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Home My WebLink About01-2536TROY J. SIMS, EILEEN R. SIMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~l - ,~52~ : : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TROY J. SIMS, V. EILEEN R. SIMS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O/- CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. PlainthTis Troy R. Sims, who has resided at RR #1, Box 1282, Jonestown, Lebanon County, Pennsylvania for the last 12 months. 2. Defendant is Eileen R. Sims, who cun'ently resides at Motel 6, 1153 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, for the last 12 months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 12, 1992 in Trinidad, Colorado. 5. The parties have lived separate and apart since April of 1998. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. Plaintiffhas been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 10. Plaintiff avers that there are two (2) children of the parties under the age of eighteen (18) namely: James T. Sims, bom July 14, 1992; and Margaret M. Sims, born September 23, 1993. COUNT I - DIVORCE 11. The Plaintiff avers that the grounds on which the action is based are as follows: The parties have lived separate and apart since April of 1998 and the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court enter a decree in divorce under Section 3301(d) of the Divorce code. Date.~, Respectfully submitted, By: _ ~ Esquire I? #36461 / ) 2331 Market Stree~ Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff VERIFICATION ., verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: C) c~ eD TROY J. SIMS, V. EILEEN R. SIMS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01~ p~3q, C,;'t CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Troy J. Sims, Plaintiff herein. Respectfully submitted, P_EAGER & ADLER, PC By: oan~eHarriso C ugh, ID #36461 2331 Market Street ~ Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff sqmre TROY J. SIMS, Plaintiff EILEEN R. SIMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O~ '-- 26B~ 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 DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE April of 1998 and have continued to live separate and apart period of at least two years. 2. The marriage is irretriebably broken. The parties to this action separated approximately for a 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 § 4904 relating to unsworn falsification to authorities. P 1 a~nt iff TROY J. SIMS, EILEEN R. SIMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served the foregoing Entry of Appearance by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Eileen Sims Motel 6 1153 Harrisburg Pike Carlisle, PA 17013 REAGER & ADLER, PC Joanne Harrison ~~squire TROY J. SIMS, V. EILEEN R. SIMS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT OF CONSENT UNDER § 3301(d) OF THE DIVORCE CODE Check either (a) or (b): [] (a) I do not oppose the entry of a divorce decree. 1~ (b) I oppose the entry of a divorce decree because: · t (I) The parties to this action have not lived separate and apart for a period of at least two(2) years. [] (ii) The marriage is not irretrievably broken. 2. [] (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request a Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are u-ue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: Eileen R. Sims NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. TROY $. SIMS, V. EILEEN R. SIMS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Before me, the undersigned Notary Public, this day, personally appeared Jeanne Harrison Clough, Esquire, attorney for the Plaintiff, to me known, who being duly sworn according to law, deposes the following: I, Jeanne Harrison Clough, Esquire, being duly sworn according to law, depose and state that service of the Complaint in Divorce in the above-captioned matter was served by Certified Marl, Return Receipt Requested, on Defendant, Eileen Sims, Motel 6, 1153 Harrisburg Pike, Carlisle, Pennsylvania, 17013. The CerdfiedRemmReceiptis attached hereto as "E?bitA,,. REAGER & ADLER, P~ / By: tSh~.sbSClib,e~d aI~da;%~% tn~/~%f;;~ me Notary ~ quire Notarial Seat denn fer S. Kuhns, Notary Public [ Camp Hill Boro, Cumberland County My Commission Expires Sept 11, 2004! JOANN£ HARRISON CLOUGH'~ ESQUIRE REAGER & ADLER, PC 2331 MARKET STREET CAMP H~LL, PA 17011 7. D~t® of D~Hvery 5. Re.~liw,/~l By: ~Please print clear/y) P 90~4~7 196 EILEEN R. SIMMS '~'~".