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HomeMy WebLinkAbout08-4353Michael A. Hynum, Esquire Hynum Law Supreme Court ID #85692 2608 North 3 Street Harrisburg, PA 17110 (717) 774-1357 ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. (? /.? 3 S3 Can V. ' TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) or (D1 1. Plaintiff is Roger Drake, an adult individual residing at 380 Benners Church Road, Biglerville, PA 17380. 2. Defendant is Tami L. Drake, an adult individual residing at 513 Spring Run Drive, Mechanicsburg, PA 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this complaint. 4• The Plaintiff and Defendant were married on September 27, 1986 in Mechanicsburg, Cumberland County, Pennsylvania. 5. The parties separated in August of 2007. 6. 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. 7. 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 8. The averments in paragraphs 1 through 7 are incorporated herein by reference thereto. 9. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff, ROGER DRAKE, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce in his favor in accordance with §3301(C) or (D) of the Pennsylvania Divorce Code. B. Awarding other relief as the Court deems just and reasonable. Date: Q Michael A. Hynu quire Supreme Court ID 8 92 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 Attomey for Plaintiff Michael A. Hynum, Esquire Hynum Law Supreme Court ID #85692 2608 North 3 Street Harrisburg, PA 17110 (717) 7741357 ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. V. TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, ROGER DRAKE hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE 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. Date: r1 ^ Rog e c C? k ®o Co Michael A. Hynum, Esquire Hynum Law Supreme Court ID #85692 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 ROGER DRAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TAMI L. DRAKE, Defendant NO. 08-4353 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT To the Cumberland County Prothonotary: Please reinstate the Complaint in regard to the above matter. Date: _10 I C' 0? 1 Michael A. Hynum, Esq r Supreme Court ID# 8569 Hynum Law 2608 North Third Street Harrisburg, PA 17110 717-774-1357 ?A OF ?y" )T,ARY 2Qfl? GC -" Pi 3- 06 $f 0 . oo Po All-f ?,-t+ oZ673 a3f 71(v a ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, do hereby certify that on October 21, 2009 1 served TAMI L. DRAKE by hand delivery, through the PA Professional Process Service a Divorce Complaint in regard to the above-captioned matter. Attached hereto is the Affidavit of Service. I, Michael A. Hynum, Esquire, verify that the statements made in the foregoing certificate of service are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. oete Michael A. Hynum, e HYNUM LAW Attorney I.D. No. 85692 2608 N. 3?d Street Harrisburg, PA 17110 717-774-1357 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 08-4353 Plaintiff: Roger Drake VS. Defendant: Tami L. Drake For: Hynum Law Received by Pennsylvania P essionai Process Svc to be served on Tami L. Drake, 15 Ball Park Drive, S/- Gardne , P 17324. I, , being duly swom, depose and say that on the In Al day of , 20 at m., exec ed service by delivering a true copy of the praecipe t 4k,644,,r- Lt ReinaW mpialnt, Co plaiht in Divorce Under Section 3301(c) or (d) in accordance with state statutes in the manner marked below: INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as () NON-SERVICE: For the reason detailed in the Comments Below () OTHER I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Ed 1 PROCESS R3 is Appointed in accordance with State Statutes Pennsylvania Professional Process Svc. 48 W. High St. P.O. Box 1148 Carlisle PA 17013 COMMONWEALTH OF PENNSYLVANIA O 8632341 Notarial Seal M. Michelle Guyton, Notary Public Our Job Serial Number: 2009000509 Carlisle Soro, Cumberland County My Commission Expires July 1, 2012 01992-2005Database Services, Inc. - process servers Twbox V5.51 R%IV ?SSJC !. ^ C NeMrin ALED- IHE 2009NOY 10 AFB (u- C8 CL??: h.?n y I Michael J. Navalkowsky, Esquire Attorney #: 92896 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION RAISING ADDITIONAL CLAIMS TO THE HONORABLE, THE JUDGES OF SAID COURT: Plaintiff, by his attorney Michael J. Navalkowsky respectfully represents: 1. Plaintiff, Petitioner herein, is Roger Drake, who currently resides at 380 Benners Church Road, Biglerville, Pennsylvania 17380. 2. Defendant, Respondent herein, is Tami L. Drake, who currently resides at 15 Ball Park Drive, Gardners, Pennsylvania 17324. 3. On or about July 18, 2008, Petitioner filed a Complaint in Divorce to the above-captioned number. 4. Said Complaint in Divorce set forth a claim for divorce based on irretrievable breakdown. 5. Plaintiff will file a Motion for Appointment of Master with respect to the claim of No Fault Divorce immediately subsequent to the filing of this Petition. In addition, Plaintiff seeks to assert the following claims. DISTRIBUTION OF PROPERTY 6. The parties hereto are the owners of substantial marital property, including a personal and real property. 7. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the following relief in addition to that requested in the Complaint in Divorce filed on July 18, 2008: a. Equitable distribution of the marital property between the parties in such proportion as the Court deems just; and b. Such other relief as the Court deems just and proper. Respectfully Submitted Date: Michael J. Navalkowsky, Esquire Attorney #: 92896 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, ROGER DRAKE verify that the facts set forth in the foregoing document 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 unswom falsification to authorities. Date: I a°I -? 6?, i? AAX-v? Roger D e CERTIFICATE OF SERVICE On this 18th day of November, 2009, 1 certify that a copy of the foregoing PETITION RAISING ADDITIONAL CLAIMS was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 9 Michael J. NavalkowsRy, Esquire Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 RLED-OFFICE OF TH= PROTHM, ROTARY 2009 NOV 19 Pty 1: 20 , Ty CUM rrL ..7 i?, t/{?yu?L PE NSYLV ?V iy i itz[..o6 Rdr1 'C 0 . e? .tr.3v ?- a 33?1y Michael J. Navalkowsky, Esquire Hynum Law Supreme Court ID #92896 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1.357 ROGER DRAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TAMI L. DRAKE, Defendant NO. 08-4353 CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Roger Drake, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment () Alimony () Alimony Pendente Lite (x) Distribution of Property () Support O Counsel Fees () Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The defendant has appeared in the action personally. 3. The statutory ground(s) for divorce is: 3301 (c) or 3301 (d). 4. Delete the inapplicable paragraph(s): (b) An agreement has been reached with respect to the following claims: Divorce (c) The action is contested with respect to the following claims: Equitable Distribution 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take %2 day. 7. Additional information, if any, relevant to the motion: None. Date: i t 2 o °I i Michael J. Naval sky, Esquire Hynum Law Supreme Court ID #92896 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff CERTIFICATE OF SERVICE On this 24th day of November, 2009, 1 certify that a copy of the foregoing MOTION FOR APPOINTMENT OF MASTER was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Michael J. Nav wsky, Esquire Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 FILEU F gin ? , ..Fr'i?fAF?Y "1 L r . 2009 NOW 25 P 2'. E 0 0 ROGER DRAKE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO.08-4353 TAM[ L. DRAKE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.08-4353 TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE INCOME STATEMENT Employer: Clearwater Construction Address: 1040 Perry Highway, Mercer, PA 16137 Type of Work: Construction Payroll Number: 30 Pay Period ER) biweekly, etc); Gross Pay per Pay Period: $ 1634.62 Itemized Payroll Deductions: Federal Withholding $ 149.20 FICA $125.05 Local Wage Tax State Income Tax $51.16 Mandatory Retirement Union Dues --- Health Insurance $20.00 Other (specify) Net Pay per Pay Period: $ 1289.13 Other Income: N/A Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends --- Pension Distributions Annuity Social Security Rents ---- Royalties Unemployment Comp. -- Workers Comp. --- Employer Fringe Benefits Other Total $ $ $ TOTAL INCOME $ Not Applicable PROPERTY OWNED Ownership* Description Value H W J Checking accounts $500.00 $ X Savings accounts $100.00 X --- Credit Union --- Stocks/bonds --- -- --- Real estate Other --- --- Total $ 600.00 INSURANCE Policy Coverage* Company No. H W C Hospital Blue Shield X X X Blue Cross ---- --- Other --- Medical Blue Shield Blue Shield - X X X Other --- Health/Accident -- Disability Income --- --- Dental Other -- --- .