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HomeMy WebLinkAbout08-4423KATHLEEN M. S?HAFFER, Plaintiff V. MERRILL R. SH?FFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - JN23 CIVIL TERM CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following ages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against ou by the court. A judgment may also be entered against you for any other claim or re ief requested in these papers by the Plaintiff. You may lose money or property or othe rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you m y request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Penns Ivania. IF YOU O NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEE OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT I GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A Li%WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU TO PROVIDE LEGAL SERVI NNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE U WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 r 1 KATHLEEN W V. MERRILL R. S1 1 909 Magnolia 2. 909 Magnolia 3. Com filing of this SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - Y V23 CIVIL TERM 1AFFER, CIVIL ACTION-LAW Defendant DIVORCE COMPLAINT is Kathleen M. Shaffer, an adult individual who currently resides at -ive, Enola, Cumberland County, Pennsylvania 17025. fendant is Merrill R. Shaffer, an adult individual who currently resides at -ive, Enola, Cumberland County, Pennsylvania 17025. iintiff and Defendant have been bona fide residents in the of Pennsylvania for at least six months immediately previous to the nt. 4. The Plaintiff and Defendant were married on September 7, 1996 in Enola, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 7. she may have counseling. marriage is irretrievably broken. Plaintiff has been advised of the availability of counseling and that right to request that the court require the parties to participate in WHERgFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: July 22, 008 /Midhael A. Sch6rer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff ti VERIFICATION I verify I understand C.S.A. § 4904, Date: -1- the statements made in this Divorce Complaint are true and correct. false statements herein are made subject to the penalties of 18 Pa. to unsworn falsification to authorities. Kathleen M. Sh (Aj W r=3 KATHLEEN M. SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 4423 CIVIL TERM MERRILL R. SHAFFER, CIVIL ACTION-LAW Defendant ACCEPTANCE OF SERVICE AND NOW, this day of /4u Y ?US 1 , 2008, I, Merrill R. Shaffer, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1930 (d) and acknowledge receipt of a true and attested copy of said Complaint. r 33- m co ? KATHLEEN M. SHAFFER, : Plaintiff V. MERRILL R. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 4423 CIVIL TERM CIVIL ACTION-LAW PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Kathleen M. Shafle C? ? 0 C. C= -n E N tip-`-` tx? KATHLEEN M. SHAFFER, Plaintiff V. MERRILL R. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 4423 CIVIL TERM CIVIL ACTION-LAW DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2008. 2. Defendant acknowledges receipt and accepts service of the Complaint on August 4, 2008. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. i Date: Me ill R. Shaffer m 4"'d } ?'": ? y ^ 1 + 7 ^ , ? C.? _ . ? ,.c..,: ..» tt Jx. ,. ? ? { ? x'? "??' r? t. . x_... i? ?? ..? MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 15th day of November, 2008, by and between KATHLEEN M. SHAFFER, (hereinafter referred to as "WIFE") and MERRILL R. SHAFFER, (hereinafter referred to as "HUSBAND") WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 7, 1996, in Enola, Pennsylvania; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, in consequence of which WIFE filed a divorce complaint in Cumberland County, Pennsylvania on July 23, 2008, and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives. Accordingly, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. It is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to continue living separately and apart despite residing in the same physical residence and at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties, or acknowledges sufficient opportunity to make whatever investigation he or she deems necessary to evaluate the marital assets and the independent assets of each party; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: The parties represent that there are no joint debts, aside from the mortgage, which is discussed below. Husband shall assume and be solely liable to repay any balance on the Bank of America Credit Card. HUSBAND represents and warrants to WIFE that since the date of separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and will not do so at any time in the future. WIFE represents and warrants to HUSBAND that since the date of separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and will not do so at any time in the future. Each party shall be responsible to pay any debt in said party's respective name. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: 1.) The parties are the owners of real property located at 909 Magnolia Drive, Enola, PA 17025. The parties have the home listed for sale. Pending settlement, the parties shall be entitled to reside there together, during which time each party shall be responsible to pay one-half of the mortgage payment and household expenses. When the house is sold, the parties shall share equally in the proceeds of sale. Each party will proceed in good faith with the marketing and sale of this property. At settlement, the buyer's escrow agent may issue two checks, one to each party, for equal amounts. B. PERSONAL PROPERTY: 1.) Motor Vehicles - WIFE hereby releases to HUSBAND all her right, title and interest in his Cadillac SRX. HUSBAND hereby releases to WIFE all his right, title and interest in her 1998 Jeep Wrangler. Husband shall keep as his separate property the airplane. 2.) Bank Accounts - WIFE has already removed her name from the joint bank account at Members First, which account shall hereby become the sole property of HUSBAND. Each party shall retain their individual bank accounts free of any claim by the other party. 3.) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, 401(k), savings and/or retirement plans' proceeds free of any claim by the other party. 4.) Other personal property - The parties have created a spreadsheet, which is attached hereto, which divides all of their personal property. Husband shall own as his separate property the items marked in his column and WIFE shall own as her separate property the items marked in her column. 5.) Sovereign Bankcorp Stock- Husband shall become the sole owner of this financial asset by virtue of this agreement. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendente lite or spousal support before or after any divorce which may be granted. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that both parties will sign affidavits of consent and waivers so that a divorce decree can be obtained prior to the conclusion of 2008. 13. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND has voluntarily elected not to obtain counsel and WIFE's legal counsel is Michael A. Scherer, Esquire. Both parties agree that they have had effective assistance of counsel in this divorce and in the negotiation and completion of this property settlement and marriage settlement agreement. Further, each party agrees to be responsible for his or her own legal fees and costs incurred in this matter. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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 interests, rights and claims. 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: SEAL) MERRILL R. SHAFF ?-?-kj- J? A JAA- (SEAL) KATHLEEN M. SHAFF R COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this /,T day of November, 2008, MERRILL R. SHAFFER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ? A. ( (? -0 0-d- ftnela J. Kuenzie, Notary Pul* Nota u i 5oulh Mickleton Twp., CambeflwW county My Ponirnisaiorrft?kes Aug. 4, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this day of November, 2008, KATHLEEN M. SHAFFER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH PENNSYLVANIA (?