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HomeMy WebLinkAbout04-1427DAVD B. DRUMM, : IN THE COURT OF COMMON PLEAS : FOR CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : v. : CIVIL ACTION - LAW NO. oq-- Iq2't (2.-iV.'t DEN1ELE L. DRUMM, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Dcniele Lynn Drumm c/o Max James Smith, Ir., Esquire James, Smith, Dicttrick & Connelly P. O. Box 650 Hershey, PA 17033 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take pmmpt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request mamage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Courthouse Square, Carlisle, PA, 17013-3387. 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 PHONE: (800) 990-9108 DAVID B. DRUMM, : 1N THE COURT OF COMMON PLEAS : FOR CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. DENIELE L. DRUMM, : : Defendant : DIVORCE COMPLAINT UNDER l~ 3301 OF TItE DIVORCE CODE 1. Plaintiff is David B. Drumm who currently resides at 15 Willow Way Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Deniele L. Drumm who currently resides at 15 Willow Way Drive, Cumberland County, Pennsylvania, 17025. 3. Plaintiffhas been a bonafide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on September 19, 1998 in Dauphin County, PA. 5. Neither Plaintiffnor 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. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiffhas been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiffavers that there is one child bom of this marriage under the age of 18: Kyla Lyrm Drumm, dob: 12/07/2001. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER .~ 3301(c} OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divome Code. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears Supreme Court I.D. No. 87737 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 292611-1 VERIFICATION I, David B. Drumm, verify that the statements made in the foregoing Complaint for Custody are tree 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. David B. Drumm Dated: ~)~l'~ /01''/ 292611-1 DAVID B. DRUMM, 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-14.27 - CIVIL TERM DENIELE L. DRUMM, Defendant DWORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Defendant Deniele L. Drumm in the above-captioned divorce action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant's counsel, Max J. Smith, Jr., Esquire, on April 12, 2004. Attached hereto, marked as Exhibit A, and incorporated herein by reference, is the Acceptance of Service. METZGER, WICKERSE2AM, KNAUSS & ERB, P.C. Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~4116/1~ DAVD B. DRUMM, : IN THE COURT OF COMMON PLEAS : FOR CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. DENIELE L. DRUMM, : : Defendant : DIVORCE ACCEPTANCE OF SERVICE I, Max James Smith, Jr., Esquire, counsel for Defendant Deniele L. Dmmm, hereby certify that I am authorized to accept service ora Divorce Complaint on behalf of my client and do so this 12 dayof /4~r~ ,2004. es Smi~, Jr., Esquire James, Smith, Diel:trick & Connelly P. O. Box 650 Hershey, PA 1702;3 Attorney for Defendant 302236-1 DAVID B. DRUMM, : IN THE COURT OF COMMON PLEAS : FOR CLrMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 04-1427 DENIEL L. DRUMM, : : Defendant : DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this \'~ day of (~,.~ ,2004, by and between David B. Dmmm (hereinafter "Husband") of Cumberland County, Peunsylvania, and Deniel L. Drumm (hereinafter "Wife") of Cumberland County, Pennsylvania. WlTNESSETH: WHEREAS, the parties are Husband and Wife, married e.n September 19, 1998, in Dauphin County, Pennsylvania; and WHEREAS, one child was bom of the marriage, Kyla Lyrm Dmmm (d.o.b. 12/07/2001); and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 04-1427; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bo~md, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart :~:om the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 301266-1 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolately and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate fi:om any and all rights, claims, demands, or obligations m-ising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or tenitory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge fi:om all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimonypendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE There is a marital residence owned by the parties as tenants by the entireties situated at 15 Willow Way Drive, Enola, Cumberland County, Pennsylvania, 17025 ("marital residence'). Said marital residence is currently encumbered with a mortgage with M&T Bank. In consideration of the mutual promises of the parties, it is agreed as follows: 301266-1 (a) The parties agree that the marital residence shall be listed for sale within thirty (30) days of the date of signing this agreement; (b) If there are any proceeds from the sale of the marital residence after the encumbrances are paid off, they wffi be split equally, 50/50, between Husband and Wife; (c) If, after the sale of the marital residence, there is any amount due, the amount shah be paid by Husband and shah indemnify Wife for any failure to do so; (d) Until the time that the marital residence is sold, both parties will be equally responsible for the payment of aH mortgages, taxes, insurance, upkeep and related expenses for the property; and each shah indemnify the other for any failure to do so. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction .All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of thc 1996 Suzuki Sidekick currently in his possession. Wife shall retain sole and exclusive ownership of the 2002 Kia Sedona in her possession. Husband and Wife agree to execute, within thirty (30) days of the date of this 301266-1 Agreement, any and all forms, titles, and documents necessary 'to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage with the exception of the following: Debt Approximate Balance a. Cabelas Visa Account $2,000.00 Husband agrees to be solely liable for paying offthe Cabelas Visa. account. Any debts or obligations incurred by either party in his/her individual name! other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obhgation was incurred. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, title, interest, or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's empk~yment or otherwise, and hereafter the pension/refirementJpmfit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. 9. DIVISION OF BANK ACCOUNTS Upon Husband's vacating the marital residence, the parties' joint accounts will be closed and divided with the balances going to Wife. 301266-1 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unman-ied. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE iLITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division .of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this 13. CHILD CUSTODY AND SUPPORT (a) The parties shall have shared legal custody of their minor child, Kyla Lynn Drumm (d.ob. 12/07/01). 301266-1 Each parent shall have an equal right to be exercised jointly with the other parent to make all major non-emergency decisions affecting the Minor Child's general well-being including, but not hmited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S., Section 5309, each parent shall be entitled to all records and information pertaining to the Minor Child including, but not limited to, medical, dental, religious or school records, and the resident address of the Minor Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shrill be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. (b) Wife will have primary physical custody of the Minor Child. Husband will have temporary physical custody of the Minor Child at times to be agreed upon by the parties. (c) Communication must remain open between the parents regarding school activities and any other extracurricular activities of the Minor Child. (d) The parties agree that the holiday schedule will be arrived at only upon the mutual agreement of both parties. (e) Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the Minor Child. To that end, the parties agree to cooperate with one another to encourage the Minor ,Child's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication with would adversely affect the Minor Child's relationship with either parent. Neither party shall make 301266-1 disparaging comments about the other in front of the Minor Child; nor will they permit any of their relatives or any other third party to do so. (f) Both parties agree that neither party shall remove the Minor Child from the Commonwealth of Pennsylvania for an extended period of tirne without prior notification and approval of the other party. (g) The parties agree that the Minor Child shall ihave liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to physical custody. (h) Both parties agree that the custody portion of this Agreement may only be modified in writing or through further order of this Court. (i) Vacations will be discussed and arrangements will be arrived at upon mutual agreement of the parties. (j) Upon agreement of the parties, Husband will ]pay Wife the amount of $300.00 monthly as child support. This will be due no later than the last day of every month. Both parties realize that this amount may be subject to modification in accordance with the State Guidelines. (k) Husband will continue to cover the Minor Child on his health insurance through his work. (1) Husband will reimburse Wife for one-half of any incurred daycare expenses within seven (7) days from when they occurred. 301266-1 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the te~xns, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 301266-1 18. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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 f~om this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigr~s. 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 301266-1 23. MODWICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The patties acknowledge that this Agreement is fair aad equitable, and that they have reached this Agreement f~eely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. 