Loading...
HomeMy WebLinkAbout04-2006 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA BRENT!. PATNO, v. : NO. oy- ?OO~ CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LA W : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are wamed that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 the 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 at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 S. Bedford Street Carlisle, Pennsylvania 170 I 3 (717) 249-3166 BRENT IAN PATNO, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 1:>'1-..2 D(;>G. CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Brent Ian Patno, an adult individual, currently residing at 501 Fifth Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Mary Susan Patno, an adult individual, currently residing at 501 Fifth Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on February 13, 1999. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION II. Paragraphs I through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, 2.t!> .f\.,w.. ?..~ t4 Date ~y~. ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attomey for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.s. Section 4904 relating to unsworn falsification to authorities. OY-...?, ~o<( Date ~:3NPA1NO - "")0 P 1l::... "" :V.- '-" ~ 0 s ~ uJ '" SD a "'" - ~--S:7 C 0 U' d C VI I ~ d. --0 --v -0 ~ ~ ~ 4::> -r-- J'. ",-t-- ~ - '<.. ;<:. .-'" (~..~- o () c: ~>. r-> Co? 0 = .<-- -n :lC ~-n :P'" -< rilF I -om U1 :-.;-;0 {"J ' ',0 ;~ ._,_ -T~ ::z: (~:_~1 '0.0 '-;? ("jrr1 ..-1 <::) ;lJj \.0 -< ,', :..-..-: :;~ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BRENT!. PATNO, v. : NO. 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION- LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Complaint filed in the above captioned case upon Defendant by certified mail, return re<:eipt requested on May 7, 2004, addressed to : Mary Susan Patno 50 I Fifth Street New Cumberland, P A 17070 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 8, 2004. Furthermore, I hereby certifY that I served a certified copy of the Complaint first class mail addressed as above and mailed from New Cumberland, Pennsylvania on May 10, 2004. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN F ALSIFlCA TlON TO AUTHORITIES. \,\ .(Y...A-( 1..<sO'-\ Date Q?~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plainltiff ~ US POSldl Service CERTIFIED MAIL RECEIPT (Domestic Mail Only No Ins/II.1l1ce Cove/age Plovldcd) nJ Postage $ Il"" r'- Certlfll3d Fee U1 Return Receipt Fee C (Endorsement Required) C C Resbicted Delivery Fee CJ (Endorsement Required) Total Postage & Fees $ $8.1.. Il"" '" Il"" rn C =r ~ ..::~..~~.t....~~.J....:;Pd.7.'.t.t/..o......_...... .-=I Street, Apt. No.; ~ ~ ~:'~-j;~~j;,{;-?~''''''~--'/-7~-;--:;------ I . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery 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 piece, or on the front If space permits. 1. Article Addressed to: D. Is delivery adclress differ9nt from item 1? If YES, enter delivery address below: /JJ,4-,.zy .st/~r1I11' 11ITA/D Ot:! / /'iF7.#' Jr ;j!E/V ~m8ERL/f/\/.l). ~,4 /70 7D 3. Service Type M Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise D Insured MElil 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ~s / 2. Article Number (Transfer from service label) PS Form 3811 , August 2001 7001 1140 0000 5792 3989 DomestiC Return Receipt 102595-Q1-M.0381 . ~ Q r-' 0 c;:? , c"' -n .e- .-' ~? " :1: ::C-n .:,:,.. rl1f.:c. ~, 0 -0 ill - ~ - :p9 L" w at ..< :':;l" ~:. ,~ -c, -0 -.'-1' =.i:: (~::~(~ ,~ c) '(511\ y' C" r;-? .-, -;:..: ;';3 '2 ;;- ~ -l BRENT I. PATNO, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .. NO~'04-2il06"'"'' Civil Action - Law Divorce MARY SUSAN PATNO, Defendant DEFENDANT'S PETITION FOR EMERGENCY SPECIAL RELIEF PURSUANT TO Pa.R.Civ.P. 1920.43(a) AND NOW comes Defendant, Mary Susan Patno, by her attorney, Kathy M. Shughart, and files this Complaint, based upon the following: 1. Plaintiff, BrentI: Patno, (hereinafterreferred.to as."Husband.") is currently on active duty in the United States Army, but has advised he is returning home May 27, 2005 and expects to be released from active duty due to an injury in mid.June. 2. Defendant, Mary Susan Patno, (hereinafter referred to as "Wife") currently resides in the marital residence located at 501 Fifth Street, New Cumberland, Cumberland County, Pennsylvania. 3. Wife and Husband were married on February 13, 1999. 4. Wife and Husband have been living separate and apart at least since the filing of the divorce complaint May 5, 2004. 5. Since that time, Wife has continuously resided in the marital home with her minor child, who is enrolled.in school inthe.localsGhoQI.district. ' 6. Husband has at times also resided in the marital home, resided with various friends and been on active military duty. 7. Since Husband left for active military duty in January 2005, his father, Harrison Patno, has been his Power Of Attorney. --- 8. The marital home is titled solely in the name of Husband and was purchased six months prior to the parties' marriage. 9. Both Wife and Husband have contributed to the payment of the mortgage during the parties' marriage. 10. The marital home is under contract of sale and settlement is scheduled for June 27, 2005. II. Wife and Husband's Power Of Attorney had a verbal agreement, which was in the process of being reduced to writing, to escrow the proceeds of the sale of the marital residence pending the resolution of the parties' divorce action. 12. Husband is now unexpectedly reporting that he will be released from active duty and will be home before the settlement on the marital residence. .,.-......,.'........ 13. Wife is fearful that Husband will not abide by the agreement she has with Husband's Power of Attorney to escrow the proceeds from the sale of the marital residence and that he will revoke his Power of Attorney, thus negating his father's ability to act on his behalf and abide be the terms of the verbal agreement. 