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HomeMy WebLinkAbout09-3537Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 EmaiE Luthermi1snaw0milcnawlawfirm rnm R. SHORTER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. Oq - Q53'7 Ci v i l `f Berth DAVID A. SHORTER, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth i 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 agains you by the Court. A judgment may also be entered against you for any claim or relief reques ed in these papers by the Plaintiff. You may lose money or property or other rights import nt to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marria e, you may request marriage counseling. A list of marriage counselors is available in the Office f the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. F YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAW ERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRAN ED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N T HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO . THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIN A LAWYER. F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE O PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFE LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dent o de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radic ndo personalmente o por medio de un abogado una comparecencia escrita y radic ndo en la Corte por escrito sus defensas de, y objecciones a, las demandas prese tadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de di ero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el de andante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INM DIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGU ENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CER A DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES LE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE CIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A INAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 2 BRENDA R. SHORTER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. a q - 3537 C, DAV?D A. SHORTER, : CIVIL ACTION - LAW Defendant IN DIVORCE COUNT ONE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE l . Plaintiff is BRENDA R. SHORTER, who currently resides at 402 East Broad Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is DAVID A. SHORTER, who currently resides at 25 East Keller Street, Mechanicsburg, Cumberland County, PA 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on September 9, 2002, in Camp Hill, Cumberland County, Pennsylvania. There have been no prior actions of divorce or for annulment of marriage between the parties. The marriage is irretrievably broken. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 3 Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, BRENDA R. SHORTER, requests your Honorable Court to enter a Decree in Divorce divorcing said Plaintiff from Defendant. Attorney ID No. 130 State Street Harrisburg, PA 17108-0946 (717) 236-3141 Facsimile (717) 236-0791 Attorney for Plaintiff Dated: IMay 13, 2009 P.O. Box 946 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to falsification to authorities. /L9 , 2009 /,-, Arenda. Shorter FILE'Li <"it ^? F 11 ?: t u C_ $3 ` 1) T.. y 338.50 PD ATT/ CC* t438 we OU5 asq ? ILED-O EICL. ; f THE RO- HONO ; ; -, -l i BRENDA R. SHORTEI4?I I JUN 13 PM 12:)k THE COURT OF COMMON PLEAS r ,UMBE'.j Ci7MBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA: vs. Docket No. 09-3537 Civil Term DAVID A. SHORTER, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on August 1, 2008, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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 are made subject to the penalties of 18 Pa. C.S.A. §4909 relating to unsworn falsification to authorities. Brenda R. Shorter Date:_ AD , 2011 09- X53 7 r LO T U T 14?(fcTA MARITAL SETTLEMENT AGREEA 11# A-4 11: 17 '?UIIS ERLJ ? AGREEMENT MADE this day of ?1'(,!(; VU r ? 'r=sYLYANIA between BRENDA R. SHORTER ("Wife"), and DAVID A. SHORTER ("Husband"), both of Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, the parties hereto are Husband and Wife having been married on September 9, 2000, in Camp Hill, Cumberland County, Pennsylvania; WHEREAS, there is one child born of this marriage, namely; Madeline Shorter, born February 6, 2003. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to Civil Action No. 09-3537. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1) All right, title and interest in the property and lot situated at 25 East Keller Street, Mechanicsburg, PA, subject to the existing liens associated with that property; 2) All right, title and interest in any and all motor vehicles in Husband's name and/or possession, subject to all existing liens associated with 2 such vehicles; 3) All right, title and interest in any and all bank accounts owned in Husband's name or the name of any business entity in which Husband has any interest; 4) All right, title and interest in any and all tangible and intangible personal property in Husband's possession or control, subject to all existing liens associated with that property, excepting only those items belonging to Wife which remain in the marital residence, which shall become the sole and exclusive property of Wife. Wife shall make the necessary arrangements to retrieve those items from the marital residence within thirty (30) days hereof. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1) All right, title and interest in any and all motor vehicle titled in Wife's name and/or possession, subject to all existing liens associated with that vehicle; 2) All right, title and interest in any and all tangible and intangible personal property in Wife's possession or control, subject to all existing liens associated with that property. 3) All right, title and interest in any and all tangible personal property which remains at the marital residence. Wife shall make the necessary arrangements to retrieve those items from the marital residence within thirty (30) days hereof. 3 3. 