Loading...
HomeMy WebLinkAbout04-2083Jennifer L. Frechette, Esquire WILEY, LENOX, COLCAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 - phone (717) 432-0426 - fax SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04- -20 f;3 Civil Term CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SHARON L. MULLEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CHAD MULLEN, Defendant. No. 04- Civil Term CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT UNDER §3301 OF THE DIVORCE CODE Plaintiff is Sharon Lynn Mullen, who currently resides at 7073 Carlisle Pike, Lot 152, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Chad Mullen, who currently resides at 7073 Carlisle Pike, Lot 152, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. The parties were married on October 19, 2002, in Dillsburg, York County, Pennsylvania. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there is one child of the parties under the age of eighteen: Name: Syntara Lynn Mullen Date of Birth: May 6, 1998 COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. The parties are the parents of the following unemancipated child who resides with Plaintiff and Defendant: NAM AGE SEX DATE OF BIRTH Syntara Lynn Mullen 5 F May 6, 1998 17. During the past five years, the child has resided with the parties and at the addresses herein indicated. FROM TO WITH WHOM ADDRESSES April 1, 1998 April 1999 Sharon L. Mullen Clemen's Street Chad Mullen Apartment 26 Dillsburg, PA 17019 April 1999 October 2001 Sharon L. Mullen 2 South 2nd Street Dillsburg, PA 17019 October 2001 Present Sharon L. Mullen 7073 Carlisle Pike Chad Mullen Lot 152 Carlisle, PA 17013 18. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 19. There are no other proceedings pending involving custody of the child in this or any other state. 20. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 21. The best interests of the child will be served if shared legal and primary physical custody of her is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the child in Plaintiff. Respectfully submitted: WILEY, LENOX, COLGAN & MARZZACCO, P.C. BY: i Jenn fer L. Frechette, Esquire 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 ID #87445 /J {) ATTORNEY FOR PLAINTIFF ce" Date: L/` VERIFICATION I, Sharon L. Mullen, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Date: -'?$-o? --?t>`^--- Sharon L. Mullen, Plaintiff ?o 0 ow r oca ? oc F f1 t? a SHARON L. MULLEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2083 CIVIL ACTION LAW CHAD MULLEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 11, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may, also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Hubert X. Gilroy, Esq. mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE, OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 le ?e 'p jqw-f SHARON L. MULLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CHAD MULLEN, No. 04-2083 Civil Term CIVIL ACTION - LAW Defendant I IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, hereby accept service of the Complaint Under Section 3301 of the Divorce Code on behalf of my client, Chad Mullen, which was filed on may 10, 2004, to the above referenced term and number, and verify that I am authorized to do so. Dated: 'Z? 0 ohn Cor lly, Jr., Esqui O YtR DE A U L. TI l'•lr C_ 1- ?l JUL 0 2 2004 SHARON L. MULLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V :NO. 2004-2083 CIVIL TERM CHAD MULLEN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this b ` day of , 2004, upon consideration of the attached Custody Concilia ion eport, it is ordered and directed as follows: 1. The Mother, Sharon L. Mullen and the Father, Chad Mullen, shall have shared legal custody of Syntarra Lynn Mullen, born May 6, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent„ to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parents shall have shared physical custody as follows: A. During the summer, Mother shall have physical custody of the Child every Monday and Tuesday overnight; Father shall have physical custody every Wednesday and Thursday overnight. The parties shall alternate weekends, Friday to Monday morning. Father's alternating weekend shall begin July 16, 2004. B. During the school year, the parties shall share physical custody on a week on/week off basis. The exchange day shall be Monday. The parent who did not have the prior weekend shall have custody the first week of the week on/week off schedule. During the week on/week off schedule, the non-custodial parent shall have overnight physical custody every Wednesday. 