Loading...
HomeMy WebLinkAbout04-2205 DONALD 1. FARLLING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. OL/-;)aOS" : IN DIVORCE CIVIL TERM DIANA D. F ARLLING, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DONALD L. F ARLLING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. ott-,;JaO)' : IN DIVORCE CIVIL TERM DIANA D. FARLLING, Defendant COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Donald L. Farlling, an adult individual currently residing at 699 Bloserville Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Diana D. Farlling, an adult individual currently residing at 15523 Natural Well Road, Williamsport, Washington County, Maryland. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 6, 1998, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant is a member of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date ofthe filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, 1vt~~-TYl~,D Maryl~Matas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: S:./q- oq J0~~1 DONALDL.F~~ } ~ (:) "* -- ~ -:K-" --D 1\:- D - 1./\ G' ~ Q ---cJ ~ P ~ "3 " ,- -r :> if o .....) ( C) " ---.I ~.. ' ,.....-, -..: DONALD L. FARLLING, Plaintiff V. DIANA D. F ARLLING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 04-2205 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Kendall Ann Desaulniers, Esquire, acknowledge that on May ....J..L, 2004, I received a true and attested copy of a Complaint in Divorce that was filed in the above captioned action and further acknowledge that I am authorized to do so on behalf of my client, Diana D. Farlling. Date: 5'/'<1 /~IJ/Jf I I Sworn and subscrib::l,to before me this ~4'- day of ~~a ,2004 " 'LA j . ~~LI..k NOTARY PUBLIC I ~~fY\. €)cp: loll Dc,. ~ __~~l~ t:L,,-- K dall Ann Desaulniers, Esq Hub Plaza 1101 Opal Court Hagerstown, MD 21740 ;J """11.....',',, .... Sf>.. A. C\ "'" .' ","' u~" ,'.()..~ ..........'~ '...", $/,""j..... ...-'A.~ .: iV..- -..- V':.'f- .. .." . ... .... . .. g i NOTARY \ ~ ~ \ PUBLIC j g ':oL.~ :r-.: ;~... ..-.<t;:::',: "'..d _. ._ ~_... ~ T.O _. ._ .:- ""v~ .......... 0.'....... "'" IVGTO~ C. ",., I""........",,' -- '" = = -"""' <- s o ., ::r"T' rn-;:;;c fn ~o 06 --J..,; tj:!J -"_,0 r-")m ~ I N -a ::i,^;: c- DONALD 1. F ARLLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIANA D. FARLLING, Defendant : NO. 04-2205 : IN DIVORCE CIVIL TERM PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: I . Your Petitioner is counsel of record in the above-captioned action for Plaintiff, Donald 1. Farlling. 2. Your Respondent is Donald 1. FarlIing, an adult individual currently residing at 699 Bloserville Road, Newville, Cumberland County, Pennsylvania. 3. The above-named Defendant, Diana D. FarlIing, is represented by Kendall Ann Desaulniers, Esquire, whose mailing address is Hub Plaza, I 101 Opal Court, Hagerstown, MD 21740. 4. Respondent has advised Petitioner by correspondence dated August 4, 2004, that Petitioner's services will no longer be required to assist him with regard to his divorce, custody and support matters. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit "A." 5. Respondent has requested that Petitioner return his retainer and forward his file to him. 6. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his demand for his original documents to be turned over to him and his failure to maintain the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Donald L. Farlling, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matt,:r. Respectfully submitted, 7Yl~ s, Esquire GRIFFIE & - SSOCIA TES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: Yl/ /7 I(A f / 'Jv~OA- .lilJzv MAR 0 MATAS, ESQUIRE Marylou Matas, 08-04-04 Thank you for your time and attention to my matters. However, I have decided that your services will no longer be required. Please forward my files to myself. Please return the credit balance on my account to me upon your receipt of this letter. Very Truly Yours, -. -------------------.-----...-----.------.------------ ,.--~--- - -- -------------------------- EXHIBIT IJ- '"',' ':,~:> C) S:;= -1"1 ......, -,~) '" C') r.".! <r DONALD L. F ARLLING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2205 CIVIL TERM v. DIANA D. F ARLLING Defendant IN DIVORCE RESPONSE TO ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, comes the Defendant, Diana D. Farlling, by and through her attorneys Kendall A. Desaulniers, Esq. and the Law Office of James K. Reed, P.A., and represents unto this Honorable Court that she does not oppose the withdrawal of Marylou Matas, Esquire, from the above-captioned case. Respectfully submitted, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Response to Order of Court and Rule to Show Cause was mailed this 16th day of September, 2004, first class postage prepaid, to Marylou Matas, Esq., at Griffie and Associates, 200 North Hanover S Carlisle, P A, 17013 and Donald L. Farlling at 699 Bloserville Road, Newville, P 17241. , .- C' -: "" c:.:."l = .<- (1) ;',1 -G j".) CJ C) -'n :;:! rlil .. :o.r:r: ';1~) -". ~. ) f'To :':-; ~, LC, ..;::- -,,:; ..,,~' DONALD L. FARLLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIANA D. FARLLING, Defendant : NO. 04-2205 : IN DIVORCE CIVIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Petitioner filed a Petition to Withdraw as counsel in the above captioned action and received an Order of Court and Rule to Show Cause dated August 24, 2004. A copy of said Order of Court and Rule to Show Cause is attached hereto and incorporated herein by reference as Exhibit "A." 2. A copy of the said Petition was served by first dass mail, postage prepaid and certified mail, restricted delivery upon Respondent, Donald L. Farlling, with service accepted on September 18, 2004, a copy of which receipt is attached hereinto and incorporated herein by reference as Exhibit "B." 3. A copy of said Petition was served by first class mail, postage prepaid upon Kendall Desaulniers, Esquire, attorney for the Plaintiff in the above captioned matter by correspondence dated September 16,2004. 