14. The marital home is the single asset of any significant value in the divorce proceeding. 15. Husband does not have any other liquid or significant assets from which he could offset any sum due to Wife as a result of the sale of the marital residence. 16. Wife has made substantial and significant improvements to the marital home, as well as maintained the marital home, since prior to the parties' marriage to the current time, including some out-of-pocket po~t~epar~tio~~~pe~se~. . 17. It is Wife's belief that the increase in value in the marital home is due primarily to the improvements she has made to the home. 18. Husband has told Wife that he has no intention of distributing any money to her as part of a divorce settlement. 19. Husband has also threatened Wife, and has acted accordingly, that he has every intention of not paying the mortgage and allowing the house to be lost to a foreclosure. . Z" 20. Although Husband agreed to be responsible for the mortgage payments, both during a support conference and by verbal agreement with Wife prior to his deployment to active duty, the mortgage payments were not current until Husband's Power of Attorney assumed control of Husband's financial affairs and made the payments. 21. The sales price of the marital residence is $145,500.00 and the mortgage payoffis approximately $105,000.00. 22. All of the increase in' value is':fh1arltalasset'subject to' equitable distribution. 23. Wife seeks to escrow the proceeds from the sale of the marital residence pending resolution of the issues of equitable distribution. 24. Wife requests that the proceeds be escrowed in an interest bearing account held by the parties' respective counsel. 25. Wife's counsel had discussed this matter briefly with counsel for Husband several weeks ago before it was known that Husband would likely be home at the time of the sale of the marital home, but no definitive response has been forthcoming. 26. Due to the time constraint, Wife is seeking court intervention to prevent Husband from receiving the proceeds fromthe'saleofthe'housec' 27. Absent court intervention, there is nothing to prevent Husband from receiving the proceeds from the sale of the house at settlement. 28. In such an event, Wife is without a remedy to insure that the proceeds will be available for distribution at the time of resolution of the divorce. 29. It is perfectly clear that the relationship of the parties has deteriorated to the point that intervention by this Court is mandated. 30. The Court possesses broad powers to fashion a remedy and afford special relief pursuant to Pa.R.Civ.P. 1920.43 (a) which provides that "[A]t any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions. as it deems just; ,.'..:grant {)therappropriate relief." 3 WHEREFORE, Wife respectfully requests this Honorable Court grant the following equitable relief: A. Proceeds from the sale of the marital home be held in an interest bearing escrow account to be held jointly by counsel for the parties pending resolution of equitable distribution. B. Any other equitable relief the Court deems appropriate. Respectfulvubmitted, ----v ..' ~ (/~~/~~~~~ . . .. ,., KathyM..Shughart, Esq. Attorney for Defendant 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 4 BRENT I. r ATNO, Plaintiff v. MARYSUSANPATNO, Defendant Civil Action - Law Divorce VERTFICATION I verify that the statements made in the attached pleading are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom-falsific:ation-to-authoritieiJ;'" ................ . '-- lnal..&~ J.;..ot!~ /!1frc-tr Mary S an Patno . ,.." .... ~ - ,. . "..-........ ...... .,,'~.,........,"'........,.~..-_. -"....,~.."'._.,. ..... . ,u, ,_..'~' ~ ~,.,_..._.-""'_.,",..,..,._",.."-<.~.,..._-.\".,.,(.'-,'".',,.",._~,. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-2006 BRENT I. PATNO, Plaintiff MARY SUSAN PATNO, Defendant Civil Action - Law Divorce CERTIFICATE OF SERVICE I hereby certify that I have, on September 29, 2004, served a true and correct copy of DEFENDANT'S PETITION FOR EMERGENCY SPECIAL RELIEF PURSUANT TO Pa.R.Civ.P. l20.43(a) on the person andii'i'theriiiilifiefiridiCiited below, which service satisfies the requirements ofPa.R.Civ.P. 440. Service by first class mail addressed as follows: Robert P. Kline, Esq. 714 Bridge Street P.O. Box 461 New Cumberland, P A 17070 Respec ly SUbmit2le ~. w--- . aih ~ghart, Esq. Attorney for Defendant P.O. Box63l5 Harrisburg, P A 17112-0315 (717) 540-8511 Supreme Court #39779 Dated: 5/27/05 " , ,.' ,-~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO: 04-2006 BRENT I. PATNO, v. MARY SUSAN PATNO, Civil Action - Law Defendant Divorce . ,.. ..... ."..,."..,'.'........"'......... NOTICE TO PLEAD TO: Brent I. Patno, Plaintiff and Robert P. Kline, Esquire, Attorney for Plaintiff You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. DATE: 5/27/05 ~vn. Ka ~y M. Shughart Attorney for Defendant P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-2006 BRENT I. PATNO, Plaintiff MARY SUSAN PATNO, Defendant Civil Action - Law Divorce ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW comes Defendant, Mary Susan Patno, by her attorney, Kathy M. Shughart, and files this Answer and Counterclaim to Complaint in Divorce, based upon the following: COUNT 1- DIVORCE I. Denied. Plaintiff no longer r:.si<i:sin. tl1;~~t~ll1.o,?e. . 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. This averment states a fact which does not require a response. 10. This averment states a fact which does not require a response. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiffs request to enter a decree of Divorce. COUNT 11- EQUITABLE DlSTRIBTUTION OF PROPERTY 11. This averment states a fact which does notrequire a response. 12. Admitted. 13. Admitted. WHEREFORE, Defendant requests this Honorable Court to equitably divide the parties' marital property. COUNTERCLAIM COUNT III - DIVORCE 14. Defendant incorporates by reference herein Paragraphs 1 through 13. 