3. Holidays: The parties shall alternate the following holidays: July Labor Day, Thanksgiving, Easter and Memorial Day. When these holidays fall on a weekend, the party shall have physical custody the entire weekend, from Friday to the morning after the holiday. When July 4 h falls on other than a weekend, the custodial parent shall have physical custody the evening before the holiday to the morning after the holiday. For Thanksgiving, the custodial parent shall have physical custody from the Wednesday before Thanksgiving to Monday morning. However, if due to the holiday schedule, a parent has two consecutive weekends, the other parent shall have the two succeeding weekends in order to resume the alternating weekend schedule. V(NNXIR,31"iV }d AIMICC ZC :Zf Wd 9- lw uaz A+bV.lONUNiWd 3Hl 90 M'01110-0310 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from 12:00 noon on Christmas Day to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Each parent shall be entitled to two non-consecutive weeks in the summer which shall include the parties' weekend, provided they give the other party 14 days prior notice. 6. Mother shall have custody of the Child on Mother's Day from 2:00 p.m. on Saturday to Monday morning. Father shall have custody of the Child on Father's Day from Saturday at 2:00 p.m. to Monday morning. 7. Neither party shall have overnight guests while the Child is in their custody. 8. Both parties are entitled to daily telephone contact with the Child. 9. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Jennifer L. Spears, Esquire, for Mother John J. Connelly, Jr., Esquire, for Father ._ _..•_ mom,( 7-0? aY SHARON L. MULLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2004-2083 CIVIL TERM CHAD MULLEN, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Syntarra Lynn Mullen May 6, 1998 shared 2. A Conciliation Conference was held in this :matter on July 1, 2004. The Mother, Sharon L. Mullen, appeared with her counsel Jennifer L. Spears, Esquire. The Father, Chad Mullen, appeared with his counsel, John J. Connelly, Esquire. 3. The parties agreed to the entry of the Order as attached. Date cq line M. Verney, Esquire Custody Conciliator ?tI112671loanstlpl ?tFI?ES?a104 ?? ?? Creat`a 9?,I5roe M1 ?? RcvSS?' V LLEN, 5HON L Plaintiff V. UL,LEN, CIH Trivorce : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2083 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY JO_ IN___T STIpzILATIf'N REGARDING LIABILITY ON JOINT AUTOMOBILE LOAN THIS STIPULA''ION, made this day of} }VQ , 2004, by and between Chad Mullen (hereinafter referred to as "Husband") and Sharon L. Mullen (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties were married on October 19, 2002, in Dillsburg, Pennsylvania and a Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 10, 2004; and WHEREAS, the parties wish to settle the matter of an automobile loan which is in both their names and the parties agree that the 2000 Ford F-150 which is the subject of the loan will remain the sole property of Husband; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Wife by her counsel, Jennifer L. Spears, Esquire, and Husband by his counsel, John J. Connelly, Jr., Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise, and agree as follows: 1. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands, suits, actions or liabilities relating to or arising out of any debt in that party's name. In particular, Husband shall indemnify Wife and hold her harmless from and against any claims, demands, suits, actions or liabilities relating to or arising out of the automobile loan he has wits Arcadia Financial. Wife waives any interest she may have in the vehicle and will cooperate it signing the title over to Husband. 2. This Stipulation shall be construed under the laws of the Commonwealth Pennsylvania. 3. This Stipulation shall be binding and shall inure to the benefit of the parties her and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSES: Witness Witness h T _ ` -.l ?? -?? 5..?' , ?-- { _. -°- "t 7 ?? P " t:. i 1 ? DEC 2 you SHARON L. MULLEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2083 CIVIL ACTION - LAW CHAD MULLEN, Defendant IN DIVORCE ORDER AND NOW, this 4A day of December, 2004, upon consideration of the Petition to Vacate the Divorce Decree, it is hereby Ordered that the Decree in Divorce dated December 22, 2004, is hereby vacated and the parties are still married. y , J. L/-T? ) -?)) 3 P, LIU ?) ) I? 7 ) V iatll`?,^,SN= ire S Z: h Rd 6 Z 030 WOZ ?U'dWNOH,t dd 3H.! 30 KHIJ 211 F.\FILES\DATAFILE\General\Current\I 1267.1 vacate pet Created 9/20/04 0-06PM Revised' 12/29/04 3:17PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2083 CIVIL ACTION - LAW IN DIVORCE PETITION TO VACATE DIVORCE DECREE AND NOW, comes Plaintiff, Sharon L. Mullen, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Petition as follows: 1. Plaintiff and Defendant, Wife and Husband in the instant matter, signed Affidavits of Consent and Waivers ofNotice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code on November 28, 2004. 2. On December 3, 2004, before the Praecipe to Transmit Record and related documents were filed requesting that the divorce be finalized, Plaintiff attempted to contact the undersigned by email to request that the divorce not be finalized because the parties were attempting reconciliation. 3. The undersigned did not receive Plaintiff's email unbeknownst to Plaintiff. 4. On or about December 21, 2004, the undersigned submitted a Praecipe to Transmit the Record and other necessary forms to finalize the divorce. 5. On December 22, 2004, the Honorable Edward E. Guido signed the Decree in Divorce, a copy of which is attached as Exhibit "A," granting the parties' divorce. 