-O' C ---14JAo-4A-%A 0- - Nofafr Sod Nota bli South lon Twp., Ctm WMW ?y P;Pennsylvan J. f Gu&We, Nobly Pablo MYn e 4, 2010 Memberia Associati on of Notaries DIVISION OF PROPERTY MERRILL AND KATHLEEN SHAFFER 909 MAGNOLIA DRIVE, ENOLA, PA 17025 ROOM ITEM MERRILL KATHLEEN Living Room Couch and 2 Chairs X End Tables and Lams X Coffee Table X Half Table and Lam X Tea Table X Rectangular Side Table X Plant Stand X Fireplace and Tools X Shadow Box X Sconces X Garden Picture X Sisters Picture X Double Lam X Rug X Dining Room Table and 6 Chairs X Hutch X Buffet X Wine Cabinet X Rug X Mirror X Large Picture X Small Picture X 2 Picture Set X Foyer Table and Mirror Set X Plant Stand X Magnolia Picture x Kinkade Come Inside Picture X 2 Small Kinkade Pictures X Den Desk X Credenza X File Cabinet X Display Cabinet X Desk Chair X Side Chair X Pictures X Floor Lam X Desk Lam X Tall Lam X Small Lam X Computer x Laser Printer X Color Printer X Scanner X Router X Fax X Side Table X Shredder X Division of Property - Merrill and Kathleen Shaffer Page 1 of 3 ., ROOM ITEM MERRILL KATHLEEN Kitchen Refrigerator x 3 Barstools X Cart X Table and Chairs X Fruit Pictures X Chef Picture X Family Room Couch, Loveseat, Chair & Ottoman X Coffee Table X End Tables X 3 Lams X TV X Rocking Chair X Pachinko X Slot Machine, Table & Stool X Stereo X Chest X DVD Player x Indian Pictures and Artifacts X Outside Deck Table and 4 Chairs X Iron Table and 2 Chairs X 2 Black Chairs and Fire Pit X Grill X Back Yard Lams X Front Yard Lams X Wicker Loveseat, 2 Rockers, 2 Tables X Laundry Room Washer and Dryer X Small Fridge - Black X Small Fridge -White X Vacuum Cleaner X TV Tables X Basement Sauna X Treadmill X Hockey Table X Carpet Shampooer X Sifting Area Corner Hutch X Oval Table X Tiffany Lamp x Small Desk X Desk Chair X Stuffed Chair X Scalloped Table X Round Table X Bookcase X 2 Victorian Pictures X Large Flower Picture X Candle Holder X 2 Mirrored Sconces X Rug X Master Bedroom Bedroom Suit w/Armoire x Oval Table and 2 Chairs X Recliner X 2 End Tables X Division of Property - Merrill and Kathleen Shaffer Page 2 of 3 jr •ROOM ITEM MERRILL KATHLEEN Master Bedroom Stereo x cont'd Oriental Pictures X Table Lam X Floor Lam X Rug X TV X Garage Lawn Mower X Snowblower X Power Washer x Ed er x String Trimmer X FINA NCES / MAJOR PROPERTY AS OF SEPT EMBER 1, 2008 Retirements and 401 Ks Each retain own UECU Savings Each retain own Members Is' Savings Account #267806 Merrill $1,000; then split half and half after house settlement Joint Checking Account #0921708793 Merrill assumes on September 1, 2008 Credit Card, Bank of America # 1576 Merrill assumes on September 1, 2008 Mortgage Each pay half beginning September 1, 2008 until house settlement Car Loan, Members 1st Loan 01 $570.05/month Each pay half beginning September 1, 2008 until house settlement; Merrill to assume upon house settlement. Household Expenses Each a half beginning September 1, 2008 Insurance (Life, Car, Personal Property) Each assumes own; Kath assumes Stacey and Stephanie's Sovereign Bancorp Stock Merrill assumes upon house settlement Cadillac SRX Merrill - assumes loan upon house settlement Jeep Kath Airplane and Expenses Merrill House Each receives half of net proceeds of sale r Me I R. Shaffer Kathleen M. Shaffer Date rljl6w .7-7 V Date 8-- 1 -d P Date p? Witness Division of Property - Merrill and Kathleen Shaffer Page 3 of 3 r-2 -3 -Ti KATHLEEN M. SHAFFER, Plaintiff V. MERRILL R. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4423 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on August 4, 2008. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on November 15, 2008; and Defendant on November 15, 2008. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER y 64L Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 TZk C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN M. SHAFFER V. MERRILL R. SHAFFER : No. 2008-4423 DIVORCE DECREE AND NOW, 0 OW4 1 ^ 201?? , it is ordered and decreed that KATHLEEN M. SHAFFER , plaintiff, and MERRILL R. SHAFFER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Dow, The parties Marital Settlement Agreement dated November 15, 2008 is incorporated but not merged herein as a final Order of Court. By the Court, CIVIL VWW Attest: J ?? ???-?v ?©? -? - ?/ KATHLEEN M. SHAFFER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- gLO-3 CIVIL TERM MERRILL R. SHAFFER, Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her previous name of Kathleen M. Long prior to the entry of a Final Decree In Divorce or X after the entry of a Final Decree In Divorce dated November 25, 2008. and gives this written notice avowing her intention pursuant to the provisions of 54 P.S.A. 704. Dated: /AItOI D Kathleen M. Shaffer TO BE KNOWN AS `-&tl? `? c Kathleen M. Long dl- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the 16'81 day of @QVn)(A , 2008, before me, a notary public, personally appeared Kathleen M. Shaffer to be known as Kathleen M. Long, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Je Zr c r? co