15. Defendant avers that Plaintiff has offered such indignities to the person of the Defendant so as to render Defendant's condition intolerable and Defendant's life burdensome. WHEREFORE, Defendant requests this Honorable Court to grant Defendant's request to enter a decree of Divorce. COUNT IV - ALIMONY PENDENTE LITE. COUNSEL FEES, COSTS AND EXPENSES 16. Defendant incorporates by reference herein Paragraphs I through 15. 17. By reason of this action, Defendant will be put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 18. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 2 19. Plaintiff has adequate earnings to provide for Defendant's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant requests the court to award counsel fees, costs and expenses and to compel Plaintiff to pay alimony pendente lite to Defendant. COUNT IV - ALIMONY 20. Paragraphs 1 through 19 are incorporated by reference herein. .. ,., .... . . ,""~"""'_ ...., .." ........ .,..,...."... ...-...... e.' '.. , .,. ..' " 21. Defendant lacks sufficient property to provide for her reasonable needs. 22. Defendant is unable to currently sufficiently support herself through appropriate employment. 23. Plaintiff has sufficient income and assets to provide continuing support for the Defendant. WHEREFORE, Defendant requests the Court to enter an alimony award in favor of Defendant. lly submitted, VYI ~h-1--- KathWhUghart Attorney for Defendant P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 3 v. !N..LIW.QQY.U.OI~GQMMQNPI"EAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-2006 BRENT I. PATNO, Plaintiff MARY SUSAN PATNO, Defendant Civil Action - Law Divorce VERIFICATION I verify that the statements made in the attached pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relatin,g to QIlSwom'falsificatiorrto"authoritie:r.- .....'._...n "". . r()~r r/JWJIJ-vL pafU-() MlI1Y Susart Patno . '," ..-... ~ .,_........ ...."..~M"<,.''''...'....... ........ ""'"",-",0(',_ ",,, ". . . .., .. ~.o . ~ .."....~,_......"..,.....'w.....,..."'..._ ""'''''~''''''',"'''''''''' <.,., , . . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA . NO~,.04"2006". >>_ , BRENT I. PATNO, Plaintiff MARY SUSAN PATNO, Defendant Civil Action - Law Divorce CERTIFICATE OF SERVICE I hereby certify that I have, on September 29, 2004, served a true and correct copy of the ANSWER AND COUNTERCLAIM on the person and in the manner indicated below, which service satisfies the requirements ofPa.R.Civ.P. 440. Service by first class mail addressed as follows: Robert P. Kline, Esq. 114 l3iidgeStreeC" P.O. Box 461 New Cumberland, PA 17070 Respe lly sUbmitte~/ ath~h~,~~L Attorney for Defendant P.0,Box63l5 Harrisburg, P A 17112-0315 Dated: 5/27/05 (717) 540-8511 Supreme Court #39779 . "'" """''''''''>>...>>." ...,.....' , , ~ ~ ~. ~ (") t"---:') ,"','" '-- '-'> .- -..... "::.71 ~ )J 'I::, ...!;:;,., 'tJ ~ , r.....' <;;;-- Co\'. , -" --- ~ V - - ;~': C,..) --'] C., .< BRENT 1. P A TNO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MARY SUSAN PATNO, Defendant NO. 04-2006 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of June, 2005, upon consideration of Defendant's Petition for Emergency Special Relief Pursuant To Pa. R. Civ. P. 1920.43(a), a hearing is scheduled for Monday, June 20, 2005, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING SAID hearing, the net proceeds received from the sale of the marital residence located at 501 Fifth Street, New Cumberland, PA, shall be held in escrow. These funds shall be held on behalf of the parties by the parties' counsel, Kathy M. Shughart, Esq., and Robert P. Kline, Esq., in an interest-bearing account. BY THE COURT, ,;{obert P. Kline, Esq. 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 Attorney for Plaintiff J (\ ,OS 0,\:0'1 Pthy M. Shughart, Esq. 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorney for Defendant V! f'i'\!;,l.\S!\ >{:id ( t" I~, ""..., ;.... ,.......:"......."1f""\ I\..:.J'I-Ji P~_I_..1 .; -!;,;!/'\;! .\J o ~ :8 Hd 6- Nnr SOOl \ ~.!\.; ! (T! ):' ! (j'.J ~ '::] Hi' ..l(\ I....,,{_..~,"j\....,., L.".........:w _I .::li\'J 3;)~j:~(=t--cJ:rl lj BY THE COURT, BRENT 1. PATNO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MARY SUSAN PATNO, Defendant NO. 04-2006 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY SPECIAL RELIEF PURSUANT TO PA. R. CIV. P. 1920A3(a) ORDER OF COURT AND NOW, this 17th day of June, 2005, upon consideration of the attached letters frorn Robert P. Kline, Esq., attorney for Plaintiff, and Kathy M. Shughart, Esq., attorney for Defendant, the hearing previously scheduled in the above matter for June 20, 2005, is continued generally. Counsel are directed to contact the court if they desire a hearing or if a settlement is reached. PENDING SAID hearing or settlement, the net proceeds received from the sale of the rnarital residence located at 501 Fifth Street, New Cumberland, PA, shall be held in escrow. These funds shall be held on behalf of the parties by the parties' counsel, Kathy M. Shughart, Esq., and Robert P. Kline, Esq., in an interest-bearing account. /obert P. Kline, Esq. 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 Attorney for Plaintiff ? (\ . JJ.N(Y.: ' +Jl : I I,Jd 02 Nnr SOUZ Ati\flUN01UiJ8d 3H1 :10 :n!:bO-0311:J viathy M. Shughart, Esq. 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorney for Defendant Xatfiy :M. Sfiugfiart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg. PenJ1$Ylvania 11112-0315 Phone: (117) 540-8511 fax: (117) 611.9601 JUlJ.e 16,2005 The Honorable J. Wesley Vier, Jr. Cumberland County Court HoU$l. -.. . One Court House Square C.ATH~l,,> J>A 17013 ~ .............,._. ._.. _.,~..._..,_". .,_"....".",..." .