--- *H=Husband; W=Wife; J=Joint; C=Child SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one): (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and Telephone Number: (d) Nature of business (e) Name of accountant, controller or other person in charge (check one) of financial records: r(1) partnership 0(2) joint venture X(3) profession (f) Annual income from business: [W(4) closed corporation 0(5) other (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: (2) Expense Statements. An Expense Statement is not required in cases which can be determined pursuant to the guidelines unless a party avers unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. (See Rule 1910.11(c)(1)). Child support is calculated under the guidelines based upon the net incomes of the parties, with additional amounts ordered as necessary to provide for child care expenses, health insurance premiums, unreimbursed medical expenses, mortgage payments and other needs, contingent upon the obligor's ability to pay. The Expense Statement in subparagraph (A) below shall be utilized if a party is claiming that he or she has unusual needs and unusual fixed expenses that may warrant deviation or adjustment in a case determined under the guidelines. In cases which must be determined pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), because the parties' combined net monthly income exceeds $20,000 per month, the parties must complete the Expense Statement in subparagraph (B) below. (A) Guidelines Expense Statement. If the combined monthly net income of the parties is $20,000 or less, it is not necessary to complete this form unless a party is claiming unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. At the conference, each party must provide receipts or other verification of expenses claimed on this statement. The Guidelines Expense Statement shall be substantially in the following form. EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant Weekly Monthly Yearly (Fill in Appropriate Column) Mortgage (including real estate taxes and homeowner's $ $ $ insurance) or Rent ?. $700.00 Health Insurance Premiums Unreimbursed Medical Expenses: Doctor $50.00 - Dentist $50.00 - Orthodontist Hospital Medicine .,. $50.00 ?,... Special Needs (glasses, braces, orthopedic devices, therapy) $35.00 ?.. Child Care Private school Parochial school Loans/Debts Support of Other Dependents: Other child support Alimony payments Other: (Specify) Paid to Wife $140.00 - $789.00 - Total $ $ $ (B) Melzer Expense Statement. No later than five business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided. EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant EXPENSES MONTHLY MONTHLY MONTHLY TOTAL CHILDREN PARENT HOME Mortgage or Rent $700.00 --- Maintenance Lawn Care .- 2nd Mortgage --? UTILITIES Electric -- - $100.00 Gas $75.00 Oil Telephone $45.00 Cell Phone .- Water Sewer Cable TV $35.00 --- Internet ---- ,? Trash/ Recycling TAXES Real Estate Personal Property --- INSURANCE Homeowners/ Renters Automobile --- Life _ Accident/Disability Excess Coverage -- ?.-. Long-Term Care --- ?._. AUTOMOBILE Lease or Loan Payments Fuel Repairs Memberships MEDICAL Medical Insurance Doctor $50.00 Dentist $50.00 Hospital Medication $50.00 Counseling/Therapy Orthodontist Special Needs (glasses, etc.) EDUCATION Tuition Tutoring -- - - Lessons ---- - Other --- - - PERSONAL Debt Service $250.00 --- Clothing $100.00 Groceries $400.00 --- Haircare -- $15.00 Memberships $15.00 ---- MISCELLANEOUS Child Care -- - ---- Household Help Summer Camp Papers/Books/Magazines --- ----- --- Entertainment --- $100.00 ---- Pet Expenses --- Vacations Gifts -? Legal Fees/Prof. Fees -- - $300.00 --- Charitable Contributions --? Children's Parties Children's Allowances Other Child Support --- --- Alimony Payments --- ---- TOTAL MONTHLY EXPENSES ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, ROGER DRAKE verify that the facts set forth in the foregoing document 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. Date: <-Z' Roger D,r e? CERTIFICATE OF SERVICE On this 24th day of November, 2009, 1 certify that a copy of the foregoing INCOME AND EXPENSE STATEMENT was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Michael J. Nav owsky, Esquire Hynum Law 2608 North 3?d Street Harrisburg, PA 17110 O -'I- 2 0 09 ilk'O 2j- f li 2: c E Ci" v 6 ROGER DRAKE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-4353 TAMI L. DRAKE, : CIVIL ACTION -LAW Defendant : IN DIVORCE INVENTORY OF Roder Drake Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands 'that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. 1. Real property (_) 2. Motor vehicles (_) 3. Stocks, bonds, securities and options C__) 4. Certificates of deposit VJ 5. Checking accounts, cash L_ 6. Savings accounts, money market and savings certificates (_, 7. Contents of safe deposit boxes C_) 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries.) C_)10. Annuities C_) 11. Gifts C12. Inheritance C? 13. Patents, copyrights, inventions, royalties C_t/f 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ?) 16. Employment termination benefits-severance pay, worker's compensation claim/award (_) 17. Profit sharing plans (18. Pension plans (indicate employee contribution and date plan vests) (_) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments C, 21. Litigation claims (matured and unmatured) C__) 22. MilitaryN.A. benefits 23. Education benefits C (__) 24. Debts due, including loans, mortgages held L? 25. Household furnishings and personalty (include as a total category and attach itemized list, if distribution of such assets is in dispute) C__) 26. Other MARITAL PROPERTY 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--------Description of Property----- Names of All Owners f- AAq NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number----------Description of Property--------Reason for exclusion PROPERTY TRANSFERRED Item Number----Description of Property---Date of Transfer----Consideration--Person to Whom Transferred F 4 F f g PA&" y r? E a'?ob ?Pz? ?C?d?eH t, e: CERTIFICATE OF SERVICE On this 24th day of November, 2009, 1 certify that a copy of the foregoing INVENTORY OF ROGER DRAKE was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Michael J. owsky, Esquire Hynum Law 2608 North 3d Street Harrisburg, PA 17110 RLIED-,-t FIC"c r u ,, TE, Tt Y 2 009 NOV 25 F 2- S 1 Ir oti 0 DEC 0120096" ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, December J 2009, quire, is appointed master with respect to the following claims: 1. Divorce 2. Equitable Distribution BY CO R C&I J. MOVING PARTY Plaintiff, Roger Drake Attorney: ?Michael A. Hynum, Esquire Attorney #: 85692 Hynum Law 2608 North Third Street Harrisburg, PA 17110 717-774-1357 CIO L £.S' matt LL 1 f?'1 NON-MOVING PARTY Defendant, Tami L. Drake 15 Ball Bark Drive Gardners, PA 17324 ALEO- ' a4= UHF i,rf i'-!l"N0 .ARY 2009 DEC - i PM 1+: ! 1 0 a r HYNUM LAW Michael A. Hynum, Esquire Supreme Court ID #85692 2608 North 3 d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff `ter ,A v:,.. ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE PRE-TRIAL STATEMENT FOR PLAINTIFF ROGER DRAKE 1. Marital Property: Real Property located at 807 Fifth Street, New Cumberland, Upper Allen Township, Cumberland County, Pennsylvania. A true and correct copy of the deed is attached hereto as Exhibit "A". 2. Expert Witnesses Not applicable. Plaintiff reserves the right to supplement upon notice to the Defendant any additionally expert witnesses. 3. Witnesses Other than Parry Not applicable. Plaintiff reserves the right to supplement upon notice to the Defendant any additionally witnesses. 4. Exhibits: Deed to at 807 Fifth Street, New Cumberland, Upper Allen Township, Cumberland County, Pennsylvania. See Exhibit "A". Income and Expense Statement. See Exhibit "B". Marital Settlement Agreement proposed by Plaintiff to Defendant. See Exhibit "C' Plaintiff reserves the right to supplement upon notice to the Defendant. 5. Plaintiff's Income: Gross Pay per week: $1634.62 I Payroll Deductions: FICA $125.05 Tax, State $51.16 Tax, Federal $149.28 Health Insurance $20.00 Total: $1289.13 See Income and Expense Statement attached hereto as Exhibit "B". Plaintiff reserves the right to supplement upon notice to the Defendant. 6. Property Owned: Checking Accounts $500.00 Savings Account $100.00 7. Insurance - Blue Shield (covers Husband, Wife and Child) 8. Expenses (Monthly): Mortgage or Rent $700.00 Electric $100.00 Gas $75.00 Telephone $45.00 Cable TV $35.00 Doctor $50.00 Dentist $50.00 Medication $50.00 Child Care $35.00 Debt Service $250.00 Clothing $100.00 Groceries $400.00 Hair care $15.00 Memberships $15.00 Entertainment $100.00 Legal/Prof. Fees $300.00 Dependents $140.00 To Wife (Weekly) $789.00 See Income and Expense Statement attached hereto as Exhibit "B". Plaintiff reserves the right to supplement upon notice to the Defendant. 9. Claim for Counsel Fees- Not by the Plaintiff 10. Personal Property to be returned by Defendant: Milton Hershey Class Ring Figaro Gold Bracelet Figaro Gold Necklace Pictures of Plaintiff's father Plaintiff's father's antique toy tractor Assortment of pictures of children Plaintiff reserves the right to supplement upon notice to the Defendant. 11. Liabilities: to be provided by Defendant. Plaintiff reserves the right to supplement upon notice to the Defendant. 