4239 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: ?-C 12008 KIMBERLY A. C EGEL Ca ^a z_ h +n , Yn? 7 -).23 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 4239 GREGORY D. SCHLEGEL, : CIVIL ACTION -LAW Defendant : 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: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on July 17, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff. December 10, 2008; by Defendant: December 15, 2008. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 15, 2008 and incorporated, but not merged, into the Decree. See paragraph 2, page 2 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) D December 18, 2008. Date Defendant's Waiver of Notice Prothonotary: December 18, 2008. / was filed with Prothonotary: 101(c) Divorce was filed with Dated: December 17, 2008 / \y ' Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KIMBERLY A. SCHLEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 4239 GREGORY D. SCHLEGEL, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Joanne H. Clough, Esquire 3820 Market Street Camp Hill, PA 17011 DATED: December 17, 2008 549 Bridge Street f4ew Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff ?,?, Quu -r m t cn C C'n KIMBERLY A. SCHLEGEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY D. SCHLEGEL NO. 08 - 4239 DIVORCE DECREE AND NOW, ?? 2? , , it is ordered and decreed that KIMBERLY A. SCHLEGEL , plaintiff, and GREGORY D. SCHLEGEL , 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.") 0014.0-- All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 15, 2008 and incorporated, but not merged, into the Decree. By the'Court, Attest: ' J. Prothonotary 14-4x,g'. /,??rpw ;?- e--"l