~.."" ...." h J'lA FACSIMILE only 240-6462 RE: Brent L Patno v. Mary Sll511D Pamo No: 04-2006 Dear Judge Oler: This cOlle~lldence will confinn my telephone conversation with Ruth of your office this morning wherein I cxpressed my agreement with Attorney Kline's request to continue generally the hearing on Mrs. Pamo's Petition For Emergency Special Relief which is currently scheduled fOT June 20, 2005. My agreement is contingcnt upon !hI: coudiliull rtmlaining in the order that the . proceeds from the sale of the rii8rltiil"resfdCiice-mtooeneTifiil'escrowlJY Attorney Klll1e and my:;c;lfpencling further heating or agreement of the parties. It is my hope that the parties will be able to resolve this matter without the need for further (:Ollrl inte~tion, however until such time, I am. not willing to withdraw my petition. Thank you for your attention and consideration of this matter. c.onliI\Jly, .' _../~~ Yh - k Kathy M. Shughart, Esq . ~." ....... ........--.....,'.........._......"'......~-_.._,-,....,.....,."'.."'.,... KMS~ccs c<:: Mary Pal:l\o Robert P. KJine, Esq. ;. ROBERT P. KLINE, ESQ. June 13,2005 The Honorable J. Wesley Oler, Jr. Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Re: Brent 1. Patno v. Mary Susan Patno No. 04-2006 Civil Term Dear Judge Oler: I am writing in regard to the hearing that you have scheduled in the above-captioned matter on Mary Susan Patno's Petition for Emergency Special Relief, which hearing is scheduled for Monday, June 20, 2005. When Ruth contacted my office last week regarding the scheduling of this hearing, I advised her first that my client is not, nor ever has been, in opposition of having the proceeds of the sale of the parties' resident at 501 Fifth Street, New Cumberland, placed into escrow pending a resolution of this divorce matter, and, second, that I was scheduled to be out of town on a family vacation on that date. I do not wish to go into any detail regarding the fact that this petition, and the need for a hearing, could have been avoided had Ms. Shughart either contacted my office before the petition was filed, or had returned my telephone cal1s after I had received service of the petition. However, I can say that Ms. Shughart did, either late Friday or over the weekend, fax to my office a proposed Agreement which I am forwarding to my client today. As my client is presently stationed in Tennessee, I am not certain as to whether that Agreement will be returned to my office prior to June 20. However, in light of the fact that your Order scheduling the hearing states that, pending said hearing, the proceeds of the sale of the 50 I Fifth Street property are to be placed into escrow, may I suggest that the hearing scheduled for June 20 be continued generally, with the condition of the Court being that the funds are to be placed in escrow. This seems like the most practical approach to this matter for all parties involved. I thank you for your attention to this matter. ( Robert P. Kline, Esquire RPK/srf cc: Brent 1. Patno Kathy M. Shughart, Esquire c/4t 1<,1' <baS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BRENT 1. PATNO, v. : NO. 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER BRENT 1. PATNO, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support () Alimony () Counsel Fees ( ) Alimony Pendente Lite ( ) 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, with the exception of information requested from the Defendant pertaining to her pension. (2) The defendant has appeared in the action by her attorney, Kathy M. Shughart, Esquire. (3) The Statutory ground for divorce is Divorce Code Section 3301(d). (4) The action is contested with respect to the following claims: divorce, distribution of property, alimony, alimony pendente lite, counsel fees. (5) The action does not involve complex issues oflaw or fact (6) The hearing is expected to take one (1) day. (7) Additional information, if any, relevant to the motion: None. Date: 2.0 ~.,. 2.ool.D S2J-~r Robert P. Kline, Esquire P.O. Box 461 New Cumberland, P A 17070 (717) 770-2540 Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, , 2006, master with respect to the following claims: Esquire is appointed By the Court: 1. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion For Appointment of Master upon Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 20th day of March, 2006, from New Cumberland, Pennsylvania, addressed as follows: Kathy M. Shughart, Esquire 27 S. Arlene Street Harrisburg, PA 17112 Attorney for Defendant <:J\- \V~~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff r- r-> ~ ,) c-'> (- c:.;:. .~r ,~ :::z: :::;J :-:"... .,..;.--n -;:0 l-nf'; N --:q(U - 0 .,-,y' , ~~j (? ::;'J- "-:1 :'~" -"~ 7 (~ ,J) ';"<::,.,n :::,,\ '...,-~ c.::' ~:.O v;:; -< '. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BRENT I. PATNO, v. : NO. 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER BRENT I. P A TNO, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support () Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) 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, with the exception of information requested from the Defendant pertaining to her pension. (2) The defendant has appeared in the action by her attorney, Kathy M. Shughart, Esquire. (3) The Statutory ground for divorce is Divorce Code Section 3301 (d). (4) The action is contested with respect to the following claims: divorce, distribution of property, alimony, alimony pendente lite, counsel fees. (5) The action does not involve complex issues oflaw or fact (6) The hearing is expected to take one (I) day. (7) Additional information, if any, relevant to the motion: None. Date: 2.0 ~~ 2.ao<a ~}~r Robert P. Kline, Esquire P.O. Box 461 New Cumberland, P A 17070 (717) 770-2540 Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW: h hiU'A :J( ,2006, C' 'f<)di.td ;ft~/1 master with respect to the following claims: 11,,1/ ,(1(71.::1:fc) r I Esquire is appointed By the Court: o~~ J. - I.r' ~ \c-- u.~9 c1t~: ~t..~;: "g'S' ~,1_ . 0- u:.