12. Proposed Resolution- See attached Exhibit "C". 1:2j Date: .Z 0 10 Respectfully submitted, Hynum Law Michael A Hynum, Esquire Attorney ID No. 85692 Michael J. Navalkowsky, Esquire Attorney ID No. 92896 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Attorneys for Plaintiff ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, ROGER DRAKE verify that the facts set forth in the foregoing document 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. Date: 11-22110 Roger D,r e l EXHIBIT A R.OBEU l). 7_IEGLER RECOI. CDEI'. 0f- C?i"EDS yU"BERU;"i?'COUNTYCORRECTIVE DEED 01 RUG 3 P11 4 as Tax Parcel No. 42-29-2454-145 THIS INDENTURE, made the _K day of in the year of our Lord Two Thousand One(2001). BETWEEN TAMI L. HARE DRAKE and ROGER L. DRAKE, a married couple, of 807 Fifth Street, New Cumberland, Upper Allen Township, Cumberland County, Pennsylvania, GRANTORS, Party of the First Part, A N D TAMI L. HARE DRAKE, in trust for their minor children, Adrian C. Drake, ShaIee 0. Drake and Lakota S. Drake, all of 807 Fifth Street, New Cumberland, Upper Allen Township, Cumberland County, Pennsylvania, GRANTEES, Party of the Second Part. WITNESSETH, that the said Party of the First Part, for and in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States of America, well and truly paid by the said Party of the Second Part to the said Party of the First Part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, alienated, enfeoffed, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said Party of the Second Part, their heirs and assigns. ALL THAT CERTAIN tract or parcel of ground situate in the Township of Upper Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the eastern line of Spring Run Drive (60 feet wide), at the northwest corner of Lot No. 66 on the hereinafter mentioned Plan of Lots; thence extending along the northern line of said Lot No. 66, North 74 degrees 09 minutes East, a distance of 225.35 feet to a point in the line of lands now or late of Mt. Allen Corporation; thence extending along the line of said last mentioned lands, south 17 degrees 38 minutes 40 seconds East, a distance of 318.22 feet to a point in the southeastern corner of Lot No. 67; thence extending along the southern line of Lot No. 67, South 83 degrees 30 minutes West, a distance of 414.53 feet to a point in the eastern line of Spring Run Drive, aforementioned, the same being the southwestern corner of said Lot No. 67; thence extending a long the eastern line of Spring Run Drive in a northerly direction by the arc of a circle curving to the left, a distance of 307.40 feet to a point at the northwest corner of Lot No. 66, at the point and place of BEGINNING. BEING Lot Nos. 66 and 67 on the Plan of Spring Run Manor, Section 2, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 27 at Page 32. BEING THE SAME PREMISES which Tami L. Hare Drake and Roger L. Drake, a married couple, granted and conveyed unto Tami L. Hare Drake, in trust for their minor children, Adrian C. Drake, Shalee O. Drake and Lakota S. Drake, by deed dated April 8, 1999, and recorded on April 15, 1999, in the Recorder of Deeds Office in and for Cumberland County, in Deed Book 197, Page 581. THIS DEED IS BEING EXECUTED FOR THE SOLE PURPOSE OF CLARIFYING THE PROPERTY WHICH WAS INTENDED TO BE CONVEYED. THE PRIOR DEED RECORDED IN DEED BOOK 197, PAGE 581, LISTED THE PREMISES AS HAVING A DWELLING UPON IT. THIS LANGUAGE SHOULD BE OMITTED, IT IS NOT PROPERLYLISTED IN THE MEETS AND BOUNDS DESCRIPTION. TOGETHER with all and singular, the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; And also all the estate, right, title interest, property, claim and demand whatsoever, both in law and equity of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party of the second part, his heirs and assigns, to and for the only proper use and behoof of the said party of the second part, his heirs and assigns forever. AND THE SAID Party of the First Part, for themselves, their heirs, executors and administrators, does by these presents, covenant, grant and agree to and with the said Party of the Second Part, their heirs and assigns, that they, the said Party of the First Part, their heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned and intended so to be, with appurtenances, unto the said Party of the Second Part, their heirs and assigns, against the said Party of the First Part and their heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under them, them or any of them, shall and will, by these presents, WARRANT AND FOREVER DEFEND. Juv? ;'i -Abr3y32 IN WITNESS WHEREOF, the said Party of the First Part, have hereunto set their hands and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of Gw4a)?ga (SEAL) (SEAL) ROG L. DRAKE NES F R G ,R L. DRAKE l w L c all-Q- (SEAL) (SEAL) TAMI L. HARE kSFOR TA-MI L. HARE DRAKE STATE OF PENNSYLVANIA ) t COUNTY OF :SS -«rtnhpllC n? ) On this, the _ day oL- \r,,z _.Q , 2001, before me, a Notary Public, the undersigned officer, personally appeared TAMI L. HARE DRAKE and ROGER L. DRAKE, the Grantors, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same - purpose therein contained. ; IN WITNESS WHEREOF I hereunto set my hand and Notarial seal. a-"'r= '::::N u blic r y ` My Commission Expires MUM seat JufAth A. Waaf, HoWy R15Yc 1AW Alvan Twp. Gln6af1and t fwrlA,i My caf VrAss n E)IPIM 6" 12, 2" CERTIFICATION OF ADDR '35w6 m 1ti14 Nanr 0, 22001000 41 -ml - I Corti fy 4 Lhis1*F W the precise residence of the Grantee in the within Deed is: In Cum';?rland County PA Run Drive, Mechanicsburg PA 17055 Recorder of Deeds Agent for Grantee BOUk ic?/ Fnl ta:?J3 I . REV-1 63 EX? 6-%1 RECORDER'S USE ONLY X State Tax Paid COMMONWEALTH OF PENNSYLVANIA REALTY TRANSFER TA STATEMENT OF VALUE Boo Num DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES Paps Nu DEPT. 3 HARRISBURG, PBA 11D71264M3 See Reverse for Instrudions Date Recorded Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or 3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed attach additional sheet(s). A CORRESPONDENT - All in quiries may be directed to the following person: N IT-A 1 ? l J ? V) Telephone N-umber: Area Cod*( 1 I ? ) 1-)-k35- 6 TRANSFER DA A to a c« nee a Document Grantor Lassor s) Grantee( Lessee s)f SM A ss root A r ss j%7j? ` w„w?wwsv f J.?w r wstwr¦ 11.15 i+ 060 i=51.0 I tGU? .6D I x 1.00 E 'EXEMPTION DATA to. Amoum of Exemation Claimed I lb. Percentage of,jntprest Conveyed I 2 Check Appropriate Box Below for Exemption Claimed ? Will or intestate succession (Name o Decedent) (Estate Fib Number) ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of ogencylstraw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to o holder of a mortgage in default. Mortgage Book Number 56 Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) '? `Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other (Please explain exemption claimed, if other than listed above.) R(jlili .47 (;AiI4..l 4 Under penalties of low, 1 declare that I have examined this Statement, including accompanying information, and to the best of my knowledge and belief, It is hue, correct and complete. n pon nt er d *Party Date 'AILURE TO COMPLETE THIS R PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAI , Page Number TO RECORD TttE 17EE0. D VALUATION DATA EXHIBIT B ROGER DRAKE, v. TAMI L. DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO.08-4353 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT f v - _ c i ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.08-4353 TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE INCOME STATEMENT Employer: Clearwater Construction Address: 1040 Perry Highway, Mercer , PA 16137 o. - - ? ype offl?rv\Nork ®_•?.??„,i11t;or. a r` € Gross Pay per Pay Period: $ 5 4.r' Itemized Payroll Deductions: Federal Withholding $ 149.20 FICA $125.05 Local Wage Tax State Income Tax $51.16 Mandatory Retirement ----...- Union Dues Health Insurance $20.00 Other (specify) Net Pay per Pay Period: $ 1289.13 Other Income- N/A Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends Pension Distributions Annuity Social Security .. Rents Royalties Unemployment Comp. .. Workers Comp. _ Employer Fringe Benefits Other PROPERTY OWNED Ownership* Description Value H W J Checking accounts $500.00 $ X . Savings accounts $100.00 X .?..._...r..... Credit Union Stocks/bonds Real estate Other Total $ 600.00 INSURANCE Policy Coverage* Company No. H W C Hospital Blue Shield X X X Blue Cross ---------?- - M... Other Medical Blue Shield Blue Shield ------ X X X Other Health/Accident -----?--- ---- ..?.? Disability Income -------?-- -----?---. Dental --------- ___?_, Other an M= a) This form is io be filled out by a p r „rl, (1) who operates a business or practices a profession, or 0 (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and Telephone Number: (d) Nature of business (e) Name of accountant, controller or other person in charge (check one) of financial records- r(1) partnership [N2) joint venture [?