~a~'7~'~'~'7~:TF,~F"~",~7~',;F~;~6V/y) M 0 TEL 6 115~ HARRISBURG PIKE '~ii~"~6~' .......................................................... CARLISLE PA 17013 '~'~:", ....................... : ........ ~ ........... ~,~' ;'i'~,~ I~ .~..~. 3111, r, ..... "t994 ~ IA4/I~CIIF418 EXHIBIT "A" TROY J. SIMS, V. EILEEN R. SIMS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF TROY J. SIMS INCOME Employer: Unemployed Address: Type of Work: Safe _ty Manager Pay Period (weekly, biweekly, etc.): Gross Pay per Period: Itemized Payroll Deductions Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Net Pay per Period: $430.00/week Other Income: Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Worker's Comp. Child Support Total TOTAL INCOME WEEK MONTH $ YEAR EXPENSES Home Mortgage/rent Maintenance Utilities Electric Gas Oil Telephone Water Sewer Employment WEEK MONTH $ 1,000.00 YEAR 2 EXPENSES Public Transportation Lunch Taxes Real Estate Personal Property Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices) Education Private School WEEK 3 MONTH $52.00 YEAR EXPENSES Parochial School College Religious Personal Clothing Food Barber/hairdresser Credit Payments Credit card Charge Account Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books /magazines Entertainment Pay TV Vacation Gifts Legal fees Charitable contributions Other child support Alimony payments Other Total Expenses WEEK 0.00 MONTH $ 600.00 YEAR 0.00 4 I verify that the statements made in this Income and Expense Statement are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: TROY J. SIMS, V. EILEEN R. SIMS, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT Troy J. Sims files the following Inventory and Appraisement of all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years. Troy J. Sims verifies that the statements made in this Inventory and Appraisement are tree and correct. Troy J. Sims understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ASSETS OF PARTIES Troy J. Sims marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( ) (x) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ) ( ( ) ) x) 1. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries. 10. Annuities 11. Inheritances 12. Patents, copyrights, inventions, royalties 13. Personal property outside the home 14. Business (list all owners, including percentage of ownership and officer/director positions held by a party with company. 15. Employment termination benefits - severance pay, workman% compensation claim/award 16. Profit sharing plans 17. Pension plans (indicate employee contribution and date plan vests) 18. Retirement plans, Individual Retirement Accounts 19. Disability payments 20. Litigation claims (matured and matured) 21. Military/V.A. benefits 22. Education benefits 23. Debts you owe (and/or your wife or husband), including loans, mortgages held, etc. 24. Household furnishings and personalty (include as a total category and attach an itemized list if distribution of such assets is in dispute 25. Other MARITAL PROPERTY Troy J. Sims lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date of separation: MARITAL PROPERTY ITEM DESCRIPTION: (1) 1994 Chevy Pick-up (2) 1983 Nissan (3) Household fumiture OWNERSHIP: (1) Eileen Sims (2) Eileen Sims (3) In storage in Trinidad Co. POSSESSOR: (1) Troy Sims (2) Eileen Sims (3) In Storage in Trinidad Co. DATE ACQUIRED: (1) 6/94 (2) Unknown (3) throughout marriage COST/ACQUISITION VALUE: (1)$25,000.00 (2) $1,5oo.oo (3) $3,000.00 - $5,000.00 DATE OF SEPARATION VALUE: (1) $3,500.00 (2) $1,ooo.oo (3) Unknown PRESENT VALUE: (1) $3,500.00 (2) $1,000.00 (3) Unknown NAME AND ADDRESS N/A OF ANY LIEN HOLDER: EFFECTIVE DATE OF LIEN: N/A NATURE OF LIEN: N/A PRESENT AMOUNT OF LIEN: N/A NON-MARITAL PROPERTY Troy J. Sims lists all non-marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation: NON-MARITAL PROPERTY ITEM DESCRIPTION: (1) Carpenter Tools (2) personal items of both Troy and Eileen Sims OWNERSHIP: POSSESSOR: DATE ACQUIRED: (1) Troy Sims (1) Troy Sims (1) No specific dates - bought throughout the years while in the construction business COST/ACQUISITION VALUE: (1) Unknown PRESENT VALUE: NAME AND ADDRESS OF ANY LIEN HOLDER: (1) Unknown N/A EFFECTIVE DATE OF LIEN: N/A NATURE OF LIEN: N/A PRESENT AMOUNT OF LIEN: N/A BASIS CLAIMED FOR EXCLUSION FROM MARITAL PROPERTY: MARITAL DEBTS AND LIABILITIES Troy J. Sims lists all marital debts and liabilities in which either or both spouses have an interest individually or with any other person as of the date of separation: MARITAL DEBTS AND LIABILITIES ITEM