~ r- 'tl - - .,,- ~ - 0J 0.:': <I~;: ::;::; .p c:::' c'';) c-' - ------ BRENT IAN PATNO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 the 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 at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BRENT IAN PATNO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE AMENDED COMPLAINT IN DIVORCE 1. Plaintiff is Brent Ian Patno, an adult individual, currently residing at 266 J oya Circle, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Mary Susan Patno, an adult individual who presently resides at a location unknown to Plaintiff in Lower Allen Township, Cwnberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on February 13, 1999. 5. Plaintiff and Defendant have lived separate and apart since mid-December, 2003, when they established separate bedrooms, and continue to live separate and apart as of the date of this Complaint. 6. There have been no prior actions for divorce or annulment between the parties. 7. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 8. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 9. Plaintiff and Defendant are citizens of the United States of America. 10. The parties' marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EOUlTABLE DISTRIBUTION II. Paragraphs I through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, tl.o ~ 2.000 Date Qh-~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verifY that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein made are subject to the penalties ofPa.C.S. Section 4904 relating to unsworn falsification to authorities. 174 . ~ /~.;hd? Date ~. ~ ' . '-" \. :--------..... (~ .----...:::,.'- -- "R"NT IAN P A - 0 CERTIFICATE OF SERVICE I hereby certifY that I served a true and correct copy of the foregoing Amended Complaint upon Defendant by depositing same in the United States Mail, first class, postage pre-paid on the \~"'t~ day of March, 2006, from New Cumberland, Pennsylvania, addressed as follows: Kathy M. Shughart, Esquire 27 S. Arlene Street Harrisburg, P A 17112 Attorney for Defendant ~~?~D' ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ~ ~~ .<- -- ?~ :;0 o ~n ::2-n rliF -on1 :n9 ':,'~o .:.J ~1'1 \.--n ,~~(') ..,en o ---I "'I:,.. <u =< -l -n (;'~ C.? Ul Kathy M. Shughart, Esquire J.D. No. 39779 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112,0315 (717) 540-8511 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-2006 BRENT I. PATNO, v. MARY SUSAN PATNO, : Civil Action - Law Defendant : Divorce AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, MARY SUSAN SCOPELLlTI PATNO, being duly sworn according to law, deposes and says that she is the Defendant in the above-captioned divorce action, and she hereby elects to resume her prior surname of ORNER and hereafter use and be known by the name of MARY SUSAN ORNER, and therefore, gives this written notice avowing said intention, in accordance with Section 704 of the Act of November 15, 1972, P.L. 1063,54 Pa.C.S. 704. Sworn to and subscribed to before me this 27 n d day of (\\0.(( h , 2006 JYh ~ ~ r\[\ f\ EL.J1t. 6 Notary Public J1i::ls&~t~{t~I ~1~~ UL!a.~ Pr,d AF SUSAN PATNO 7rt {l 'L':;i .J lL{]Alo7t- [r; IU / To be k/nown as MARY SUSAN ORNER (:j , '1<,;- :70 1 "'-\ t C) c> --- C') -q ---- N lJ .:.':.:....1 r:r (J-- ~ ,-'J ~- - --.. --.0 '-.) ~ ?2 c'-' ;- (-,) ~ 1._1; 1''''''::' ,l\~J,~{r~?~~r't~t!'t r-~"'" ,;; ~ ~~f!~:l"":"'"' Y , }_!'V!_'"''':(II.J:'.t'''''~::'-;}__'"''''l "", II\.'J....,' n,* ~ """",.,, BRENT I. PATNO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-2006 v. MARY SUSAN PATNO, Defendant Civil Action - Law Divorce DEFENDANT'S PRE-TRIAL STATEMENT AND NOW, comes the Defendant, Mary Susan Orner, formerly known as Patno, by and through her attorney, Kathy M. Shughart, Esquire, and files this Pre-Trial Statement pursuant to Rule 1920.33(b) as follows: 1. Defendant's Inventory and Appraisement will be filed the week of June 20, 2006. It has not yet been filed due a miscommunication and counsel's vacation. . . -., ."~_.~ . "...... .... ~ ...._..... (.c.....,.._=-._ (~....."...!.ar,,-... ...._.... '" """,'_'~".(..... .' .......,.. ,_... '_" ... . However, a list of marital assets is attached hereto as Addendum A. 2. Defendant does not anticipate calling any expert witnesses, but reserves the right to call any expert witnesses and will notify Plaintiff of such witnesses prior to trial. 3. Defendant will testify on her behalf as to the valuations and circumstances surrounding the acquisition of the marital assets set forth in her Inventory and Appraisal., and specifically will testify to Plaintiffs dissipation of marital assets and his earning capacity and Defendant's attempt~do"riiainiariitlievaIue'ormantarassets'.' 'She will also testify about the debts and liabilities of the parties as set forth on her Inventory and .. . . Appraisement as well as offering testimony as to the factors relevant to a determination of equitable distribution. She reserves the right to call any additional witnesses and will notify Plaintiff of such witnesses prior to trial. 4. Defendant may submit copies of the following documents as exhibits: _. ~ ...._... r.....L""'_=-." <........ '..././1110....... ....._"" n ,..,....._......<-"....,..("'..,... (1) documents relative to the mortgage and sale of the marital residence. (2) bank account statements (3) 401(k) statements (5) documentation for vehicle values (6) receipts for maintenance of marital residence (7) list of personal property, if at issue Defendant reserves 'the righno"ca1rany.m.1tlitir>na:l~WitnesseS" and will notify Plaintiff of such witnesses prior to trial. 5. Defendant's average net monthly income averages $1893.00. 6. Defendant will file an Income and Expense Statement on June 21, 2006 pursuant to a proceeding before Domestic Relations. It has not yet been filed due a miscommunication and counsel's vacation. 7. Defendant has a 401(k) which includes marital and non-marital portions. She is in the process of obtaining information relative the to current value of the marital '., ,., .......,..-. .... ...... .......- ~'.....,._,~ '" ,,...,........--.""~......~ ...,-.... *'- ,..,....,.,..,i<..... .,......., portion and will provide same to Plaintiff as soon as same is received. 