(3) profession (f) Annual income from business: [!W(4) closed corporation 0(5) other (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: - - Isneri n_;jrr.,:a,jr s F traF l.if Pllr a?c '_ 8a'?. , s ',r=rc ?' ,?pP!C expenses io at may war, ai i a aeviauO , OMM TL ne guideline arl-IOUi ii OT SUPPiort pursuar+i o Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. (See Rule 1910.11(c)(1)). Child support is calculated under the guidelines based upon the net incomes of the parties, with additional amounts ordered as necessary to provide for child care expenses, health insurance premiums, unreimbursed medical expenses, mortgage payments and other needs, contingent upon the obligor's ability to pay. The Expense Statement in subparagraph (A) below shall be utilized if a party is claiming that he or she has unusual needs and unusual fixed expenses that may warrant deviation or adjustment in a case determined under the guidelines. In cases which must be determined pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), because the parties' combined net monthly income exceeds $20,000 per month, the parties must complete the Expense Statement in subparagraph (B) below. (A) Guidelines Expense Statement. If the combined monthly net income of the parties is $20,000 or less, it is not necessary to complete this form unless a party is claiming unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. At the conference, each party must provide receipts or other verification of expenses claimed on this statement. The Guidelines Expense Statement shall be substantially in the following form. EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (Pill in Appropriate Column) Mortgage (including real estate taxes and homeowner's $ $ $ insurance) or Rent $700.00 ?.. Health Insurance Premiums Unreimbursed Medical Expenses:. Doctor --- $50.00 .p? Dentist ---4 $50.00 Orthodontist Hospital Medicine -- $50.00 Special Needs (glasses, braces, orthopedic devices, therapy) $35.00 . Child Care Private school Parochial school Loans/Debts Support of Other Dependents: Other child support Alimony payments Other: (Specify) Paid to Wife ---- $140.00. $789.00 - .?., -fir ^? ., ? .. w v .? ._rr. <•, an appropriate or'J2r 'or sanctions arcjo; the entry of an arterim order basec+l upon the - information provided. EXPENSE STATEMENT OF (Name) (PACSES Number) i verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant EXPENSES MONTHLY MONTHLY MONTHLY TOTAL CHILDREN PARENT HOME Mortgage or Rent ? ---- $700.00 Maintenance Lawn Care -- -?. 2nd Mortgage - ?... UTILITIES Electric $100.00 Gas $75.00 Oil .? .. eiepnone _..._., _ 5415-1 010, te- jnternet Trash/ Recycling --?° --- TAXES Real Estate Personal Property INSURANCE Homeowners/ Renters -°'-?- Automobile Life Accident/Disability Excess Coverage Long-Term Care AUTOMOBILE Lease or Loan Payments Fuel Repairs Memberships MEDICAL Medical Insurance Doctor $50.00 Dentist $50.00 Hospital .? Medication $50.00 Counseling/Therapy ---.._ Orthodontist Special Needs (glasses, etc.) EDUCATION Tuition .? Tutoring Lessons D E R'S: 'IN ?,rocenes Haircare a-°- - $15.00 Memberships -- - $15.00 MISCELLANEOUS Child Care Household Help Summer Camp Papers/Books/Magazines Entertainment $100.00 Pet Expenses --?- - Vacations Gifts Legal Fees/Prof. Fees $300.00 Charitable Contributions Children's Parties Children's Allowances ---- - Other Child Support Alimony Payments TOTAL MONTHLY EXPENSES ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO_ TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, ROGER DRAKE verify that the facts set forth in the foregoing document 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 unswom falsification to authorities CERTIFICATE OF SERVICE On this 24th day of November, 2009, 1 certify that a copy of the foregoing INCOME AND EXPENSE STATEMENT was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Michael J. Navaikowsky, Esquire Hynum Law EXHIBIT C MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT is made as of the day of , 2010, by and between Roger Drake, an adult individual residing at 380 Benners Church Road, Biglerville, Adams County, Pennsylvania (the "Husband"), and Tami L. Drake, an adult individual residing at 15 Ball Park Drive, Gardners, Cumberland County, Pennsylvania (the "Wife"). Recitals The background of this Agreement is as follows: R-1. The parties hereto, being Husband and Wife, were lawfully married on September 27, 1986, in Mechanicsburg, Cumberland County, PA. R-2. Differences have arisen between Husband and Wife and, as a result, they live separate and apart from each other and have done so continuously since on or about August 26, 2007 (the "Separation Date"). R-3. On or about July 21, 2008, Husband filed a divorce complaint in Cumberland County, Pennsylvania, which action is docketed to No. 08-4353 Civil Term (the "Divorce Action") R-4. There were three children born of the marriage between Husband and Wife. Only one is under eighteen (18) years of age Lakota (born October 28, 1996) ("Child"). R-5. Husband and Wife desire to settle and determine finally, and for all time, their mutual property right, support, and other matters related in any way to their marriage. NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Pennsylvania Divorce Code, their marriage is irretrievably broken. Husband filed the Divorce Action on or about July 21, 2008, and the parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or other interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Equitable Distribution of Personal Property. Husband and Wife acknowledge that, except as specifically set forth herein, they have divided all personal property acquired during the marriage to their mutual satisfaction. Wife agrees to return to Husband his Milton Hershey Class ring. 4. Profit Sharing, Retirement and Securities. Husband and Wife each expressly waive and relinquish any and all right or interest that he or she may have in and to the other's retirement, 401(k), profit sharing, pension, and other similar employer-provided plans and incentives. 2 5. After-Acquired Property. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he and she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date, except as specifically set forth herein. 6. Marital Debt. All marital debt generated by the parties before the Separation Date will be divided equally between the parties except for the personal loan between the parties and Lee Cavanaugh which has an approximate balance of $6,500.00. Husband agrees to be responsible for this debt. After the Separation Date, any debt will be the responsibility of the party who incurred it. 7. Current Debts. Each party hereby represents and warrants to the other that he or she has incurred no undisclosed debts or obligations for which the other is responsible, and each party hereby indemnifies and holds the other party harmless from any and all debts, liabilities, and obligations, including without limitation, any attorneys fees actually incurred by the indemnified party, as a result of any other debts or obligations not otherwise disclosed hereunder. 8. Future Debts. Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands, including attomeys' fees and costs, made against him or her by reason of debts or obligations incurred by such party. 9. Taxes. Husband and wife will file together as married filing jointly all tax returns for 2009. The parties are each responsible for their own federal, state, and local taxes due for 2010 and future years. 10. Child Support and Alimony. Husband agrees to pay Wife $785.00 per week until April 22, 2010. The $785.00 consists of $300.00 per week in child support and $485.00 per week in alimony. Starting April 29, 2010 and until July 22, 2010, Wife will receive $685.00 per week. The $685.00 consists of $300.00 per week in child support and $385.00 per week in alimony. On July 29, 2010 and until July 28, 2012, Wife will receive $585.00 per week. The $585.00 consists of $300.00 per week in child support and $285.00 per week in alimony. On July 29, 2012, Husband shall only pay child support in the amount of $300.00 per week until the child's eighteenth (18th) birthday and which time Husband's child support obligation shall terminate. 11. Partial Physical Custody. Every other weekend shall be available for Husband to have partial physical custody of the child. The parties agree to cooperate in regard to scheduling periods of partial physical custody. 12. Health Insurance. Wife understands that upon entry of the divorce decree that she will obtain and maintain her own health insurance coverage. Husband agrees to maintain health insurance coverage for child. 13. Indemnification. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 14. Disclosure. Each party asserts that he or she has made full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any matter whatsoever by each of them, of all sources and amounts of income and retirement savings received or 4 receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy if the financial disclosure of the other, as an inducement to the execution of this Agreement. 15. Other Writings. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. 16. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the marital residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other; and any claim or right in the distributive share or intestate share of the other party's estate. 17. Entire Agreement/Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 18. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. Invalidi . 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 as if such provision had not been initially included. The failure of any party to meet her or his obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 20. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. Goveminq Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 23. Legal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Each party acknowledges that he or she each has read this Agreement, has been 6 afforded sufficient time to discuss this Agreement and all financial and other information related to this Agreement with counsel, fully understands the facts, and has been fully informed as to his or her legal rights and obligations by counsel, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution of it is not the result of any duress, undue influence or collusion. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WITNESS: HUSBAND: Roger Drake WIFE: Tami L. Drake 7 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SS. On this, the day of 2010, before me, a Notary Public, the undersigned officer, personally appeared Roger Drake, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SS. On this, the day of , 2010, before me, a Notary Public, the undersigned officer, personally appeared Tami L. Drake, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: (SEAL) 8 HYNUM LAW Michael A. Hynum, Esquire Supreme Court ID #85692 2608 North 31d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing Pretrial Statement on all other parties or their counsel by first class, prepaid U.S. Mail addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Date: .2 ?D Hynum Law Michael A Hynum, Esquire Attorney ID No. 85692 Michael J. Navalkowsky, Esquire Attorney ID No. 92896 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorneys for Plaintiff i I Michael A. Hynum, Esquire Attorney # 85692 Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 FBI EG_r :K", TraE p r:? r' i_% •C1s Y 2010 Ati 27 PIN 1: 52 Cl,rti NMI ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE PLAINTIFF'S MOTION TO REVOKE APPOINTMENT OF MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: Plaintiff, by his attorney Michael A. Hynum respectfully represents: 1. On or about July 18, 2008, Plaintiff filed a Complaint in Divorce to the above-captioned number. 2. Said Complaint in Divorce set forth a claim for divorce based on irretrievable breakdown. 3. On November 19, 2009, the Plaintiff added an additional claim of Equitable Distribution to the Divorce Complaint. 4. On November 25, 2009, the Plaintiff filed a Motion for the Appointment of Master as to the claims of Divorce and Equitable Distribution of Property. 5. On December 1, 2009, the Honorable Edgar B. Bayley appointed E. Robert Elicker, II as Divorce Master. J 6. The Plaintiff has simultaneously herewith filed a Praecipe to Withdraw the claim for Equitable Distribution. 7. The parties agree to the claim of Divorce. 8. Since the Plaintiff has withdrawn his claim for Equitable Distribution, the appointment of a Divorce Master is not necessary. 9. A pre-hearing conference has been scheduled with the Divorce Master for January 29, 2010. 10. The Plaintiff respectfully requests that the appointment of E. Robert Elicker, II as Divorce Master be revoked. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the Plaintiff's Motion and revoke the appointment of E. Robert Elicker, II as Divorce Master in this matter. Respectfully Submitted Date: I 2-1 /It /L i - 0-1- ? 4??/ Michael A. Hynum, Esqu e Attorney #: 85692 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff CERTIFICATE OF SERVICE On this 26th day of January, 2010, certify that a copy of the foregoing Plaintiff's Motion to Revoke Appointment of Master was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 L L ?(? Michael A. Hynum, Es wire Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 0 ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 q TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE - ? , i _. L PRAECIPE TO WITHDRAW ADDITIONAL CLAIM ?= •• ''" ui TO THE PROTHONOTARY: Please withdraw the Plaintiff's additional claim for Equitable Distribution which was added on November 19, 2009 to the Divorce Complaint. Date: Z p C / Michael A. Hynum, Esqui Supreme Court ID #85692 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 Attorney for Plaintiff CERTIFICATE OF SERVICE On this 26th day of January, 2010, certify that a copy of the foregoing Praecipe to Withdraw Additional Claim was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Michael A. Hynum, Es ire Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 A JAN 2 8 2010 ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 24 ` day of , 2010, upon consideration of the Plaintiff's Motion for Revocation of the Appointment of Master, it is hereby ORDERED AND DECREED that said Motion is GRANTED. The Appointment of E. Robert Elicker, II as Divorce Master in regard to this matter is hereby REVOKED. tribuion: t Hynum, Esquire tchael A. 2608 North Third Street Harrisburg, PA 17110 ?Tami L. Drake, Pro Se 15 Ball Bark Drive Gardners, PA 17324 ` iT C-. J 1 T) f i C, BY THE COURT: ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.08 4353 C= " TAMI L. DRAKE, CIVIL ACTION - LAW 1 " ? Defendant IN DIVORCE , tv NOTICE ? i If you wish to deny any of the statements set forth in this affidavit, you must le a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated in August 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 PA. C.S. §4904 relating to unsworn falsification to authorities. Date: C21- to- J A ogerake . .4 ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, do hereby certify that on February 5, 20101 served TAMI L. DRAKE by certified mail an Affidavit and Counter-Affidavit in regard to the above-captioned matter. Attached hereto is the domestic return receipt green card. I, Michael A. Hynum, Esquire, verify that the statements made in the foregoing certificate of service are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Z /. q / D ?& - L?-? '/'r Michael A. Hynum, Esquire HYNUM LAW Attorney I.D. No. 85692 2608 N. 3rd Street Harrisburg, PA 17110 717-774-1357 N L _ -l v I r Co n co r, Fn " N TJ ) C .fi- --t . A *0oh*ftb ftm 1, 2. and 3. Abto oanipl here 4 N Ramble DeMvery 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 mail or on the front if space permits. 1. Article Addressed to: Tc` L D??' Oy' finers,?? 17S)? A. B. Received by (Printed Name) ? Agent ? Addressee D. Is delivery address ditwvt from Item 17 U "M It YES, enter delivery address below: 'KNo 3. Type Certified Mail 0 Express Mail ? R%$Msmd m, Receipt far Moro wwfto ? Insured Mail 0 C.O.D. 4. Restricted D~?,{ Yes 2. Nurr mwmh.Aorn maarrdlaa? 7009 1410 0000 0891 1919 (Harra PS Form 3811, Februwy 2404 Domaatic Pagan Raoatpt 109515-094A-I 10 U NOW L b ro r._ IIL en?Cer1 r , r N (" 1 I ? 4F?t. C'w D4Y 17--- LM c?? Sh??n 3 ?-?O o?T(+ i= ?arovoE ('nni= 1. I ami L. Penns/lvdolc-j/ N1?1K? 6A1?-F i4N? ?f? 1, was h -Io ?la???-, my righis 46 ?on?rn e Or?.l? 5PO(ASO-1 P ? On , -rFh, Pao it's- q,eecl 4 & is 6, ,44On Stp? O4e cl pawiano? ) on or Qf4nWd ?b Ewa Y40L(s . abOLJ ??5us+ a00? . ? ? l?as+ H4W QLV av?rOr Qc ? J (rre-4r qab bm V1,.eo ac64,4 u4 Ift4.k_ (b t' Cprc?-i?r?C:?vs-I? ??'?o?? 41vYiV.e+ n p??t h eG- r??l.we S ? J ri 4-o unswro 1 A-iZ ChrA '-f-l-k CC?c?r-?- d n'ao? Y? 0 ?e(?;nJoe)? ??, 0 ? - X353 V. ?Jvl L bmk,?- ?o 9 (h N 0 C -- N T s'"iZ N A Cory 4a n ?? n? 1,- omi ? ? cA> 4DO 5 a: S46 Nro J ?i il o 1 ---T;m , L -bnokt P,? ppor4l Won r Ch?lc? 30ppo(+ cot U-)h, Lt I 1 yi r 4 Cti+ ho rr? . 40 b? n c(irre-c -e -Oil 7p?;, Jf j];Sar Z ?kr,?ZZ 4+1CLJ' ?-h e -em.en ` Arw (kvNJ Cov,(tL4 4hcA- Pab 3jw6owo-k- 'SA-kt)j(A4?0 4o 0.4 nk, ?4s (5c IT P? . C, S . w qo? (a ? '16 amore) -?'?s? '? a h 4o Affil- QcYll ??-ek--a 1C?C?i 1-F P)o ?r11?F?''?'?41C1 U4?Y1 ??nn.S?(JGnI? U353 D) V 6 Nk- P od f6c l ??S'eS ?11 d SIdo Addr`?ss . i. i7i^ooP dP rxnf laridla^J- 'ek• a? rhooF 0?- u-? I(4+? ir.en-Es Icy Eq K-4 Co,-r+-s, T-etePl,o2e , Wpb t4_ 4, PPOOP Qcl?drpss -T7,N ae roman tie ?0'4k) 4,t U.nSoOfll SIII(L? ??Q d HqO4 i , ) ")), I h ? cak, Z,J ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301 (d) OF THE DIVORCE CODE ?--J ? Q r1 r 1. Check either (a) or (b): T7 -G? (a) I do not oppose the entry of a divorce decree NJ (b) I oppose the entry of a divorce decree because: T - - (Check (I), (II) or both): (I) The parties to this action have not lived separate and apart for a wio"f ate least two years. (II) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: bol C) Tami L. Drake, Defendant nY Michael A. Hynum, Esquire Hynum Law Supreme Court ID #85692 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 2010 A?