4. Respondent notified Petitioner by correspondence dated September 20, 2004, that he does not wish for Petitioner to continue to represent him in any matter and has asked for Petitioner to withdraw as his counsel. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit "c." 5. By Praecipe dated September 20, 2004, Attorney Desaulniers has not objected to Petitioner's withdraw as counsel for Respondent in the above captioned matter. A copy of said Praecipe is attached hereto and in~orporated herein by reference as Exhibit "D." WHEREFORE, Petitioner requests your Honorable Court to make the Rule absolute allowing Petitioner to withdraw as counsel for Respondent, Donald L. Farlling, in the above captioned action. Respectfully submitted, rV ok Ma Petitio GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 101 i I!.J 4 , S, ESQUIRE DONALD L. F ARLLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIANA D. FARLLING, Defendant : NO. 04-2205 : IN DIVORCE CIVIL TERM ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this q~ day of ~. , 2004, upon presentation and ~c......'-<-o.."n\:'~ ~ consideration of the within Petition, a Rule is hereby issued upon t vopOI'H1ent, DSl'l(lla L. farlliHg, ,to Show Cause, if any ~~WhY Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule returnable 11. days after servIce by first-class mail, postage prepaid,~ ~SfJ6fla':'llt at hiJ lfl3t k:fiovvfi uJdlGJ:3. By the Court, , '1 9-klL<-- q (Ifi J 1<) ( Cc: Marylou Matas, Esquire Petitioner Donald L. Farlling Defendant/Respondent Kendall_ArulDesaulnier~, ESqllire__ __ Attorney for Plaintiff , -.. (' - '. , -C',:,,,, .' .'". .,'", .\~ .;'~..~.;. ; ~~:' f'rnth -~~' ~~C:(JRO f'lli11<J!d , ,',..', eo. './-' ""'." ''''., c.j _~ cJ (1S,; l' ':~0.ur:~r:,t~/ '.,~' ~ ~': EXHIBIT I A ru <0 <0 rr Heturn hc=<,eIOl f,x, i (lr1(iorseIl10nl HbqUI'",d" I Hesl"cltKj n",ilvery fee I (LndDr"Pfllel1~ fjH.1U Ir(,d i ! <0 .-=I CJ .-=I rr CJ CJ CJ CJ .-=I lJJ ru .-=I CJ CJ !'- Ul SENDER. COMPLETE THIS SECTION . Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Signature D. Is delivety address diffe from item 1? If YES, enter delivery address below: boMl~ L-- fa(lIlV\~ . ~qq ~lb<jrvlllL ~ocloj ~~WV\\lC H\ 11141 3. ~lce TYPE! Certified Mall ~Press Mall Registered Return Receipt for Merchandise o Insured Mall C.O.D. 4. Restricted Delivery? (Extra Fee) OOQer l2<vos , '1~z... 2. Article Number (Transfer from servlce/abe/) PS Form 3811, August 2001 IbL>~ ~S\D ;0 Ii Domestic Return Receipt 102595.02.M.1540 EXHIBIT \ B Dear Marylou Matas, Esquire. 09-20-04 From my understanding, I am to respond to you by mail, letting you know the reason 1 have asked you to withdrawal as my lawyer. I sent a letiler on 08-05-04 letting you know I did not need your services. The reason being is that Diana and I have come to an agreement on the custody matter and she has informed me that her lawyer can draw up the divorce papers since she was already doing the custody papers. Also I have no more money to pay tor your services. I am asking again for you to withdrawal as my lawyer. If any questions, please call me. Thank-you for your services. Thanks. Donald 1. Farlling EXHIBIT I L . DONALD L. F ARLLING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-2205 CIVil.. TERM DIANAD. FARLLING Defendant IN DIVORCE RESPONSE TO ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, comes the Defendant, Diana D. Farlling, by and through her attorneys Kendall A. Desaulniers, Esq. and the Law Office of James K. Reed, P.A., and represents unto this Honorable Court that she does not oppose the withdrawal of Marylou Matas, Esquire, from the above-captioned case. I II I II II 'I Respectfully submitted, ~/ ) . / - K ndail A. ~esaulnie/, ES~. ~-, I I I I I I I I CERTIFICATE OF SERVICJi; , I I hereby certify that a copy of the foregoing Response to Order of Court and I Rule to Show Cause was mailed this 16th day of September, 2004, first class postage prepaid, to Marylou Matas, Esq., at Griffie and Associates, 200 North Hanover St . et, Carlisle, PA, 17013 and Donald L. Farlling at 699 Bloserville Road, Newville, P ,I 17241. \})! ~l{~~E ~ l D a EXHIBIT p I o c c.) w '" (",":::' t..";;:) ...c....~ c::; C") -, I .r " -- '71 ::;.J iii7:J r--. -Of'," i-:.:;;:~~' '",' ',1, ",1 C,!j rl1 o v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW OCT 0 5 ZCU4 j DONALD L. FARLLING, Plaintiff DIANA D. F ARLLING, Defendant : NO. 04-2205 : IN DIVORCE CIVIL TERM AND NOW this '1M ORDER OF COURT Dc.t, ~er day ofS rl 1,,1'0;:1,2004, upon presentation and consideration of the within Petition to Make Rule Absolute, it is hereby ORDERED and DIRECTED that Marylou Matas, Esquire, and the law firm of Griffie and Associates, are permitted to withdraw as counsel for the Respondent, Donald L. Farlling, in the above captioned action. BY THE COURT, Cc: ~rylou Matas, Esquire Petitioner L-Donald L. Farlling Defendant/Respondent vKfndall Ann Desaulniers, Esquire Attorney for Plaintiff J. I J \', 1\.1.-'-" L S :8 H'J Z I DO ",vilZ ,\i)/lG,\Cd.;.02:l 3r.U. jO :n\J:!D.-(r:n:.~ DEe 1 0 2004 CHRISTOPHER STEIMLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KELLI FARRIS, Defendant CNIL ACTION - LAW No. 04-]690 CNIL TERM IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Defendant, by and through heir attorneys, MidPenn Legal Services, and petitions the Court as follows: 1. Upon the Petition of Defendant for Modification of a Custody Order, the instant matter is scheduled for hearing on December 16, 2004. 