301266-1 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: ~-~fi~'~"~ David B. Drumm '~ De'el L. D~ 301266-1 COMMONWEALTH OF PENNSYLVANIA : ; SS COUNTY OF ~)Ro?~:~ : On this, the I?~day of /t~,0 ¥ ,2004, before me, (he undersigned officer, personally appeared David B. Dmmm, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL I CAROL A. LYTER, Notary Public City of Harrisburg, Dauphin County My Commissio~ EXp~e Dec. 28, 2004 ' My Commission Expires:/ COMMONWEALTH OF PENNSYLVANIA : ~ SS COUNTY OF ~>/k~ p¢-~t4 : On this, the ~o'¢~ day of ~1 , 2004, before me, the undersigned officer, personally appeared Deniel L. Dmmm, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Ssal Alisa M. Stine. Nr~tary Public Derry Twp., Dauphin Counly My Commission Expire,s Nov. 19, 2007 Member Pennsylvania Association Of Notaries IN THE COURT OF COMMON PLEAS DAVID B. DRUMM, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1427 VS. CIVIL ACTION - LAW DENIEL L. DRUMM, Defendant IN DWORCE AFFIDAVIT OF CONSENT AN]_D_ - _WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I ,cio not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. ~~ Date: DENIEL L. DKUMM 1N THE COURT OF COMMON PLEAS DAVID B. DRUMM, ^ ~,m, C. OUNTY, PENNSYLVANIA Plaintiff CUMBERL~'~ ~' NO. 04-1427 VS. DENIEL L. DRUMM, CIVIL ACTION - LAW Defendant IN DIVORCE ~WAIVER OF NOTICE OF INTENTION TO ~_~__Q_.~_~_ ENTRY OF A DIVORCE DECREE UNDER ~L3301(c) OF THE DIVORCE COD~E 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. Section 4904, relating to unsworu falsification to authorities. Date: DENIEL L. DAVID B. DRUMM, 1N THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA v. CiVIL ACTION - LAW NO. 04-1427 CiVIL TERM Defendant DIVORCE AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on April 5, 2004 and served upon Defendant on April 12, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: ~/~///~ ~/ ~~~~ 309079-1 DAVID B. DRUMM, : IN THE COURT OF COMMON PLEAS : FOR CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 04-1427 CIVIL TERM DENIELE L. DRUMM, : : Defendant : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 3301(e) 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 ifI do not claim them before a divorce i,.s granted. 3. I understand that I will not be divomed until a diw)me 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 trae and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: ~,~'/0 ~' Da~~ 309079-1 DAVID B. DRUMM, : IN THE COURT OF COMMON PLEAS : FOR CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 04-1427 CIVIL TERM DENIELE L. DRUMM, : : Defendant : DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~,~day of~ 2004, I, Andrew C. Spears, Esquire, of Mctzg~r, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, David B. Drumm, hereby certify that I served a copy of the Praecipe to Transmit Record this da), by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Deniele L. Drumm c/o Max James Smith, Jr., Esquire James, Smith, Dicttrick & Connelly P. O. Box 650 Hershey, PA 17033 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:_ Andrew C. Spears IN TIlE COURT OF cOMMON PLEAS : FOR cUMBERLAND COUNTY DAVID B. DRUMM, : pElqblSYL¥ AI',IIA Plaintiff, : : CIVIL ACTION - LAW v. : NO. 04-1427 CML TERM DENIELE L. DRUlVI1VI, : Defendant : DIVORCE pRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for enlxy 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 Complaint: A Complaint in Divorce was filed on April 5,200~, and s~rved on Defendant on April 12, 2004. 3. Complete either paragraph (a) or (b): (a) Dat~ of ~xecution of Plaintiff's and Defendant's Affidavits of Cons~t r~quired by Section 3301(c) of the Divorce Code: Plaintiff: Executed August 16, 2004; filed August 24, 2004 Defendant: Executed luly 22, 200~; filed July 29, 2004 (b){l) Dat~ of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorc~ Code: NA (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filing: NA Service: NA 4. Complete the appropriate paragraphz: (a) Related claims pending: None CO) Claims withdrawn: None (c) Claims settled by agreement oftbe parties: All (d) State whether any writtan agreement is to be incorporated into the Divorce Decree: Marital Settlement Agreement 5. (a) Date and manner ofsendce of the Notice of Intention to File Prancipe to Transmit Record, a copy of wh/ch is attached, ifthe Decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Service: NA Co) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Pmthono~,~--y: August 24, 2004 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:. July 29, 2004 METZGER, WICKERSHAM, K. NAUSS & ERB, P.C. Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. DAVID B. DRUI~ NO. 0~,-1~,27 VERSUS DENIELE L. DRIII~ DECREE IN DIVORCE ^r~ now,~-:'_,~,~,, ,T ,s ORDERED AND , PLAINTIFF. AND DENIELE L. DRUNI~ , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; ~ A l~arital Settlement Agreement between the parties dated BY .THE Cot "'