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HomeMy WebLinkAbout08-5443 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO. 2008 - S03 CIVIL TERM Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO.2008 - ` - J J3 CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Eric C. Funk, an adult individual residing at 327 Gameland Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Tammi S. Funk, an adult individual residing at 92 Mount Rock Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on March 6, 2004, in Shippensburg, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. . . WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. Section 4904, relating to unworn falsification to authorities. , 2008 Eric C. Funk, ; WOLF & WOLF, Attorneys at Law g 6 2008 BY: Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff rJ rn #' t: '?7 r? rv NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO. 2008 - SY 413 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotar/s Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?? d , 2008 ? 0 r.? c3m rb (? ?1 ? a ZI cn '?a . ? . n 1 N n ? `F? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO. 2008 - .51+3 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, KARA W. HAGGER Y, Esquire, certify that I am the counsel for the defendant in this matter. Furthermore, I hereby certify that on m , 2008, I received a certified copy of the divorce complaint filed in this action and that I authorized to receive service on her behalf. `Yt 12-2008 ?a 'tfi ?'' ` ' ? "'a - c? ? --- ?? ? ?, ' ? ? ? ? ? ..c- NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ERIC C. FUNK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. TAMMI S. FUNK, Defendant CIVIL ACTION - LAW : NO.2008 - 44 S CIVIL TERM : IN DIVORCE DEFE D T'S MARRIA E CO SEL AFFID VIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotarys Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 2008 aIS. TAMF K, Defendant C) .- rn,M ;, ERIC C. FUNK, Plaintiff V. TAMMI S. FUNK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-5443 CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT 1. Plaintiff is Eric C. Funk, who currently resides at 327 Gameland Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Tammi S. Funk, who currently resides at 92 Mt. Rock Road, Shippensburg, Franklin County, Pennsyvlania. 3. Defendant files this Amended Complaint to allege the following additional count: COUNT II - ALIMONY PENDENTE LITE AND ALIMONY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 6. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. I- WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. Respectfully submitted, DATE 5-10 -69 Tammi S. Funk, Defendant P.O. Box 563 Carlisle, PA 17013 (717) 226-1037 1 VERIFICATION I, Tammi S. Funk, verify that the statements made in this Amended Divorce Complaint 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 unworn falsification to authorities. Date 3-/10-69 zmni 1, ?' 4/X'L Tammi S. Funk ? w : M ?_ __. ERIC C. FUNK, Plaintiff v. TAMMI S. FUNK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA No. 2008-5443 : CIVIL ACTION -LAW : IN DIVORCE MOTION FOR SCHEDULING OF A HEARING AND NOW, comes Tammi S. Funk, the Defendant, and moves the Court as follows: 1. A Complaint in Divorce was filed on September 12, 2008. 2. Defendant filed an Amended Complaint requesting alimony pendente lite and/or alimony on March 10, 2009. 3. The undersigned hereby certifies that all court-ordered directives, if any, have been complied with and the matter is now ready for a hearing. 4. Defendant is requesting that a conference be scheduled before the Domestic Relations Section of Cumberland County to institute the payment of alimony pendente lite. WHEREFORE, it is respectfully requested that an Order be entered by the Court establishing a date and a time for a Domestic Relations conference in this matter. Respectfully submitted, Tammi S. Fun P.O. Box 563 Carlisle, PA 17013 (717) 226-1037 I verify that the statements made in this Motion 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: -I I I q Ing CERTIFICATE OF SERVICE AND NOW, this `l 7 ?d p of November, 2009, I, Tammi S. Funk, hereby certify that I did serve a true and correct copy of the foregoing Motion for Scheduling of Hearing by first class mail addressed to the following. Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 DATE (IlIq / /0? _ CAL Tammi S. Funk f , tf ?tf ERIC C. FUNK, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-5443 CIVIL TERM TAMMI S. FUNK, IN DIVORCE Defendant/Petittioner : PACSES NO: 052111314 ORDER OF COURT AND NOW, this 24th day of November, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on December 21, 2009 at 9:OOA.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Nathan C. Wolf, Esq. Date of Order: November 24, 2009 BY THE COURT, Edward E:"Guido, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 OF THE PPO-f'H INOTARY 2009 NOY 24 Pf i 2:1; 0 CUB ' I ERIC C. FUNK, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-5443 CIVIL TERM TAMMI S. FUNK, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 052111314 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this l Ithday of December 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on January 6, 2010 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of December 21, 2009. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Date of Order: December 11, 2009 Copies mailed to: Petitioner Respondent Nathan C. Wolf, Esq. Edward E1;ul` o, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ALED--UH-10"t' 1'AAY OF THE P ,DTH ?'4 2009 DEC I I PM 2= 51 ERIC C. FUNK, Plaintiff/Respondent VS. TAMMI S. FUNK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-5443 CIVIL TERM IN DIVORCE PACSES CASE: 052111314 ORDER OF COURT AND NOW to wit, this 12th day of January, 2009, it is hereby Ordered that the Peitition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the Plaintiff/Respondent being responsible for the first and second mortgages and insurance on the marital home. This Order shall become final twenty (20) after the mailing of the notice of theme C_- R7 Z entry of the Order to the parties unless either party files a written demand with the 177? ; ° n . Prothonotary's Office for a hearing de novo before the Court. h' Mb. BY THE COURT: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Nathan C. Wolf, Esq. Form OE-001 Service Type: M Worker: 21005 s MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 5 Rn day of 2010, by and between ERIC C. FUNK (hereinafter referred to as "HUSBAND") and TAMMI S. FUNK (hereinafter referred n to as "WIFE"). o Co 'C3 cr 3 (9 = r WITNESSETH: ? ? cry WHEREAS, HUSBAND and WIFE were lawfully married on March 6,2004-; a =n cr co WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and 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. 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. 2. 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 a division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other 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 without interference from the other party. Neither party shall contact the other at their place of employment except in legitimate emergency situations. 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. 4. 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. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and all household utility accounts and the home equity line of credit secured against real property located at 327 Gameland Road, Newville, Pennsylvania, having a date of separation balance of approximately $23,000.00 and the first mortgage secured against the same property, as set forth in detail in paragraph 6 hereof. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts, including the obligation secured against a 2008 Mercedes Benz C-300. C. The parties agree that they have no other joint obligations. 6. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. 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 parry, 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: HUSBAND and WIFE hold title to real property located at 327 Gameland Road, Upper Mifflin Township, Cumberland County, Pennsylvania. WIFE shall execute any and all instruments and documents necessary to effectuate a transfer of said property to HUSBAND, releasing to him any right, title or claim to said property. At the time of execution of this agreement, WIFE shall execute a quitclaim deed to HUSBAND, which instrument shall be held in escrow with HUSBAND's counsel until such time as HUSBAND secures financing in his sole name, releasing WIFE from any obligation associated therewith. HUSBAND shall use all reasonable efforts to secure refinancing within 90 days of the execution of this agreement. Upon his refinancing said mortgage, HUSBAND shall pay to WIFE no more than ten (10) days from the distribution of the settlement proceeds, the sum of $23,000.00 representing equitable distribution. Said distribution to WIFE shall not be considered alimony, support or maintenance, but represents WIFE's equitable share of the marital estate. B. PERSONAL PROPERTY: 1.) Motor Vehicles - HUSBAND hereby releases to WIFE the parties' 2008 Mercedes Benz C-300 and WIFE shall attempt to secure refinancing in her sole name on the 2008 Mercedes Benz C-300, but HUSBAND shall be released from any outstanding obligation associated with said vehicle as of the execution of this agreement. HUSBAND agrees to execute any and all documentation or instruments necessary to effectuate a transfer of title to WIFE, though the parties acknowledge that WIFE has retained sole possession of this asset since the parties' separation. 2.) Bank Accounts - HUSBAND and WIFE agree that they have no remaining joint accounts together and that the proceeds of any accounts held together previously have been distributed to their mutual satisfaction. (a) HUSBAND owns stock in Orrstown Bank a component of which represents pre-marital property and a component of which is marital property. WIFE hereby releases any claim she may have to said stock account upon execution of this agreement. 