2. Defendant began a new job on December 6, 2004, following a period of unemployment, and has learned that she must attend seven weeks of training, during which she will be unable to miss work. 3. Plaintiff is currently pro se, and Counsel for Defendant has telephoned him to determine whether he would agree to a continuance, but has received no response to messages left. Counsel for Defendant has written to Plaintifr to request a continuance but it is uncertain whether there will be a timely reply. 4. This matter has not been previously continued. WHEREFORE, Defendant moves this Honorable Court to continue this matter until the date of January 24,2005, or later. Respectfully Submitted, MIDPENN LEGAL SERVICES ~I :5:. ,~~a~~ Attorney for Defendant Rebecca L. Ardoline 2054 E. College Avenue State College, PA 16801 (814) 238-4958 Attorney ID # 79662 CHRISTOPHER STEIMLING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-1690 CIVIL TERM KELLI FARRIS, Defendant : IN CUSTODY CERTIFICATE OF SERVIC]~ I, Jessica Diamondstone, Esquire, ofMidPenn Legal Services, attorneys for the Defendant, Kelli A. Farris, hereby certify that I have served a copy ofthe foregoing Motion for Continuance on the following date and in the manner indicated below: U.S. First Class Mail. Posta2e ))re-Paid Christopher Steimling 15730 N. Scottsville Rd. West Blockton, AL 35184 MidPenn Legal Services, Inc. Date: ./.). 9. c.")../ , / , . / ,'/ //1' ~ " ./~):-.)~'~t'c~~. L/?tI4-r:~t-R / /Rebecca L. Ardoline, Esquire MidPenn Legal Services 3 West Monument Square, Suite 203 Lewistown, P A 17044 '" - ....... t" ......, . J Co) ..' t. '.~," 0 ....- -n CJ -I 1""1 jT~:::r\ c:> r" . I rn I I...D Y .. (:) :r ,", ~- r + , "'i :~J , l j 0..,0 i " f') :'eJ c.J _.r" \;: 1 DEe 1 0 2004 j CHRISTOPHER STEIMLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KELLI FARRIS, Defendant CNIL ACTION - LAW No. 04-1690 CNIL TERM IN CUSTODY PETITION TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Kelli Farris, Petitioner, to proceed in forma pauperis. I, Rebecca Ardoline, attorney for the party proceeding in fi)rma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. 4//~~4cV~ ~;ca L. Ardoline Attorney for Petitioner MidPenn Legal Services 3 W. Monument Square, Ste. 203 Lewistown, P A 17044 (717) 248-3099 /" ,,~ C;-:l Ci ,. .:~.:'l ...t"~- -n C:, .-1 1"'1 :1: -1"1 c-) I 11 .,'c: I ! l~"j I,i) 1-' ',' e) -:~A.." "t'l ..r-.. T~ I;? ' tll ~.::~ -....< r",) 0" CHRISTOPHER STEIMLING, Plaintiff DEe 1 0 2004 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o ~ vs. KELLI FARRIS, Defendant CNIL ACTION - LAW No. 04-1690 CIVIL TERM IN CUSTODY ORDER AND NOW this I 5 -tJ- day of ~ , 2004, upon Motion of the tltJc Defendant, hearing in the above matter is hereby CONTINUED to the '1 day of !J ~_, 200 ~ ,at ~:...1L -f'-.m. in Courtroom No. ~ of the Cumberland County Courthouse. J. BY THE, CO ~ ;=f o ~ 1. lJ- 'tl- - " , I;) nt' :'\ , J b ,J {J~ j\_ 1 1 " . --- ,1 ~.~ :.' _;,,'..: ~: ~~ ~r~ -" .'. - f '~'~lf ~O '- '''I . r, . ~ ~ir )';.J u (~~ 1 ...} ~'~\ .. 'r. '., :: :.Al ::',-' ',.", ,II , , PROPERTY SETTLEMENT AGREEMENT BETWEEN DIANA DREMA FARLLlNG AND DONALD LYNN FARLLlNG AGREEMENT, made this .d!i.- day of 11.) fj u ' , 2004, by iana Drema Farlling of Williamsport, Maryland, hereinafter referred to as "Wife, Lynn FarlIing of Newville, Pennsylvania, hereinafter referred to as "Husband." d between and Donald WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been marrie ceremony June 6, 1998, in Shippensburg, Cumberland County, Pennsylvania, Tw were born as a result of the parties' marriage: a son, Taylor Joseph FarlIing, born 1997, and a daughter, Amber Lee Farlling, born January 29, 2002, WHEREAS, the parties hereto wish, finally and for all time, to settle and respective and other rights growing out oftheir marital relation, to live separate and enter into their property and separation agreement. by religious (2) children ecember 8, WHEREAS, diverse, unhappy differences, disputes, and difficulties have the parties, and it is the intention of Wife and Husband to live separate and apart. hereto are desirous of settling their respective financial rights and obligations as other, including settling of matters between them relating to the past, present, and and/or maintenance of Wife by Husband. n between The parties tween each ture support termine the part, and to WHEREAS, both and each of the parties hereto have been advised of or opportunity to seek advice regarding their legal rights and the implications of this A the legal consequences which may and will ensue from the execution hereof, ve had the eement and WHEREAS, Wife acknowledges that she is thoroughly conversant with accurately knows the size, degree, and extent of the estate and income of Husband, d Husband acknowledges that he is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Wife. NOW, THEREFORE, in consideration of the premises and of the mut covenants, and undertakings hereinafter set forth which are hereby acknowledged b parties hereto, Wife and Husband, each intending to be legally bound hereby, cove as follows: promises, each of the t and agree 1. ADVICE OF COUNSEL: The parties acknowledge that they have en advised of their right to receive independent legal advice from counsel of their selection r garding the provisions of this Agreement and their legal effect. Whether or not the parties ave sought independent legal advice from counsel of their selection regarding their legal rights and II bligations, they acknowledge and accept that this Agreement