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HomeMy WebLinkAbout09-2013CATHERINE M. FINKENBINDER, Plaintiff VS. BARRY L. FINKENBINDER, Defendant : IN THE COURT OF'COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. OQ - 61013 0,1v1( (arm 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 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, 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 CUMBERLAND COUNTY COURTHOUSE,1 COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 0 CATHERINE M. FINIKENBINDER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 0 9- aol3'' ?„ BARRY L. FINKENBINDER, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT 1. Cumberland County, Pennsylvania, 17015. 2. Defendant is Barry L. Finkenbinder, who current resides at 6 Watson Drive, Carlisle Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth Of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 7, 1994 in Plainfield, Pennsylvania. 5. There are no children to the marriage. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. Plaintiff is Catherine M. Finkenbinder, who currently resides at 6 Watson Drive, Carlisle, .0 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order marriage between Plaintiff and Defendant. dissolving the Respectfully submitted, COLGAN MARZZACCO LLC By: --L ?. Timothy J. Colgan, Esquire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated.* Fax: (717) 502-5050 L CATHERINE M. FINKENBINDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. BARRY L. FINKENBINDER, , • CIVIL ACTION -LAW Defendant • IN DIVORCE VERIFICATION I, Catherine M. Finkenbinder, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date: CATHERINE M. FINKENBINDER Plaintiff a CLO? I?Iii 3 I tits 114 va vow $338.50 Po A7-4 ?,? 009 ?` ?3oa5 CATHERINE M. FINKENBINDER, Plaintiff VS. BARRY L. FINKENBINI)ER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2013 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Marcus A. McKnight, III, Esquire, Attorney for the Defendant, accept service of the Divorce Complaint filed on March 312009. I certify that I am authorized to accept service on behalf of said, Defendant, Barry L. Finkenbinder. Date: AJ 16j 2 e Marc A. McKni t III, Esquire Atto y I.D. No. 60 West Pomfret Street Carlisle, PA 17013-3222 (717) 249-2353 Al EQ-ICI?FICE OF THE RK)TW 1NOTARY 2009 APR 14 PH 2: 4 5 CUM 'JUNTY CATHERINE M. FINKENBINDER, Plaintiff VS. BARRY L. FINKENBINDER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2013 Civil Term : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter intends to resume and hereafter use the previous name of Catherine M. Eberly and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. Section 704(a) as amended which permits a party in a divorce action at any time prior to or subsequent to the entry of the divorce decree to resume any prior surname used by that person. Date: q1 Catherine M. Finkenbinder TO BE KNOWN AS: " OD )93 at?d Catherine M. Eberly COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF On this, the r)l day f 1 , 2009, before me, the undersigned officer, personally appeared Catherine oM. inl enbinder, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MY COMMISSION EXPIRES: &V?a AL ) N COMMONWEALTH OF PENNSY VANIA NohrW SeN Jeendh L. Roberts, Notary Pubk 0111"p 8oro. YO* County C0Mn11WM . 22, 2010 MMnbw. PWW4YWWft AModMlon of Nofarhe OF THE pp,,IC}'HfDN`)7,ARY 2009 APR 27 P11 3.Ou' pl, *tl. oo Po Je+,e L.s Iagacts IJ?Irc?. I?.Ic?.l.c?l CATHERINE M. FINKENBINDER, Plaintiff V. BARRY L. FINKENBINDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2013 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 31, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: JUNE 30, 2009 CATHERINE M. FINKENBINDER Plaintiff OF THE "i 2009 JUL - i P; r 2: 3 CATHERINE M. FINKENBINDER, Plaintiff V. BARRY L. FINKENBINDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2013 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F? Date: June 30, 2009 CATHERINE M. FINKENBINDER Plaintiff /? FILED-C)" T v W WY OF ;Cif I? ?''±n?if- fV'gyp I 2009 JUL - I PH 2. 3 9 ITV CUM CATHERINE M. FINKENBINDER, Plaintiff V. BARRY L. FINKENBINDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2013 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 30, 2009 EUAMY LL"' C& BARRY NKENBINDER Defendan ,;°i'ilft_ OF INr PKT'?" 2009 V Vtr - I PM 2: µ? lA. CATHERINE M. FINKENBINDER, Plaintiff V. BARRY L. FINKENBINDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2013 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. j? . Date: June 30, 2009 ?J BARRY . FINKENBINDER Defendant i tr;' F LE D- OF THE F? i s 1 }!0T;ARY 1009 JULL -I P 2: 38 CUW-,Io MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ISM' day of April, 2009 by and between CATHERINE M. FINKENBINDER, (hereinafter referred to as "WIFE") and BARRY L. FINKENBINDER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 7, 1994, in Cumberland County, Pennsylvania. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. has the right to be represent by legal counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after having the opportunity to seek the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The parties own real estate situate in West Pennsboro Township, Cumberland County, as 6 Watson Drive, Carlisle, Pennsylvania 17015. WIFE agrees to sign a deed which transfers all right, title, and interest in said real estate to HUSBAND. HUSBAND agrees to pay WIFE the sum of Sixty-Two Thousand Five Hundred and no/100 ($62,500.00) Dollars with settlement distribution made by Friday, May 15, 2009. WIFE will have until May 17, 2009, to leave the marital residence. HUSBAND waives any right he may have in any purchase of real estate by WIFE. 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree to waive all spousal support and/or alimony from the other party. 3 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any life insurance policy; and d. His employee benefits and/or any other retirement benefits. WIFE shall receive the following items: a. The personal property in her possession; b. Her bank accounts; c. Any life insurance policy; d. Her employee benefits and/or any other retirement benefits. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each parry agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 4 , 11. AUTOMOBILES AND EQUIPMENT: a. HUSBAND agrees to waive any and all interest which he may have in any automobiles purchased by WIFE. b. WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND or any equipment including the 2008 Ford-New Holland tractor. They each waive any claim which they have in any automobile owned by the other party. 12. INSURANCE, EMPLOYEE BENEFITS, AND HEALTH INSURANCE: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 5 15. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 6 21. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties hereby declare the Powers of Attorney naming each other as Power of Attorney are null and void as of the date of signing of this Agreement. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: le-,z "4.., ?-' (SEAL) CATHERINE M. FINKENBINDER jUvkkIA4,?VA (SEAL) BARB . FINKENBINDER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this / day of 2009, a 01 Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, CATHERINE M. FINKENBINDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA 1. Notarial Seal Marthe c Hoe+ Notary Public CariisM Borc ^umberland County Commissior Expires Se . 18 2011 Mt" . ""'. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this day of '47;/----, 2009, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, BARRY L. FINKENBINDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA CAL l ? Notarial Seal Martha t Noel, Notary Public Garfish Boro, Cumberland County My ComrMasion Expires Sept. 18, 2011 MpflfW, P_Rff @Ai# R99eeietfen of Notaries 8 ,?-, l&I o1h a ®-' b6mvivol Jzdy CATHERINE M. FINKENBINDER, Plaintiff V. BARRY L. FINKENBINDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2013 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 31, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: JUNE 30, 2009 BARRY FINKENBINDER Defendant 1r5h.....1, T t' " i THE 2009 JUL -- l PH 2: 318 ,k ru CATHERINE M. FINKENBINDER, PLAINTIFF VS. BARRY L. FINKENBINDER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL DIVISION NO. 2009 - 2013 CIVIL TERM 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 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint: Hand delivery to defendant's counsel, Marcus A. McKnight, III, Esq., on or about March 31, 2009. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff June 30, 2009 ; by defendant June 30. 2009 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None . 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: June 30, 2009 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: June 30, 2009 Date: June 30, 2009 Atto y'or Defendant MARCII A McKNIGHT III ESQ I 6 McIQiIGHT PC 60 WEST PONMT STREET CARLISLE PA 17013 FILED-0)? 10- OF THE Pz 2009 JUL - ! P.' ti 2: 4 0 cu ?,.1. CATHERINE M. FINKENBINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARRY L. FINKENBINDER NO. 2009 - 2013 CIVIL TERM DIVORCE DECREE AND NOW, ?T IJ L*1 Y" *1009 , it is ordered and decreed that CATHERINE M. FINKENBINDER plaintiff, and BARRY L. FINKENBINDER defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement dated April 13, 2009, and signed by the parties is hereby incorporated into this Divorce Decree but not merged. By the Court, 1%? -? ?-?lJ' Attest: honotary "fo 7- /0