-1 --6 l J: 24 CL"dig; . iVry ROGER DRAKE, v. TAMI L. DRAKE, IN THE C URT OF COMMON PLEAS Plaintiff CUMBER AND COUNTY, PENNSYLVANIA NO. 08-433 : CIVIL Al Defendant : IN DIVO Roger Drake, Plaintiff, moves the court to following claims: (x) Divorce (x) Distribution of () Annulment (x) Support (x) Alimony (x) Counsel Fees O Alimony Pendente Lite (x) Costs and Expe and in support of the motion states: 1. Discovery is complete as to the claims for which requested. 2. The defendant has appeared in the action - LAW a master with respect to the appointment of a master is 3. The statutory ground(s) for divorce is: 3301 (c) orC3301 (d). 4. Delete the inapplicable paragraph(s): Alimony, Support, Counsel Fees and Costs and Expe ses. 5. The action does not involve complex issues of law ?or fact. (b) An agreement has been reached with respect to the following claims: Divorce i (c) The action is contested with respect to the followi g claims: Equitable Distribution, 6. The hearing is expected to take '/2 day. 7. Additional information, if any, relevant to the motion: None. Date: Etel A. Hynum,`1?squi m Law Supreme Court ID #85692 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 Atto ey for Plaintiff CERTIFICATE OFISERVICE On this 5th day of April, 2010, 1 certify hat a copy of the foregoing MOTION FOR APPOINTMENT OF MASTER was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: I Tami L. Dra e 15 Ball Park Drive Gardners, PA 17324 Michael A. Hymum, Es Hyn Law 2608 North 3rd Street Harri burg, PA 17110 APR 0 9 Mu ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4353 rA o , TAMI L. DRAKE, CIVIL ACTION - LAW;-; Defendant IN DIVORCE ?? -r ORDER APPOINTING MASTER 1 A; AND NOW, April /A , 2010, E,/46617 ArUC squire, is appointed master with respect to the following claims: 1. Divorce 2. Equitable Distribution, Alimony, Support, Counsel Fees, and Costs and Expenses. P. MOVING PARTY Plaintiff, Roger Drake Attorney: Michael A. Hynum, Esquire Attorney #: 85692 Hynum Law 2608 North Third Street Harrisburg, PA 17110 717-774-1357 BY THE COURT: COZI e-S /)q Ca (&Ct NON-MOVING PARTY ne efof dant, Tami L. Drake 15 Ball Bark Drive Gardners, PA 17324 0 r HYNUM LAW Michael A. Hynum, Esquire Supreme Court ID #85692 Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff F LE'' °r }?? M l r l CRY LUi? - J "I ii '-t4 iii t1' 1 L ill ..'i 1 . ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE PRE-TRIAL STATEMENT FOR PLAINTIFF ROGER DRAKE 1. Marital Property: See attached hereto as Exhibit "A" the inventory filed by the Plaintiff. 2. Expert Witnesses The Plaintiff does not anticipate that an expert witness will be necessary at the hearing on this matter. Plaintiff reserves the right to supplement upon notice to the Defendant of any expert witnesses. 3. Witnesses Other than Party The Plaintiff does not anticipate any other witness than himself. However, Plaintiff reserves the right to supplement upon notice to the Defendant any additional witnesses. 4. Exhibits: 1. Income and Expense Statement; 2. Current paystub Plaintiff reserves the right to supplement this Exhibit List upon notice to the Defendant. u 5. Plaintiffs Income: Gross Pay per week: $1634.62 Payroll Deductions: FICA $125.05 Tax, State $50.1 Tax, Federal $153.08 Health Insurance $20.99 PAUNEMP $1.31 Total: $1284.01 6. Plaintiff's Expenses: Expenses (Monthly): Mortgage or Rent $700.00 Electric $100.00 Gas $75.00 Telephone $45.00 Cable TV $35.00 Doctor $50.00 Dentist $50.00 Medication $50.00 Child Care $35.00 Debt Service $250.00 Clothing $100.00 Groceries $400.00 Hair care $15.00 Memberships $15.00 Entertainment $100.00 Legal/Prof Fees $300.00 Dependents $140.00 To Wife (Weekly) $789.00 See Income and Expense Statement attached hereto as Exhibit "B". Plaintiff reserves the right to supplement upon notice to the Defendant. 7. Pension or Retirement Benefits: None. 8. Claim for Counsel Fees- Not by the Plaintiff 9. Personal Property to be returned by Defendant: None. Plaintiff reserves the right to supplement upon notice to the Defendant. 10. Liabilities: to be provided by Defendant. Plaintiff reserves the right to supplement upon notice to the Defendant. 11. Proposed Resolution- See attached Exhibit "C". Date: 3 D Respectfully submitted, a, /C 1--, Hynum Law Michael A Hynum, Esquire Attorney ID No. 85692 Brian K. Zellner, Esquire Attorney ID No. 59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorneys for Plaintiff HYNUM LAW Michael A. Hynum, Esquire Supreme Court ID #85692 Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3 d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-4353 TAMI L. DRAKE, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing Pretrial Statement on all other parties or their counsel by first class, prepaid U.S. Mail addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Date: t,13 !c. Hynum Law Michael A Hynum, Esquire Attorney ID No. 85692 Brian K. Zellner, Esquire Attorney ID No. 59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorneys for Plaintiff EXHIBIT A 1 1 r t ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA (7 V. NO. 08-4353 a TANII L. DRAKE, CIVIL, ACTION -LAW Defendant IN DIVORCE INVENTORY OF Roger Drake 1 c r Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ? qcwl ;Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (_) I. Real property L_) 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit LV? 5. Checking accounts, cash JVJ 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes (_) 8. Trusts L? 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries.) 10. Annuities 11. Gifts 12. Inheritance (_) 13. Patents, copyrights, inventions, royalties Ll? 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) L_) 16. Employment termination benefits-severance pay, worker's compensation claimlaward 17. Profit sharing plans (_) 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments (_) 21. Litigation claims (matured and unmatured) ( __) 22. MilitaryN.A. benefits a (_) 23. Education benefits (_) 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list, if distribution of such assets is in dispute) (_ _) 26. Other MARITAL PROPERTY 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--------Description of Property--------Names of All Owners " S&k' C 6 f- 6 S- 044Pai A& -Q? - 7_0-tL'4- ? NON-MARITAL PROPERTY ................. lists all property in which a spouse has a legal or equitable interest which is claimed to be l from marital property: Item Number--------Description of Property---------Reason for exclusion PROPERTY TRANSFERRED Item Number----Description of Property ----Date of Transfer---Consideration---Person to Whom Transferred LIABILITIES ......... . Item Number---Description of Property---Names of All Creditors-- Names of All Debtors j ' 7--i 3 { r? ptuon? mak? &&iC4 CERTIFICATE OF SERVICE On this 24th day of November, 2009, 1 certify that a copy of the foregoing INVENTORY OF ROGER DRAKE was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows- Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Michael J. Navati"cowsky, Esquire Hynum Law 2608 North 3rd Street Harrisburg, PA , 7 I -11 0 EXHIBIT B ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.08-4353 -n ? -1 rn TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.08-4353 TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE INCOME STATEMENT Employer: Clearwater Construction Address: 1040 Perry Highway, Mercer, PA 16137 Type of Work: Construction Payroll Number: 30 Pay Period (Weeklyu biweekly, etc); Gross Pay per Pay Period: $ 1634.62 Itemized Payroll Deductions: Federal Withholding $ 149.20 FICA $125.05 Local Wage Tax State Income Tax $51.16 Mandatory Retirement Union Dues Health Insurance $20.00 Other (specify) Net Pay per Pay Period: $ 1289.13 Other Income: N/A Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other Tota I $ $ TOTAL INCOME $ Not Applicable PROPERTY OWNED Ownership* Description Value H W J Checking accounts $500.00 $ X Savings accounts $100.00 --- X Credit Union ---------- ?_.____. Stocks/bonds --- -. -? _. Real estate Other Total $ 600.00 INSURANCE Policy Coverage* Company No. H W C Hospital Blue Shield X X X Blue Cross --------- ?_._._. Other ---- Medical Blue Shield Blue Shield X X X Other Health/Accident Disability Income -------- .