is, in the circumst ces, fair and quitable; that it is being entered into freely and voluntarily; that execution of this Agreement is ot the result of any duress or undue influence, nor is it the result of any collusion improper or . egal agreement or agreements; and that the parties hereto state that they, in th procurement d execution of this Agreement, have not been subjected to any fraud, concealment, verreaching, imposition, coercion, or other unfair dealing on the part of the other r on the part f the other's counsel. Wife is represented by Kendall Ann Desaulniers, Esquire and the law firm of James K. Reed, P.A. Husband is represented by Stanley J.A. Laskowski, Esquire, and he law firm of Caldwell & Kearns, 2. WARRANTY OF DISCLOSURE: The parties warrant and repre ent that they ave made a full disclosure of all assets and their valuation prior to the exe tion of this greement. This disclosure was in the form of an informal exchange of info tion by the arties' attorneys, and this Agreement between the parties is based upon this disclos e, Husband and Wife have agreed that they have made a full and complete d' losure to the other of all information of a financial nature requested by the other, and that no' ormation of such nature has been subject to distortion or in any manner misrepresented, Each party acknowledges that they have been informed they may have the right, as provided statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the part es' finances. Such information would include, without limitation, their present and past inc me and the identity and value of assets both presently owned and transferred previously, The parties further acknowledge their understanding that they each have th right to file inventories and appraisement with the Court and to require the other party to 0 so. Such inventories and appraisement require a party to indicate, under oath, information egarding all marital property in which either party has an interest as of the date the action was commenced, Husband and Wife voluntarily and intelligently agree to waive any rights which t y may have to receive an inventory and appraisement of all property owned by them jointly or individually, at the time of delivery ofthis Agreement or of the commencement of any action in di orce, 3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband ma and shall at all times hereafter live separate and apart. They shall be free from any cont I, restraint, interference, or authority, direct or indirect, by the other in all respects as if they we unmarried, They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on, or engage in any business, occupation, profession, or employment which to him or her may seem advisable. Wife and Husband shall not molest, haras , disturb, or malign each other or the respective fumilies of each other nor compel or attempt t compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her, 4, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: Thi Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to su defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on t part of the other party which have occasioned the disputes or unhappy differences which ha e occurred ~rior to or which may occur subsequent to the date hereof. The parties intend to s ure a mutual onsent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsyl ania Divorce Code of 1980, 5, AGREEMENT TO BE INCORPORATED IN DIVORCE DECRE : The parties agree that the terms of this Agreement may be incorporated into any divorce decr e which may be entered with respect to them. Notwithstanding such incorporation, this Agree ent shall not be merged in the decree, but shall survive the same and shall be binding and con lusive on the parties for all times, 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if t ey have each executed the Agreement on the same date, Otherwise, the "date of execution" r "execution date" of this Agreement shall be defined as the date of execution by the party last xecuting this Agreement, 7. PERSONAL PROPERTY: A. Husband shall return to Wife or permit Wife to recover from the ital residence the following items of personal property: Little Tykes slide set; Wife's childhood longings in storage shed; old Christmas ornaments made by Wife's grandmother. The parties gree that all other personal property has been divided to their mutual satisfaction, The parties gree that all remaining tangible personal property and household chattels presently located t Husband's residence shall be and remain the sole and exclusive property of Husband, free an clear of any interest of Wife, and that all tangible personal property and household chattels pre tly located at Wife's residence shall be and remain the sole and exclusive property of Wife, fre and clear of any interest of Husband. B. Husband shall continue to have the exclusive right and ownership of the 2000 Yamaha 350 Warrior four-wheeler and the racing trailer, both of which are title in his name only. Wife claims no right, title, or interest to these items, Husband sha assume all responsibility for payment of any debt against said four-wheeler and racing tra' r, and shall indemnify and hold Wife harmless from any and all liability therefor. C. Except as otherwise provided in this Agreement, each party shall re . , as his or her sole and separate property, any automobiles, stocks, bonds, or other securitie , savings or checking accounts, certificates of deposit, money market funds, pensions, profit- ing plans, individual retirement accounts, deferred compensation of any kind, and any other sets of any kind or nature in his or her own name, free and clear of any interest of the other. 