8. Defendant has incurred counsel fees in excess of $1500.00 exclusive of preparation and attendance at the pre-trial conference and master's hearing. 9. There is no. signi~~~!. tan~gi.~l~ p'~~,~~a}.,P'!?'p"~~,,~! j~.~u~.~. pefendant reserves the right to submit lists of personal property and values therefor should the personal property become an issue. 10. The marital debts include Defendant's Bob-Ton, VISA and Lowe's credit cards, as well as an outstanding vet bill for the parties' dog. Defendant is in the process of collecting information concerning the separation date balances of these debts. Defendant has not received any information with respect to Plaintiff s debt. 11. Defendant suggests the following distribution of marital assets: (1) Each party ti)ietalrithe personaf possessIons"curreIliIy' in his or her possessIon; (2) Defendant to receive sixty percent of the marital equity in the marital home; (3) Defendant to receive alimony for a period of four years; (4) Plaintiff to pay for fifty percent of Defendant's attorney fees. (5) Plaintiff to be responsible for payment of the vet bill and reimbursement for maintenance and sale preparation expenses relative to the sale of the marital home. .~. ,., ...., ....-. ,.. II """"'" lo'................" ,_ "''''''';~ .....1>..... ....._..... ....,..,.....'.._ '.~.... .: .~'., K thy M. Shu hart Attorney for Defendant P.O. Box 6315 27 South Arlene Street Harrisburg, P A 17112-0315 (717) 540-8511 Supreme Court #39779 ~. "....-- ..,.........._" 0' ,""'-,.. ,..~!<N1>......,. ......_"'" ".1.-'". ,..-........ '.' r""., ADDENDUM A Marital Property Item Number Descriotion of Prooertv Names of All Owners Value I. 501 S.5th Street, New Cumberland, PA Husband increase in value ($28,714 proceeds from "~"'_N'_' --~ ..."..." "'Sale are held in escrow) 2. Waypoint checking account Husband unknown 3, Commerce checking account Wife TBD 4. Fulton Bank checking Wife TBD 5. Military retirement Husband unknown 6. Lane Enterprises 401(k) Wife TBD -.. ."~ "~-. "..-. ... ,... ~ ....-... '~'...""........ ." .-""""'.~....M.v_.. ...._.,.. _;"'''''-'''."<;;..' ......r 7. 2002 Saturn L300 Wife TBD 8. 2000 Mitsubishi Eclipse Husband TBD 9. Personal property Husband & Wife TBD 10. Military retirement Husband unknown 11. Military benefits Husband unknown '.. ,.. .~. '..--, .' ,.... ....-... ~""~,"".........:>.- ........ ;..~I...~__.. ......_.,.. .. ,..,.... .;.....~'.... .' ."'" ..... c- .." 'c., ... . # ' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-2006 BRENT I. PATNO, Plaintiff MARY SUSAN PATNO, Defendant Civil Action - Law Divorce . CERTIFIC1\:TE-OF"SEttVleE'" ,.. ," ' I hereby certify that on this 9th day of June, 2006, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Robert P. Kline, Esq. 714 Bridge Street P.O. Box 461 New Cumberland, P A 17070 E. Robett"ElicKel';'lI;"r>1'vOl'ce"Mtlster"""" ~',. Cumberland County 9 North Hanover Street Carlisle, P A 17013 ailin~ Attorney for Defendant P.O. Box 6315 ~. .,...z7.SUuth..J\rlene -Street~." Harrisburg, P A 17112-0315 (717) 540-8511 Supreme Court #39779 1- . , '- ' /'-..) :2:~ i) ':;;'T--' -1' --;1 ~\~~~ ,...-1 'i -1:,,.1 ~;) N :0 '- ,; .-n -~. C:? C.J 1'0 BRENT I. P ATNO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 04-2006 CIVIL TERM MARYSUSANPATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2004, An Amended Complaint was subsequently filed on March 17,2006, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of the fInal Decree of Divorce after service of notice of intention to request dntry of the decree, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORlWCT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT to THE PENALTIES OF 18 PA. C,S, SECTION 4904 RELATING TO UNSWORN F ALSrnICA nON TO AUTHORITIES, ~ 3/. ~c~ / B I.PATNO SSN: ..u L i Q ~ I .r :J .r ;; ~ BRENT 1. P A TNO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO ~QUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I cons~nt to the entry of a final decree of divorce without notice, , 2. I und~stand that I may lose rights concerning alimony, division of property, lawyer's fees or expe~ses if! 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 TIiIAT 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, D~ 31 ,;Jo~" , - i Q ~ I ~ BRENTLPATNO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 04-2006 CIVIL TERM MARYSUSANPATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2004, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of the fmal Decree of Divorce after service of notice of intention to request entry of the decree, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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, '1 hl/op Date ~~!~~ SSN: ....... II ~ S;' ~ j~ ..:: .z:- l!C,a ~, f~ :: - ; ~.r ' :;? ~ ~ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BRENT L PAlNO, v. : NO, 04-2006 CIVIL TERM MARYSUSANPAlNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 UNSWORN FALSIFICATION TO AUTHORITIES, 1/;;/ /00 Date' 1/ !nflq,J~ fMwr MARY SUSAN PATNO I ~ ,~ I .r :I ~ o BRENT I. PATNO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 2006 CIVIL MARY SUSAN PATNO, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 8tJ.- day of ~ 2006, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 31, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Edg~~~~ cc: ~bert Peter Kline Attorney for Plaintiff ~thy M. Shughart Attorney for Defendant 0 ~ ~ ..:r ., :::J~ - ~i - Oz 2 ~)4. ,:;:,~ '~;?