3.) Pension and Retirement Accounts - HUSBAND and WIFE agree to release to the other any and all retirement accounts held during the marriage, or contributions made to said accounts made during the marriage. This release shall include any increases in value in pre-marital contributions to said accounts along with marital contributions or increases in value in said marital contributions to their respective accounts. WIFE shall retain her account held with Raymond James Financial free of any claim by HUSBAND. HUSBAND shall retain his retirement account held with Orrstown Bank free of any claim by WIFE. 4.) Other Personal Property - The parties agree that they have equitably divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree. 7. INCOME TAX RETURNS: In 2009, the parties shall continue to prepare and file separate income tax returns free from any claims by the other for contributions or entitlement to any refund paid. 8. SPOUSAL SUPPORT AND ALIMONY: The parties hereby waive any potential claim for spousal support, alimony pendente lite, or alimony which they may have against the other. 9. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching 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. 10. 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. 11. 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. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. HUSBAND'S attorney is Nathan C. Wolf, Esquire and WIFE has either obtained an independent review of this agreement with any attorney or she has waived the right to do so. 12. 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. 13. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. 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. 15. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: zy/v? (SEAL) ERIC C. FUNK (SEAL) MI S. UNK or COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this -7?_ day of ,4 , 2010, ERIC C. FUNK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge 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 Nathan C. Wolf, Notary Public LM'CC", rlisle Boro, Cumberland County om mission Expires April 19, 2012 Nota Pub Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 3 day of 2010, TAMMI S. FUNK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she 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 Nathan C. Wolf, Notary Public Carlisle Boro, Cumberland County otary 1?bIl' My Commission Expires April 19, 2012 Member, Pennsylvania Assodation of Notaries ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO. 2008 - 5443 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 12, 2008 and served upon counsel for defendant on September 12, 2008 (see affidavit of service filed September 15, 2008). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. (nA???? 3"`"-31 2010 ERIC C. FUNK o -v cx? m aic ? r; a• rrt cn r cn ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO. 2008 - 5443 CIVIL TERM 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 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 herein are made subject to the penalties of 18 Pa.C.S. SectioF 4904 relating to unsworn falsification to authorities. CY) gy.c,N 3 r,-,t, , 2010 ERIC C. FUNK n o 9 ° "O ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO. 2008 - 5443 CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 12, 2008 and served upon counsel for defendant on September 12, 2008 (see affidavit of service filed September 15, 2008). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. _ &(A ?'5 2010 TAMMI S. C ° - K ° m? b M Z .x., rn cra ?. ? > .. -- '17 _ , ? . ? C11 ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TAMMI S. FUNK, : NO. 2008 - 5443 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. i 2010 ' (22M TAMMI S. FUNK C/3 4 F V NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ERIC C. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW rr u2 = TAMMI S. FUNK, : NO. 2008 - 5443 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD x To the Prothonotary: :. Cif Transmit the record, together with the following information, to the court for entry o f 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: On or about September 12, 2008, defendant's then counsel was served with a copy of the divorce complaint via regular mail. (See Acceptance of Service previously filed, September 15, 2008.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: March 3, 2010 By the defendant: March 3, 2010 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: March 4, 2010 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: March 4, 2010 March 4, 2010 Eric C. Funk V. Tammi S. Funk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5443 DIVORCE DECREE ?/? 04-//: a1 AND NOW, 0 , it is ordered and decreed that Eric C. Funk , plaintiff, and Tammi S. Funk bonds of matrimony. defendant, are divorced from the 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.") The marital settlement agreement dated March 3, 2010, is incorporated by reference u no merge into is decree. By thq Court, Attest: J. D Pro honotary - • r! - ro C4- ec& Aw -? 3 -// - ro txd " Z,, YY