8. BANK ACCOUNTS: Husband and Wife currently share a joint hecking and savings account at Cornerstone Federal Credit Union. Husband and Wife agree t t Husband shall retain all right, title, and interest in and to the joint checking and saving account at Cornerstone Federal Union, Upon execution of this Agreement, Husband shall ttend to the removal of Wife's name from this account, so far as in his power to do so, Husb d and Wife ,\ agree that Husband shall retain the remaining balance of approximately Fifty Dol s ($50,00) as his sole property, 9. MOTOR VEHICLES: With respect to the motor vehicles owned b one or both ofthe parties, they agree as follows: A. Husband shall continue to have the exclusive right and ownershi of the 1997 Pontiac Grand Am that is titled in both parties' names. Wife shall assign all ri ht, title, and interest in said vehicle to Husband. Husband shall assume all responsibility for pent of any debt against said automobile and shall indernniJ.Y and hold Wife hannless fro any and all liability therefor. 10. AFfER-ACQUIRED PERSONAL PROPERTY: Each of the hereafter own and enjoy, independently of any claim or right of the other, all ite property, tangible or intangible, hereafter acquired by him or her, with full power in dispose of the same as fully and effectively, in all respects and for all purposes, as she were unmarried, 000 Pontiac and interest against said erefor. B. Wife shall continue to have the exclusive right and ownership of the Grand Am that is titled in both parties' names. Husband shall assign all right, tit! in said vehicle to Wife, Wife shall assume all responsibility for payment of any de automobile and shall indemniJy and hold Husband hannless from any and all liability parties shall of personal , or her to hough he or II. RECIPROCAL WAIVERS OF PENSION INTEREST: In consid ation of the mutual promises and conditions set forth in this Agreement, Husband and Wife ex ressly waive all marital interest that they may have in any pension, retirement, 40 I (k), or tax-de rred savings plan held in their individual names. 12, DEBTS: A. Each party agrees to be solely and separately responsible for any other debts related to each of the assets assigned to that party as stated herein, and to indernniJ.Y and hold the other party hannless therefor. B. Wife agrees to pay all debts incurred in her sole name as the same come due, and to indernniJ.Y and hold Husband hannless therefor. Wife's debts incurred in h r sole name are as follows: Bon-Ton credit account, Bank of America credit account, Old Navy credit account, AT&T cellular phone service account, MCI phone service account, and OL on-line service account. C. Husband agrees to pay all debts incurred in his sole name as the due, and to indemniJy and hold Wife harmless therefor. Husband's debts incurre name are as follows: Cornerstone Federal Credit Union personal loan, Lowe's cr Discover credit account, MasterCard credit account, MBNA credit account, Capit account, and Yamaha parts account. e become in his so Ie it account, One credit I' 1- D, Except as otherwise herein expressly provided, the parties shall d do hereby utually remise, release, and forever discharge each other from any and all action , suits, debts, laims, demands, and obligations whatsoever, both in law and in equity, which .ther of them ver had, now has, or may hereafter have against each other upon or by reason of y matter, up o the date of the execution of this Agreement. 13, INSURANCE: A. Health Insurance Coverage for the Parties - Husband agrees to eparately responsible for obtaining and paying for health insurance coverage for indemnify and hold Wife hannless therefor. Wife agrees to be solely and separate for obtaining and paying for health insurance coverage for herself and to inde Husband hannless therefor. This sub-paragraph may not be modified, solely and elf and to responsible and hold B. Health Insurance Coverage for the Minor Children ~ Wife shall p ovide health insurance coverage for the minor children until college age, This sub-paragraph is subject to modification upon an appropriate showing of change in circumstances. C. Automobile Insurance Coverage - Husband agrees to be solely responsible for obtaining and paying for automobile insurance coverage for elf and to indemnify and hold Wife hannless therefor. Wife agrees to be solely and separatel responsible for obtaining and paying for automobile insurance coverage for herself and to ' demnify and hold Husband hannless therefor. The parties agree to take appropriate steps to eit r modify or cancel any existing policies that provide for joint coverage, This sub-paragraph may not be modified, 14. REAL PROPERTY: The parties own an interest in a time-share in yrtle Beach, South Carolina. Wife shall convey all right, title, and marital interest in said t e-share to Husband for the mutual promises and covenants contained in this Agreement, sband shall assume all responsibility for payment of any debt against said time-share, and s II indemnify and hold Wife hannless from any and all liability therefor. Husband shall have appropriate transfer documentation prepared at his cost, and Wife shall sign the documenta .on, thereby transferring ownership of said time-share to Husband, Until such time as he transfer documentation is prepared and signed, giving Husband title to said time-share, sband shall have exclusive use and possession of said interest, free from interference by Wife. 15, WARRANTY AS TO EXISTING OBLIGATIONS: Each party re resents that he or she has not heretofore incurred or contracted for any debt or liability or 0 ligation for which the estate of the other party may be responsible or