-?.?. Dental Other *H=Husband; VV=Wife; J=Joint, C=Child SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one): (1) who operates a business or practices a profession, or 0 (2) who is a member of a partnership or joint venture, or 0 (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and Telephone Number: (d) Nature of business (e) Name of accountant, controller or other person in charge (check one) of financial records: 0(1) partnership 0(2) joint venture rW(3) profession (f) Annual income from business: [(4) closed corporation [F(5) other (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any (2) Expense Statements. An Expense Statement is not required in cases which can be determined pursuant to the guidelines unless a party avers unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. (See Rule 1910.11(c)(1)). Child support is calculated under the guidelines based upon the net incomes of the parties, with additional amounts ordered as necessary to provide for child care expenses, health insurance premiums, unreimbursed medical expenses, mortgage payments and other needs, contingent upon the obligor's ability to pay. The Expense Statement in subparagraph (A) below shall be utilized if a party is claiming that he or she has unusual needs and unusual fixed expenses that may warrant deviation or adjustment in a case determined under the guidelines. In cases which must be determined pursuant to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), because the parties' combined net monthly income exceeds $20,000 per month, the parties must complete the Expense Statement in subparagraph (B) below. (A) Guidelines Expense Statement. If the combined monthly net income of the parties is $20,000 or less, it is not necessary to complete this form unless a party is claiming unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. At the conference, each party must provide receipts or other verification of expenses claimed on this statement. The Guidelines Expense Statement shall be substantially in the following form. EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant Weekly Monthly Yearly (Fill in Appropriate Column) Mortgage (including real estate taxes and homeowner's $ $ $ insurance) or Rent _.? $700.00 - Health Insurance Premiums Unreimbursed Medical Expenses: Doctor $50.00 Dentist $50.00 - Orthodontist Hospital Medicine -- $50.00 - Special Needs (glasses, braces, orthopedic devices, therapy) ?.. $35.00 ?.. Child Care Private school Parochial school Loans/Debts Support of Other Dependents: Other child support Alimony payments Other: (Specify) Paid to Wife --- $140.00 ,?... $789.00 - ..? Total $ $ $ (B) .Melzer Expense Statement. No later thar rive business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided. EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant EXPENSES MONTHLY MONTHLY MONTHLY TOTAL CHILDREN PARENT HOME Mortgage or Rent $700.00 Maintenance Lawn Care 2nd Mortgage UTILITIES Electric $100.00 ------ Gas $75.00 ------ Oil Telephone $45.00 Cell Phone -? ---- Water,.?_? .u?:,„ ?. Sewer ... Cable TV $35.00 Internet .... Trash/ Recycling TAXES Real Estate Personal Property INSURANCE Homeowners/ Renters Automobile Life Accident/Disability ----r- - _____ Excess Coverage Long-Term Care AUTOMOBILE Lease or Loan Payments Fuel Repairs ____? Memberships MEDICAL Medical Insurance ----- Doctor $50.00 Dentist $50.00 Hospital Medication $50.00 Counseling/Therapy Orthodontist Special Needs (glasses, etc.) EDUCATION Tuition Tutoring Lessons R -- Other PERSONAL Debt Service T-a $250.00 wTM Clothing $100.00 Groceries $400.00 Haircare $15.00 Memberships $15.00 MISCELLANEOUS Child Care Household Help Summer Camp Papers/Books/Magazines Entertainment ----- $100.00 ----? Pet Expenses ..?._.. Vacations Gifts Legal Fees/Prof. Fees ---- $300.00 Charitable Contributions ----- Children's Parties Children's Allowances Other Child Support ---- Alimony Payments TOTAL MONTHLY EXPENSES ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. TAMI L. DRAKE, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I, ROGER DRAKE verify that the facts set forth in the foregoing document 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. CERTIFICATE OF SERVICE On this 24th day of November, 2009, 1 certify that a copy of the foregoing INCOME AND EXPENSE STATEMENT was served upon the following Defendant by placing the same in the United States mail, first class, addressed as follows: Tami L. Drake 15 Ball Park Drive Gardners, PA 17324 Michael J. Navatowsky, Esquire Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 EXHIBIT C MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT is made as of the day of , 2010, by and between Roger Drake, an adult individual residing at 380 Benners Church Road, Biglerville, Adams County, Pennsylvania (the "Husband"), and Tami L. Drake, an adult individual residing at 15 Ball Park Drive, Gardners, Cumberland County, Pennsylvania (the "Wife"). Recitals The background of this Agreement is as follows: R-1. The parties hereto, being Husband and Wife, were lawfully married on September 27, 1986, in Mechanicsburg, Cumberland County, PA. R-2. Differences have arisen between Husband and Wife and, as a result, they live separate and apart from each other and have done so continuously since on or about August 26, 2007 (the "Separation Date") R-3. On or about July 21, 2008, Husband filed a divorce complaint in Cumberland County, Pennsylvania, which action is docketed to No. 08-4353 Civil Term (the "Divorce Action") R-4. There were three children born of the marriage between Husband and Wife. Only one is under eighteen (18) years of age Lakota (born October 28, 1996) ("Child") R-5. Husband and Wife desire to settle and determine finally, and for all time, their mutual property right, support, and other matters related in any way to their marriage. NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY BOUND HEREBY, agree as follows: Recitals. The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Pennsylvania Divorce Code, their marriage is irretrievably broken. Husband filed the Divorce Action on or about July 21, 2008, and the parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or other interference whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Equitable Distribution of Personal Property. Husband and Wife acknowledge that, except as specifically set forth herein, they have divided all personal property acquired during the marriage to their mutual satisfaction. Wife agrees to return to Husband his Milton Hershey Class ring. 4. Profit Sharing, Retirement, and Securities. Husband and Wife each expressly waive and relinquish any and all right or interest that he or she may have in and to the other's retirement, 401(k), profit sharing, pension, and other similar employer-provided plans and incentives. 2 5. After-Acquired Property. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he and she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date, except as specifically set forth herein. 6. Marital Debt. All marital debt generated by the parties before the Separation Date will be divided equally between the parties except for the personal loan between the parties and Lee Cavanaugh which has an approximate balance of $6,500.00. Husband agrees to be responsible for this debt. After the Separation Date, any debt will be the responsibility of the party who incurred it. 7. Current Debts. Each party hereby represents and warrants to the other that he or she has incurred no undisclosed debts or obligations for which the other is responsible, and each party hereby indemnifies and holds the other party harmless from any and all debts, liabilities, and obligations, including without limitation, any attorneys fees actually incurred by the indemnified party, as a result of any other debts or obligations not otherwise disclosed hereunder. 8. Future Debts. Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands, including attorneys' fees and costs, made against him or her by reason of debts or obligations incurred by such party. 9. Taxes. Husband and wife will file together as married filing jointly all tax returns for 2009. The parties are each responsible for their own federal, state, and local taxes due for 2010 and future years. 10. Child Support and Alimony. Husband agrees to pay Wife $785.00 per week until April 22, 2010. The $785.00 consists of $300.00 per week in child support and $485.00 per week in alimony. Starting April 29, 2010 and until July 22, 2010, Wife will receive $685.00 per week. The $685.00 consists of $300.00 per week in child support and $385.00 per week in alimony. On July 29, 2010 and until July 28, 2012, Wife will receive $585.00 per week. The $585.00 consists of $300.00 per week in child support and $285.00 per week in alimony. On July 29, 2012, Husband shall only pay child support in the amount of $300.00 per week until the child's eighteenth (18th) birthday and which time Husband's child support obligation shall terminate. 11. Partial Phvsical Custody_ Every other weekend shall be available for Husband to have partial physical custody of the child. The parties agree to cooperate in regard to scheduling periods of partial physical custody. 12. Health Insurance. Wife understands that upon entry of the divorce decree that she will obtain and maintain her own health insurance coverage. Husband agrees to maintain health insurance coverage for child. 13. Indemnification. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, joint or otherwise, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 14. Disclosure. Each party asserts that he or she has made full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any matter whatsoever by each of them, of all sources and amounts of income and retirement savings received or 4 receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy if the financial disclosure of the other, as an inducement to the execution of this Agreement. 15. Other Writings. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement or any part thereof, without undue delay or objection. 