6. Upon receipt of the Decree in Divorce, Plaintiff contacted the undersigned requesting that the Decree be vacated, believing that her communication on December 3rd requesting that the divorce not be finalized was received. 7. Both Plaintiff and Defendant wish that the Decree be vacated because they have reconciled. 8. The parties have signed a Joint Stipulation to Vacate the Divorce Decree, to be incorporated herein, attached as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court to vacate the Decree in Divorce of December 22, 2004, as set forth in the Joint Stipulation to Vacate Divorce Decree, because of a mis4communication between Plaintiff and the undersigned that the parties have reconciled. MARTSON DEARDORFF WILLIAMS & OTTO By (?OaA,-o Jenm er . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 29, 2004 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. N o. 04-2083 VERSUS CHAD MULLEN DECREE IN DIVORCE 07:39 AM AND Now, December 22 2004 IT IS ORDERED AND 1 -1 DECREED THAT SHARON L. MULLEN , PLAINTIFF, AND CHAD MULLEN _ 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; The Joint Stipulation Regarding Liability on Joint Automobile Loan dated as of November 28, 2004, is incorporated by reference, but not merged into this Decree. • BY THE COURT: Edward E. Guido ATTEST: Certified Copy Issued: Ge EXHIBIT "A" J. ber 22P2064 O T H EXHIBIT F'\FILES\DATAFILE\General\Cument\112671 vacate stip Created: 9/20/04 0:06PM Revised 12/29/04 3 42PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2083 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY JOINT STIPULATION TO VACATE DIVORCE DECREE AND NOW, this 29"' day of December, 2004, it is hereby agreed and stipulated between Sharon L. Mullen ("Wife") and Chad Mullen ("Husband"), as follows: 1. Husband and Wife signed Affidavits of Consent and Waivers of Notice on November 28, 2004, in the above-captioned divorce matter. 2. Husband and Wife were divorced on December 22, 2004. 3. Wife attempted to stop the divorce from being finalized because the parties were reconciling on December 3, 2004, in an email to her counsel, Jennifer L. Spears, Esquire, which was not delivered to the correct email address. 4. Husband and Wife now request that the Decree in Divorce issued on December 22, 2004, be vacated. 5. The above Stipulation has been read by all parties and all parties are in agreement hereof. 6. Husband is aware of his right to have legal representation and has decided to proceed without a lawyer. 7. No representations have been made ?Aoqd tho%oe th in this Stipulation. Sharon Mullen, Wife M en, Husband I n EXHIBIT Jenni r L. Spears, Esquire CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Vacate was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 MARTSON DEAP:DORFF WILLIAMS & OTTO Y ri is D. Eckennroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 29, 2004 n ^' a O ?. ? ? te - _ ? rz r ,.. r G ? ?; _: ,: ..: VD C? ` ? .c- ? ? --??. ? .t' I F \FILES\DATAFILIP.\GeoCmFClli.nnl\I 126>. 1 Will C.,,ttd. 9114104 10:07AM R-v ,,d 1Iti104 3 47PM SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Divorce IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2083 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY JOINT STIPULATION REGARDING LIABILITY ON JOINT AUTOMOBILE LOAN THIS STIPULATION, made this c? day NL'?(?n Y _ a of ?=' , 2004, b nd batwee,d Chad Mullen (hereinafter referred to as "Husband") and Sharon L. Mullen (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties were married on October 19, 2002, in Dillsburg, Pennsylvania and a Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 10, 2004; and WHEREAS, the parties wish to settle the matter of an automobile loan which is in both their names and the parties agree that the 2000 Ford F-150 which is the subject of the loan will remain the sole property of Husband; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Wife by her counsel, Jennifer L. Spears, Esquire, and Husband by his counsel, John J. Connelly, Jr., Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise, and agree as follows: 1. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands, suits, actions or liabilities relating to or arising out of any debt in that party's name. In particular, Husband shall indemnify Wife and hold her harmless from and against any claims, demands, suits, actions or liabilities relating to or arising out of the automobile loan he has with Arcadia Financial. Wife waives any interest she may have in the vehicle and will cooperate in signing the title over to Husband. 2. This Stipulation shall be construed under the laws of the Commonwealth of Pennsylvania. 