liable except as may be pr vided for in this Agreement. Each party agrees to indemnify or hold the other party hannle s from and against any and all such debts, liabilities, or obligations of every kind which may ha heretofore been incurred by him or her, including those for necessities, except for the obligation arising out ofthis Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and H sband each covenant, warrant, represent, and agree that each will not and at all times hereafter ve harmless 1\ d keep the other indemnified from all debts, charges, and liabilities incurred by t e other after he execution date of this Agreement, except as may be otherwise specifically pr vided for by he tenns of this Agreement, and that neither of them shall hereafter incur any liability hatsoever for which the estate of the other may be liable, 17, WAIVER OF SPOUSAL SUPPORT: A. Husband hereby waives all right to claim against Wife for spo sal support, alimony, alimony pendente lite, counsel fees, and expenses, B, Wife hereby waives all right to claim against Husband for spo sal support, alimony, alimony pendente lite, counsel fees, and expenses, 18, MUTUAL RELEASES: Husband and Wife each do hereby mut lly remise, release, quitclaim, and forever discharge the other and the estate of such other, fo r all time to come and for all purposes whatsoever, of and from any and all rights, title, and interests, or claims in or against the property (including income and gain from property hereafte accruing) of the other or against the estate of such other, of whatever nature and wherever situate which he or she now has or at any time hereafter may have against such other, the estate of suc other or any part thereof, whether arising out of any former acts, contracts, engagements of liab 'ties of such other, or by way of dower, curtesy, or claims in the nature of dower or curtesy 0 widow's or widower's rights, family exemption or similar allowance, or under the intestate law or the right to take against the spouse's will, or the right to treat a lifetime conveyance by he other as testamentary, or all other rights of a surviving spouse to participate in a deceased s use's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, 0 territory of the United States, or (c) any other country, or any rights which either party may ve or at any time hereafter have for past, present, or future support or maintenance, alim ny, alimony pendente lite, counsel fees, equitable distribution, costs, or expenses, whether aris. as a result of the marital relation or otherwise, except, and only except, all rights and agr ements and obligations of whatsoever nature arising or which may arise under this Agreeme or for the breach of any provision thereof. It is the intention of Wife and Husband to give to h other by the execution of this Agreement a full, complete, and general release with respect t any and all property of any kind or nature, real, personal, or mixed, which the other now 0 s, or may hereafter acquire, except and only except all rights and agreements and obligations 0 whatsoever nature arising or which may arise under this Agreement or for the breach of y provision thereof, 19, DIVORCE: Husband has commenced an action for divorce from 'fe pursuant to Section 3301(c) of the Pennsylvania Divorce Code (irretrievable breakdown), oth parties shall, at the time of the execution of this Agreement, furnish Husband's atto ey with an affidavit evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact t at Husband will bear the cost of same in his individual capacity. A. Each of the parties agrees that this Agreement represents a compl e and final agreement as to their respective property rights which arose from the marital elation and I' , . . therefore mutually waive any and all rights they may have under Section 35 2 (equitable distribution) ofthe Pennsylvania Code, Act No, 1980-26. B. This Agreement may be offered in evidence in the action for divorc and may be incorporated by reference in the decree to be granted therein. Notwiths anding such incorporation, this Agreement shall not be merged in the decree, but shall survive he same and shall be binding and conclusive on the parties for all time, 20. LEGAL FEES: The parties agree to waive receipt of and to be r sponsible for their own attorneys' fees, costs, and expenses in connection with the negotiation review, and appropriation of this Agreement and the granting of a divorce decree,. 21. REMEDY FOR BREACH: If either party breaches any pro ion of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach in which event the breaching party shall be responsible for payment or legal fees and costs incurred by the other in enforcing his or her rights hereunder or to se such other remedies or relief as may be available to him or her. 22, EOUITABLE DISTRIBUTION: It is specifically understood and a eed that this Agreement constitutes an equitable distribution of property, both real and person , which was legally and beneficially acquired by Wife and Husband or either of them during th marriage as contemplated by The Act of April 2, 1980, known as "The Divorce Code," 23 P.S, 101, et seq., of the Commonwealth of Pennsylvania, and as amended; and further, that the arties have attempted to divide their marital property in a manner which conforms to the criteri set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following c iderations: the length of the marriage and the prior marriages, if any, of the parties; the ag , the health, station, amount, and sources of income, vocational skills, employability, estate, bilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisiti n of capital assets and