- ~ C1:I ;>.2 I t!) ;:t!ro a .1.) a- s """ :5 ~ ~ 0 c-.l . .' BRENTLPATNO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE MARITAL SElTLEMENT AGREEMENT This Agreement, made and entered into this ~ I "t.. day of J ~ 2006, between MARY SUSAN P A TNO, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and BRENT I, PATNO, of Dauphin County, Pennsylvania, hereinafter referred to as "Husband", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on February 13, 1999; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including each party's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and , " WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses other than as set forth herein; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation, Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to Jive separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the , rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share sha1l descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower, And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 6. Division of Personal Property. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property . of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full pow~r to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as ifhe or she were unmarried, 7. Debts, The parties hereby agree and confirm that, to the best of their knowledge, they are not subject to any joint debts as of the date of this Agreement. The parties hereby further agree that they will be solely responsible for any and all outstanding debts in their own name and agree to hold the other party hannless for any liability as a result of any such debt. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other hannless from any and all liability thereof. 9. Real Property. The parties' prior residence at 501 Fifth Street, New Cumberland, Cumberland County, Pennsylvania, was sold on June 27, 2005, and the proceeds of said sale are presently held in escrow accounts held at Integrity Bank in New Cumberland, Pennsylvania Proceeds from the sale of said property shall be distributed as follows; (a) Husband shall receive one-half of the net balance of the escrow accounts less the sum of $1,500,00 for reimbursement to Wife of the parties' outstanding veterinary bill and less $660.19 representing reimbursement to Wife for one-half of the expenses of maintaining and preparing the residence for sale, (b) Wife shall receive one-half of the net balance of the escrow accounts plus the sum of $1,500,00 for reimbursement from Husband of the parties' outstanding veterinary bill and plus $660,19 representing reimbursement from Husband for one-half of the expenses of maintaining and preparing the residence for sale, 10. Waiver of Alimony and Support. In consideration of the mutual agreement of the . . parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimonyand/or spousal support. Upon execution of this Agreement, Wife shall withdraw, with prejudice, her spousal support claim presently pending in the Court of Common Pleas of Cumberland County at Docket No, 667-8-2004. 11. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 12. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U,S.C,~523(a)(5), ~523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) 8uch obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party, Both parties further acknowledge that the preceding terms and representations set forth their actual intent. , . 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Brent 1. Patno v, Mary Susan Patno, No, 04-2006 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a fmal decree in divorce by mutual consent on the grounds that their marriage is irretrievably hroken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 15. Breach. In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, 16. Enforcement. The parties agree that this Marital Settlement Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction, 17. Applicable Law and Execution, The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies, 18, The Entire Agreement, The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them, There are no other representations, warranties, promises, covenants or . . understandings between the parties other than those expressly set forth herein, 19. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Comt, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement. 20. Additional Instruments, Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. ~ milA it ~ Mil /v I1JttMr MARYS S PA . . COMMONWEALlli OF PENNSYLVANIA: : SS COUNTY OF &/l2~eU-/.HJ2J On the .3 1ft"" day of Ju if ,2006, before me, the undersigned officer, a Notary Public, personally appeared MARY SUSAN P A TNO, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~i~ /NOTARYPUBUC _d~J.M NWtAL. 'h. to tl NoIBria1 Seal :;barOn R. ~r, ~ 11<'11 CumboIIand Boro, CIm 'i\~ ('..omnrission Expires Apr. 15, 2JXI1 COMMONWEALTII OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND On the gjtar day of ..Ju'-'j ,2006, before me, the undersigned officer, a Notary Public, personally appeared BRENT 1. P A TNO, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal, ~:I~ ~OTARYPUBUC P N. Notoriel ScIII ShIrool R. I'oiIIet !'/OWY!'lIlIlic Qabodad aoro: CaaIlMdIIId NJ ,.,.".,-., ... Ap. U, 200'7 ,. BRENT 1. PAINO, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : NO, 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT day of J~ I 2006, between MARY SUSAN PATNO, of Cumberland County, Pennsylvania, hereinafter referred < I This Agreement, made and entered into this 51 ~ to as "Wife", and BRENT I. PATNO, of Dauphin County, Pennsylvania, hereinafter referred to as "Husband" , WHEREAS, the parties hereto are now Wife and Husband, haYing been lawfully married to each other on February 13,1999; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including each party's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses other than as set forth herein, Husband likewise wishes to relinquish all rus rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses other than as set forth herein; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other, 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with rum or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the .. rights of dower or curtesy, rights to inherit, rights to claim or talce the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to talce