16. Mutual Release. Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the marital residence; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other; and any claim or right in the distributive share or intestate share of the other party's estate. 17. Entire Agreement/Amendment. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 18. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this 5 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 of the same or similar nature. 19. Invalidi . 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 as if such provision had not been initially included. The failure of any party to meet her or his obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, if any, shall in no way avoid or alter the remaining obligations of the parties. 20. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 23. Legal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Each party acknowledges that he or she each has read this Agreement, has been 6 afforded sufficient time to discuss this Agreement and all financial and other information related to this Agreement with counsel, fully understands the facts, and has been fully informed as to his or her legal rights and obligations by counsel, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution of it is not the result of any duress, undue influence or collusion. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WITNESS: HUSBAND: Roger Drake WIFE: Tami L. Drake 7 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SS. On this, the day of 2010, before me, a Notary Public, the undersigned officer, personally appeared Roger Drake, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SS. On this, the day of , 2010, before me, a Notary Public, the undersigned officer, personally appeared Tami L. Drake, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: (SEAL) ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.08-4353 TAMI L. DRAKE, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 21, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and the service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 1~ -~ ~ ` ~ ~ ~ b --_...~----'" ~ ~ .~1(,Il. Tami L. Drake ~ ~ ~ -,.. ~~~ ~ ~~~ ~ cr: r--' -a ~ -~ ~,-s ~J c~ r--~ -~ ~ ~rca ~ -~~ ~~ ~- o ~ ~~ -=~ «., z~ _~ ... _~ , -x. ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.08-4353 TAMI L. DRAKE, :CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without any 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 aze true and correct. I understand that false statements contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: f Tami L. Drake c~ c ~ n -~~ _~ ~ ~ ~, --~ ~ %~ h '~' ~ ~' ` SI? ~'"" 3 r rt Ev ~ K~~ ~~ ~ :~ QT ~ .R.- ~ C3"4 T._.. ~.,,, _.,~ .,' ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.08-4353 TAMI L. DRAKE, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on July 21, 2048. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and the service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~V ' ~" jV Roge D ake ~-~ c +~.~ ~, ° -~' - ~ . ~ ~3 ~, --~ U~3 ~~ ~ ~ ~~ ~ ~~~ " ~ .~ - t'? ' -,~ w ROGER DRAKE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.08-4353 TAMI L. DRAKE, :CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c1 OF THE DIVORCE CODE I . I consent to the entry of a final Decree of Divorce without any notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements contained herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~~+ y Roge ake ~~ r:; ~ c~ ~ ~ ~ ~i ~ ~ , co ... c ~-~ w ~ _~ ~ t°a ~7 _~ p -"~ ~ a'r.' ~-~ ~ ~~ s --~. ~ _ ~; ROGER DRAKE, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4353 CIVIL IN DIVORCE ORDER OF COURT TAMI L. DRAKE, Defendant AND NOW, this //-6( day of , 2010, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on October 7, 2010, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, ,,?r <, 44 Kevin Hess, P. J. r7t cc: Brian K. Zellner `' Attorney for Plaintiff s -? -- Tami L. Drake Defendant ?? ROGER DRAKE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 4353 CIVIL TAMI L. DRAKE, Defendant IN DIVORCE THE MASTER: Today is Thursday, October 7, 2010. This is the date set for a hearing on the factor of marital misconduct relating to wife's alimony claim. Present in the hearing room are the Plaintiff, Roger Drake, and his counsel Brian K. Zellner, and the Defendant, Tami L. Drake. Mrs. Drake is not represented by counsel. This action was commenced by the filing of a complaint in divorce on July 21, 2008. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. An affidavit under Section 3301(d) was previously filed on February 2, 2010, averring the parties have been separated for a period in excess of two years, since August 2007. However, the Master has been provided today affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated by both parties agreeing to the divorce under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed with the Prothonotary's office by the Master's office. 1 s The plaintiff, Roger Drake filed a claim for equitable distribution on November 19, 2009. The Master was appointed on December 1, 2009. That appointment was vacated by order of Judge Hess on January 29, 2010. The Master was reappointed on April 12, 2010, based on claims filed by wife pursuant to a motion for economic relief dated February 22, 2010. In that motion, wife made a claim for alimony and counsel fees and expenses. Consequently, the Master has proceeded with his usual format and has requested that the parties appear today for a hearing on wife's claim for alimony, relating to the factor of marital misconduct. The full hearing on alimony would have occurred later at another date but we would have taken up the marital misconduct claims at this time. However, after considerable discussion with the parties and counsel we have reached an agreement with respect to the pending claims. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, the parties, when they leave the hearing room today, are bound by the terms of the 2 f agreement even though there is no subsequent signing of the agreement. As noted, the parties do intend to return later this morning and affix their signatures affirming the terms of settlement. The parties were married on September 27, 1986, and separated in August 2007. They are the natural parents of three children, two of the children are emancipated; one of the children, a daughter, is a minor and currently resides with wife. Mr. Zellner. MR. ZELLNER: 1. The parties hereby agree that the claim for equitable distribution is withdrawn. 2. Tami Drake's claim for counsel fees, costs, and expenses is withdrawn. 3. The parties agree that Roger Drake, for a period of two years, will pay $780.00 per week. That consists of $250.00 per week for child support and $530.00 per week for alimony. At the end of two years, the alimony claim will automatically terminate. The $780.00 per week payment will be directly deposited in the Defendant's Tami Drake's account as per the prior transactions between the parties. The parties understand that the alimony claim will terminate upon death of parties, cohabitation of Tami Drake or remarriage of Tami Drake, but automatically terminate when the two year period has expired. The alimony will terminate two years from today, October 7 of 2010, and the alimony is not modifiable. 4. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as 3 P administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Mr. Drake, you heard the statement that your attorney made on the record? MR. DRAKE: I have. THE MASTER: And you've been here today while we had the discussion on the issues that are pending? MR. DRAKE: Yes. THE MASTER: Do you have any questions about what has been stated on the record? MR. DRAKE: I have no questions. THE MASTER: And you are in agreement to and satisfied to accept what was stated on the record as a final settlement of all claims in your divorce action? MR. DRAKE: I do. THE MASTER: Mrs. Drake, you've been present this morning during the discussion? MRS. DRAKE: Yes. THE MASTER: Do you have any questions regarding what we have talked about MRS. DRAKE: No,sir. THE MASTER: And are you in agreement to and satisfied to accept the statement that was made on the 4 record resolving all economic claims in this action? MRS. DRAKE: Yes, sir. THE MASTER: And you understand, both of you, that the divorce will proceed and that the agreement that was stated on the record at this time will not be modifiable except for correction of typographical errors? MRS. DRAKE: Yes, sir I do. MR. DRAKE: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: .l Ste- L2 1(!q- 7-10 Brian K. Zellner goge Drake Attorney for Plaintiff - )IJ4A z f Tami L. rake 5 Roger Drake V. Tami L. Drake IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4353 DIVORCE DECREE AND NOW, G~~6w ~ ~, Z ego , it is ordered and decreed that Roger Drake plaintiff, and Tami L. Drake ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente Fite 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.") None. By the Court, Prothonotary n 1. lG~'/ t ~ ~.,' l:~ ~yu2~ j 0 ~'c' /U i~~y~~ ~D :~. /o Z~