income; the sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits; the contribution or dissipation of each arty in the acquisition, preservation, depreciation, or appreciation of marital property, 'cluding the contribution of a party as a homemaker; the value of the property set apart to ea h party; the standard of living of the parties established during the marriage; and the economic c cumstances of each party at the time the division of property is to become effective, 23. SUMMARY OF EFFECT OF AGREEMENT: It is specifically un erstood and agreed by and between the parties hereto, and each party accepts the provisions he ein made in lieu of and in full settlement and satisfaction of any and all of said party's rights aga' t the other for any past, present, and future claims on account for support, maintenance, alim ny, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital p operty, and any other claims of each party, including all claims raised in the divorce action pen g between the parties. 24. TAX CONSEOUENCES: By Agreement, the parties have intended and, by this Agreement, have equally divided their marital property. The II . . etermined that such equal division conforms to a right and just standard with regar to the rights f each party. The division of existing marital property is not, except as may be otherwise xpressly provided herein, intended by the parties to institute in any way a sale 0 exchange of sets; and the division is being effected without the introduction of outside ds or other roperty not constituting a part of the marital estate. The parties shall file separat tax returns, oth state and federal, for tax year 2004 and consecutive years. 25, MUTUAL COOPERATIONIDUTY TO EFFECTUATE AGREE NT: Each arty shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and! r documents hat the other party may reasonably require for the purposes of giving full force an effect to the rovisions of this Agreement. 26, RECONCILIATION: The parties shall only eftect a legal reconc iation which supersedes this Agreement by their signed agreement containing a specific state nt that they have reconciled and that this Agreement shall be null and void; otherwise, this Ag eement shall remain in full force and effect. Further, the parties may attempt a reconciliation, w 'ch action, if not consummated by the aforesaid agreement, shall not affect in any way the legal ffect of this Agreement or cause any new marital rights or obligations to accrue, 27. SEVERABILITY: If any term, condition, clause, or provision oft s Agreement shall be determined or declared to be void or invalid in law or otherwise, then 0 y that term, condition, clause, or provision shall be stricken from this Agreement; and in all 0 er respects, this Agreement shall be valid and continue in full force, effect, and operation. ikewise, the failure of any party to meet his or her obligations under anyone or more of t paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations ofthe parties. 28. NO WAIVER OF DEFAULT: This Agreement shall remain in II force and effect unless and until terminated under and pursuant to the terms of this Agreement The failure of either party to insist upon strict performance of any of the provisions of this A ement shall in no way affect the right of such party hereafter to enforce the same, nor shall the aiver of any breach of any provisions hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance f any other obligations herein, 29. INTEGRATION: lbis Agreement constitutes the entire underst ding of the parties and supersedes any and all prior agreements and negotiations between the There are no representations or warranties other than those expressly set forth herein. Thi Agreement shall survive integration by any court into any judgment for divorce and shall cont ue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract, 30. EFFECT OF DIVORCE DECREE: The parties agree that, unle specifically provided herein, this Agreement shall continue in full force and effec time as a final decree in divorce may be entered with respect to the parties. otherwise after such I . . 31. WAIVER OR MODIFICATION TO BE IN WRITING: No m dification or aiver of any of the tenus hereof shall be valid unless in writing and signed by bot parties. No aiver of any breach hereof or default hereunder shall be deemed a waiver of subsequent efauIt ofthe same or similar nature. 32, CAPTIONS: The captions of this Agreement are inserted only onvenience and for reference and in no way define, limit, or describe the scope his Agreement, nor in any way affect this Agreement. 33. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall endure to the benefit of the parties hereto and their respective heir, executors, administrators, successors, and assigns. 34. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws ofthe Commonwealth ofPeIlllSylvania, IN WITNESS WHEREOF, the parties have set their hands and seals counterparts of this Agreement, each of which shall constitute an original, the day above written, to four (4) d year first WITNESS: jlyu. 't1tk~ f} SZVk'~. {J;ev DIANA DREMA F ARLLING SEAL) (SEAL) II -i '!: STATE OF MARYLAND : ss, COUNTY OF WASHINGTON I HEREBY CERTIFY that on this I q~ day of ~ 200 , the above- named DIANA DREMA FARLLING personally appeared befo me and made oat m due form of law that the matters and facts set forth in the foregoing Agreement with r spect to the voluntary separation of the parties are true and correct as therein stated and aclm wledged that the said Agreement is in fact her act and deed and that she has full understanding the eof. ~""'''A.:A::~, ""., ..~!JJ~:~~1Y hand and notarial seal. ~,(.() .- ..