25 East Keller Street. The parties acknowledge that they are the owners of the property and lot situate at 25 East Keller Street, Mechanicsburg, PA (hereinafter "25 East Keller Street"). Husband shall become the sole and exclusive owner of 25 East Keller Street and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to 25 East Keller Street. Wife and Husband shall, upon the date of this agreement, execute a deed transferring all of her right, title and interest in 25East Keller Street to Husband. The deed will be recorded immediately thereafter. Wife agrees that any and all title policies and any other policies of insurance with respect to 25 East Keller Street shall be endorsed to reflect Husband as the sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under such insurance policies. Husband shall be solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to 25 East Keller Street, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in 25 East Keller Street. If Husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband all reasonable costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. 4. Marital Debt. Husband shall be responsible for all marital debt as listed on the schedules to Husband's bankruptcy petition filed April 23, 2009. The Husband warrants that said schedules set forth a list of all such marital debt. Wife warrants that she has no knowledge 4 of any other marital debt. However, if additional but unlisted marital debt exists, Husband shall be responsible for it as well. Husband and Wife represent and warrant to each other that all joint debts and obligations have been disclosed to each other. Each agrees to pay whatever outstanding debts and obligations each has occurred in their individual names after June 19, 2007. 5. Taxes. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, arising from a joint return, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 6. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 8. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 9. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right 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 intention of the parties to treat all transfers herein as non-taxable. 10. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 11. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 12. Debts and Liabilities. Except as otherwise specified herein, Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. All debts, contracts, obligations or liabilities incurred at any time by either party for which the other could be liable, will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement. Both parties 6 represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 13. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 14. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife each hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 15. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 16. Child Custody. The parties are parents of one child, Madeline R. Shorter, born February 6, 2003, and are parties to a Custody Order dated September 17, 2007 in a Cumberland County Custody Proceeding captioned to number 07-4701, which is not consistent with the 7 current custodial situation. The parties agree that effective the date of execution of this Agreement, Wife shall have primary legal and physical custody of the child subject to periods of temporary custody of the child with the Husband on such schedule as the parties shall agree from time to time. 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 18. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, reasonable counsel fees and other reasonable costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. Both Husband and Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's 9 attorney in any action or proceeding to compel performance hereunder. 22. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 23. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 24. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Non-Mercer. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness: ?n 17 ?A-L? 4 a Br nda R. Shorter David A. S er 10 COMMONWEALTH OF PENNSYLVANIA ss i.? Yv??' ? C?hCI COUNTY OF Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, BRENDA R. SHORTER, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this day of FQ ?rua v 1 2012. COMMONWEALTH OF PENNSYLVANIA L NOW Set Notary Pub i Beverly K. Morgan, Notary PW* Upper Allen Twp., Cumbedeod County oommkol n E)q*ue July?. 2013 My Commission Expires: Lt f 3 Member, Pennsylvania Assooladon or Noterles COMMONWEALTH OF PENNSYLVANIA COUNTY OF C (Am b?-y ? a- r,,8 : ss Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, DAVID A. SHORTER, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this COMMONWEALTH OF PENNSYLVANIA Nahum seal U o ey TMorgan , Notary PubNo wp.. Curnbedeod county My ? Fames 7, 2013 Member, Pennsylnrm Asmiatlon of Notaries day of F. krkA o?r4_, 2012. Notary Pu My Commission Expires: ) a ? -1 ;Do \3 11 BRENDA R. SHORTER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANA {.^ vs. Docket No. 09-3537 Civil Term mm ? ; DAVID A. SHORTER, CIVIL ACTION - LAW ?ro Defendant IN DIVORCE X. -, AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed off CIO May 28, 2009. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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 he sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. cJ Date: 2012 61-1t Brenda R. Shorter BRENDA R. SHORTER, : IN THE COURT OF COMMON PLEASE ` Plaintiff :CUMBERLAND COUNTY, PENNSYLY IAA -? ,,m rn VS. Docket No. 09-3537 Civil Term -::o `a -0, DAVID A. SHORTER, CIVIL ACTION - LAWC = Defendant IN DIVORCE =C) C) Y C AFFIDAVIT OF CONSENT CO ' -< 1. A Complaint in d ivorce under Section 3301(c) of the Divorce Code was filed on May 28, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: , 2012 David A. Shorter Brenda R. Shorter F ? D - 0: ' ROTHONOTAR-? i IN THE COURT OF COMMON PLEAS 42312 FEB 4 AM 11: 19 CUMBERLAND COUNTY, PENNSYLVANIA flU RLAND COUNTY PENNSYLVANIA CIVIL DIVISION David A. Shorter NO. 09-3537 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)). 2. Date and manner of service of the complaint: See Affidavit of Attorney filed August 5, 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 February 8, 2012 ; by defendant February 8, 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: N/A 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: February 14, 2012 Date defendant's Waiver of Notice was filed with the Prothonotary: February 14. 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brenda R. Shorter V. David A. Shorter NO. 09-3537 DIVORCE DECREE AND NOW, Ft-b. IM a V-5f 4M ' Q% ., it is ordered and decreed that Brenda R. Shorter plaintiff, and David A. Shorter bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, Attest: J. Prot onotary a'g-7 -17 . eels copy ,(lp ?jce ?copY ajC?ol ?a