against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein, 6. Division of Personal Property, Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction, Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried, 7. Debts, The parties hereby agree and confirm that, to the best of their knowledge, they are not subject to any joint debts as of the date of this Agreement. The parties hereby further agree that they will be solely responsible for any and all outstanding debts in their own name and agree to hold the other party harmless for any liability as a result of any such debt. 8, Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Real Property, The parties' prior residence at 501 Fifth Street, New Cumberland, Cumberland County, Pennsylvania, was sold on June 27, 2005, and the proceeds of said sale are presently held in escrow accounts held at Integrity Bank in New Cumberland, Pennsylvania. Proceeds from the sale of said property shall be distributed as follows: (a) Husband shall receive one-half of the net balance of the escrow accounts less the sum of $1,500,00 for reimbursement to Wife of the parties' outstanding veterinary bill and less $660,19 representing reimbursement to Wife for one-half of the expenses of maintaining and preparing the residence for sale. (b) Wife shall receive one-half of the net balance of the escrow accounts plus the sum of $1,500,00 for reimbursement from Husband of the parties' outstanding veterinary bill and plus $660.19 representing reimbursement from Husband for one-half of the expenses of maintaining and preparing the residence for sale, 10. Waiver of Alimony and Support. In consideration of the mutual agreement of the .' parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony and/or spousal support, Upon execution of this Agreement, Wife shall withdraw, with prejudice, her spousal support claim presently pending in the Court of Common Pleas of Cumberland County at Docket No. 667-S-2004, 11. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party, 12. Bankruptcy, The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U.S,C.s523(a)(5), s523(a)(15), or otherwise, It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. ~ 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Cornnlon Pleas of Cumberland County to the caption Brent 1. Patno v, Mary Susan Patno, No. 04-2006 Civil Term, The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action, The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action, 15. Breach. In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party, In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. Enforcement. The parties agree that this Marital Settlement Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 17. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This document shall be executed as original and multiple copies, 18. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or , understandings between the parties other than those expressly set forth herein, 19. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference, The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement, 20. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attomey's fees, costs, and other expenses reasonably incurred as a result of such failure, IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above, WI S: ~ ~, Inallils t1 U<J1l A.- WtMr MARY S SAN PA ~ ~ , t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF 0.t/?t&oU/W L) On the 3;,arday of JUt..t SS , 2006, before me, the undersigned officer, a Notary Public, personally appeared MARY SUSAN PAmO, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. " ~/u Jll/1lVlUJ.\IWt.i\Litl ur PENNSYI.; AN - Notarial Seal . Sharon R. Feister, NotarY PttbllC ~:" Cumberland Boro,. Cumlle<land COlIII\y \'lv (:nmmlssion E~p1Tes Apr. 15. 2007 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND On the 3/;:;1" day of .Jut-if ,2006, before me, the undersigned officer, a I Notary Public, personally appeared BRENT 1. PAmO, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained, IN WImESS WHEREOF, I have hereunto set my hand and official seal. '//iU~JJI dL~' ftj'OTARYPUBLIC MMONWEALl'11 l' PENNSYLVANIA Notarial Seal Sharon R. Feister, Notary Public Cumberland Boro, Cumblrlond County My Commission Explrlll Apt, U, 2007 Q <;-, ~-- .....,-". ...... " ^~- r ,~ ....... '8 if' ?;.:: '(;-) - - r:~ " ), Q, -I-<J :!;,-- n'hi -or) -11, ~:-.!\~\ .,~ .--r, (~=~('''') -f...,I"\ ::0\ :--:;; ~ -0 ::(:'~ - .. '-" "" Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BRENT 1. PATNO, v. : NO. 04-2006 CIVIL TERM MARY SUSAN PATNO, Defendant : 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: Certified mail on May 8, 2004, 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: July 31, 2006; By Defendant: July 31, 2006, 4. Related claims pending: None. All related claims have been resolved pursuant to Separation Agreement and Property Settlement dated July 31, 2006, which shall be incorporated by reference, but which shal1 not merge with the Divorce Decree entered in this matter. 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) of the Divorce Code: Waiver of notice executed by Plaintiff on July 31,2006 and by Defendant on July 31, 2006, )~ A.~~.\-- 2.ccio Date Respectfully submitted, ~9~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff ~ 9 0' ~, ~~ ;~'~;)" 1i~- \.:f: t ~: ~:: ~, -< ~ '.- ,,-) - - q. ~....., f1"'\f': -08 :.-0 -L '::)\C) ';-i.~:; '()c.~ 0- fr"l S ~ -0 ::.r;; - v:> \.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. BRENT I. P A TNO , PLAINTIFF No. 04-2006 Civil Term VERSUS MARY SUSAN PATNO, DEFENDANT AND NOW, DECREE IN DIVORCE ~tb 2006 , IT IS ORDERED AND . . DECREED THAT BRENT I. PATNO , PLAINTIFF, AND MARY SUSAN PATNO , 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; Wo~ The Marital Settlement Agreement dated ~uly 31, 2006 is hereby . ATTEST: J, incorporated into, but shall not -# ~ 1~'U? ~ fr' 1< "17."....;; 'fJ' uft .-P f/" -?- ~ " . ......" ,~'"