~_..., II.:. .... ....~~\ ~ f NOTARY \ ~ ~ ~ PUBLIC i ! ;.~... ... : ~.-d... .-_So: ~ T~ .... .... ~.; ',# ~jfl ......... 0'\ ........ "'I.;:GTO~ v,.....',...... ""......",' COMMONWEALTH OF PENNSYLVANIA /1 : ss. COUNTY OF /';;.A..~. _' / : I HEREBY CERTIFY that on this ~~ay of ~~ , 200 , the above, named DONALD LYNN F ARLLING personally appeared before me and made oa in due form of law that the matters and filcts set forth in the foregoing Agreement with r pect to the voluntary separation of the parties are true and correct as therein stated and ackno ledged that the said Agreement is in fact his act and deed and that he has full understanding there f. Notary Public My commission expires: loll ~~ AS WIlNESS my hand and notarial seal. My commission expires: NOTARIAL. SEAl. FAY L 1'()'lt:lUSl, NotaIy E/usquehma 1'ivp., ~ My Com"l..~on EltpIres July 1, --'~-'--' . DONALD L. F ARLLING, Plaintiff, IN THE COURT OF COMMON PLES CUMBERLAND COUNTY, PENNSYLV NIA VS, .- NO, 2004 - ;l~ DIANA D. F ARLLING, Defendant. CNIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1, A Complaint in Divorce under 3301 (c) of the Divorce Code was filed 0 May 17, 2004, 2, The marriage of Plaintiff and Defendant is irretrievably broken and nin ty 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 without notice, 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 grante 5. 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 . .. ~ ... understand that false statements herein are made subject to the penalties of 18 P C.S. 9 4904 relating to unsworn falsification to authorities. Dated: NbC!. (;)9 - (y-/ ~ ss# /&:d' (PC< - ~37 35117 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN LV ANIA DONALD 1. FARLLING, Civil Action - Law Plaintiff, v. No, 04-2205 IANA D. FARLLING, Defendant. In Divorce AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 17,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after having waived he notice of intention to request entry of divorce decree on November 19, 2004, I verilY that the statements made in this Affidavit are true and correct. I un erstand that false statements herein are made subject to the penalties of 18 Pa. C.S, S 4904 relating to unsworn falsification to authorities. Dated:il.Jflf'J'nhzR- /Cf, 2004 (l;u..0l Diana D. Farlling, Defendant I I , i I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN YL V ANIA , ! bONALD 1. F ARLLING, Civil Action. Law i j Plaintiff, v. No. 04-2205 IANA D, FARLLING, Defendant. In Divorce WAIVER OF NOTICE OF INTENTION TO REOUEST 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! do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is e tered by the Court and that a copy of the decree will be sent to me immediately after it is ed with the Prothonotary. I verifY that the statements made in this Affidavit are true and correct. I derstand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 490 , relating to unsworn falsification to authorities. '- Dated:kJl1IIffH,htf. Li,2004 MilIJ " DONALD L FARLLING, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL NIA v, NO, 2004-2205 CIVIL TERM DIANA D, FARLLING, Defendant. IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entr of a Divorce Decree: I, Grounds for divorce: irretrievable breakdown under Section 3301(c) 3301(d)(I) fthe Divorce Code, (Strike out inapplicable section,) 2, Date and manner of service of the Complaint: On May 24, 2004, the Complai twas accepted by Kendal Ann Desaulniers, Esquire, as Plaintiff, Diana D, Farlling's attome , vIa Acceptance of Service filed on June 2,2004, 3, (Complete either paragraph (a) or (b)) (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) f the Divorce Code: by Plaintiff, on November 19, 2004; by Defendant, on November 29,2004 (b) (I) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) fthe Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 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 a c pyof which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: Dec mber 16,2004, Date Defendant's Waiver of Notice was filed with the Prothon tary: December 16, 2004, 6, Plaintiffs Social Security number: 162-62-8937 Defendant's Social Security number: 219-92-8778 7, The parties have executed a Marriage Settlement Agreement, dated Novembe 29, 2004, which Agreement has been filed of record at the within term and number, and Agreement is requested to be incorporated in the final Decree in Divorce, but not merged th em, Date: December 17, 2004 By: Respectfully submitted, ~2~~~- Attorney L D, # 37422 Caldwell & Kearns, p,c. 3631 North Front Street Harrisburg, P A 17110-1533 (717) 232-7661 Attorney for Plaintiff, Donald L. Farlling 04666182388 ~~~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ . + : IN THE COURT OF COMMON PLEA : . + : OFCUMBERLANDCOUNTY : . ' . 1 STATE OF *', PENNA. l +. OONALD L. FARLLING +. . + : Plaintiff No. 2004-2205 : . + . + . . +. VERSUS +. . + . + : DIANA D. FARLLING : . + . + . Defendant + . + . . . . . + : DECREE IN : . + . . : DIVORCE : . + + + . . . + . + : J2 22 t.J : AND NOW, e.C-, __ ' Zoo I ' IT IS ORDERE AND + + . + . + : DECREED THAT OONALD L. FARLLING , PLAINTIFF, : . + . + . + : AND DIANA Do FARLLINr: , DEFENDAN : . . . + . + + ARE DIVORCED FROM THE BONDS OF MATRIMONY, + . . . + . + : THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC HAVE : . + . BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA NOT + . + : YET BEEN ENTERED; : . + . . . + + + . + . . . . . + . + . + . + + . . . . . . . . . . . . . . . . . + ~++++++++++;++~++~+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ By THE ~ J, + + + + + + + + + + + + . . + . + . PROTHON TARY /0/ W;7 7- ~ ~~ IJ(J ee.el ;7-r~ p{Z-~,?4:p /'?lhOee,e;