3. This Stipulation shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSES: Witness Witness SHARON L. MULLEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2083 CIVIL ACTION - LAW CHAD MULLEN, Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: R br-da( 11--? Sharon L. Mullen, Plaintiff SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-2083 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) 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 I8 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: l 416, Sharon L. Mullen, Plaintiff SHARON L. MULLEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHAD MULLEN, V. : NO. 04-2083 CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false 904 relating to unswom statements herein are made subject to the penalties 18 Pa. .SZ-1 falsification to anthorities. ., Defendant F'AF1LESVDATAFILE'GeneralACunentA1126]-Lconsents Crested 9/14/04 10'.09AM Revised. 11/5104 3.50PM SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2083 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, 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 statements herein are made subject to the falsification to authorities. Date: f/ true and correct. I understand that false Pa. C.S. X304 relating to unswom Defendant i iILLS VUALA FILL (W11-11 ( kJ nom I L'071 V??'ipc CrcmuJ 1110/04000PNI Itv uJ 1121/04 S41A01 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2083 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via Acceptance of Service by attorney for Defendant, John J. Connelly, Jr., Esquire, on May 10, 2004. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; November 28, 2004; by the Defendant; November 28, 2004. 4. Related claims pending: No claims were raised; however all claims were resolved by a Joint Stipulation Regarding Liability on Joint Automobile Loan which was filed on December 17, 2004. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 14, 2004. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 14, 2004. MARTSON DEARDORFF WILLIAMS & OTTO By Jennifer Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 21, 2004 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHARON L. MULLEN No. 04-2083 VERSUS MULLEN DECREE IN DIVORCE AND NOW, 4?> o,4- 7.437A.M . 04, IT IS ORDERED AND DECREED THAT SHARON L. MULLEN , PLAINTIFF, AND CHAD MULLEN 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; The Joint Stipulation Regarding Liability on Joint Automobile Loan dated . 2004, is incorporated Decree. BY but not merged into this ATTEST: J. r PROTHONOTARY " 4 h iJ- C C L Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHARON L. MULLEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 04-2083 Civil Term CHAD MULLEN, : CIVIL ACTION - LAW Defendant. : IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Jennifer L. Spears, Esquire on behalf of Sharon Mullen in the above-captioned matter. Je f Spears, Esquire c"a t`-J ?Z1 IN IN` ?i. r •'C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. Oq - 4083 IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of S ? ; ?e- 1 , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 61 /7 - D&- Signature COMMONWEALTH OF PENNSYLVANIA Notarial Seal Edward J. Blust, Notar?rrlyyaaPublic ty 200$ Ojdly?commission E pi es Dec. 9, Cou Member, Pennsylvania Association of Notaries Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the )-?4" day of 16-Kt , 2005, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary Public N J 1 b°1 G `%' O D L SHARON L. MULLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2083 N CHAD MULLEN, : CIVIL ACTION - LAW c? Defendant : IN DIVORCE/CUSTODY M ? AFFIDAVIT OF CONSENTrt CD 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 10, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the.filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 above 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 unworn falsification to authorities. Date: :j - 9 _ 2616 Sharon L. Mullen, Plaintiff SHARON L. MULLEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2083 CHAD MULLEN, : CIVIL ACTION - LAW N 4 -fin Defendant : IN DIVORCE/CUSTODY ? 1-0 AFFIDAVIT OF CONSENT C) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 10, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 above 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 unworn falsification to authorities. Date: 5 *11t) I C= SHARON L. MULLEN, Plaintiff V. CHAD MULLEN, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.04-2083 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD 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 (x) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon counsel for Defendant, John J. Connelly, Jr., Esquire, as evidenced by the Acceptance of Service dated May 12, 2004 and filed with the Court on May 19, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: March 8, 2010; by Defendant: March 8, 2010. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. I ?. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff. March 8, 2010; by Defendant: March 8, 2010. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Plaintiff s and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 43 /1?1?1910 By. idlik Courtney Kishel P ell Attorney I.D. I 9 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant SHARON L. MULLEN V. CHAD MULLEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2083 DIVORCE DECREE AND NOW, it is ordered and decreed that SHARON L. MULLEN , plaintiff, and CHAD MULLEN 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 rt, cleA-A-. co?? Mai V-e? i,° e.F