DESCRIPTION: Storage Fees (storage of household furniture) DATE OF INCURRING DEBT: AMOUNT OF ORIGINAL DEBT: AMOUNT OF DEBT AT DATE OF SEPARATION: AMOUNT OF CURRENT DEBT: PERIODIC PAYMENT: DEBTOR: CREDITOR: CURRENT PAYOR: TROY J. SIMS EILEEN R. SIMS Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2536 TERM, 2001 MOTION FOR APPOINTMENT OF MASTER AND NOW, this 4th day of December, 2001, comes the undersigned attorney for the plaintiff and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment ora Master. The following matters are at issue between the plaintiff and the defendant: ( X ) Grounds for divorce; ( ( ) Support; ( ) Alimony; ( ( ) Equitable distribution of ( property; ( Alimony Pendente lite, Counsel fees; Paternity; Custody; Other Service of the complaint was made on the above named defendant on May 21, 2001 by Certified Mail, Return Receipt Requested, Restricted Delivery, An appearance on behalf of the defendant has been entered by: Defendant is Pro Se. The following attorneys have been interested in other matters arising between the plaintiffand defendant: None. Contest is not indicated. ~annLSlHarrisuniCl°ugh' Esquire[/ ). AND NO W, ~Jg.~'//~t_~& f ttT~0~ ,f° r P~a ~ ~g'~ , Esq., is hereby appointed Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. BY THE COURT: TROY J. SIMS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PA · NO. 01-2536 VS. EILEEN R. SIMS, * CIVIL ACTION - LAW Defendant * IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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) 249-3186 TROY J. SIMS, Plaintiff VS. EILEEN R. SIMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE AND NOW, Defendant, by and through her attorney, Jennifer L. Frechette, Esquire, answers the within amended divorce complaint and avers the following: 1. Denied. 2. Admitted. 3. Admitted. 4. Denied. Plaintiff and Defendant were married on December 12, 1991 in Trinidad, Colorado. 5. Denied. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant is without sufficient information to form a belief as to the truth of this averment. 10. Admitted in part and denied in part. The parties' daughter, born on September 23, 1993, is named Mary Margaret Sims. 11. of 1998. COUNT I - DIVORCE Denied. It is denied that the parties have lived separate and apart since April COUNTER-CLAIM IN DIVORCE REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER 6_3701. §3702 and §3704 OF THE DIVORCE CODE 12. thereto. 13. 14. The prior paragraphs of this Answer are incorporated herein by reference Defendant is unable to sustain herself during the course of litigation. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 16. The prior paragraphs of this Answer and Counter-Claim are incorporated herein by reference thereto. 17. The parties are the parents of the following unemancipated children who reside with Defendant: James Thomas Sims 9 M 7-14-92 Mary Margaret Sims 8 F 9-23-93 18. During the past five (5) years, the children have resided with the parties and at the addresses herein indicated. F_EQM TO WITH WHOM 1/20/01 Present Mother 5/98 1/20/01 Mother Mother & Father 2/97 5/98 1153 Harrisburg Pike, Carlisle, PA 200 Commerce Drive, New Cumberland, PA Traveled- New Mexico, Utah, Alabama Birth 2/97 Mother & Father Trinidad, Colorado 19. Defendant has not participated in any other litigation concerning the children in this or any other state. 20. There are no other proceedings pending involving custody of the children in this or any other state. 21. Defendant knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 22. The best interests of the children will be served if custody of them is confirmed in Defendant. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Defendant. Date: Respectfully submitted: WEINTRAUB & ASSOCIATES J2 ~)' fl~ ~J6 ~ ~ ~-r~ e~,~; eEt~quire Harrisburg, PA 17110 (717) 238-2200 ID # 87445 ATTORNEY FOR DEFENDANT VERIFICATION I, Eileen R. Sims, hereby swear and affirm that the facts contained in the foregoing Answer to Complaint in Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date; LAW OFFICE EDWARD J. ~INTRAUB 2650 NORTH THIRD STREET HARRISBURG, PENNSYLVANIA 17110 (717) 238-2200 '=""'"'""~X (717) 238-9280 TROY J. SIMS, * Plaintiff * EILEEN R. SIMS, * Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-2536 CML ACTION ~ LAW IN DIVORCE CERTIFICATE OF SERVICE I, Wendy L. S hive, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on February 7, 2002, I served a tree and correct copy of the Answer and Counter Claim upon Joanne Clough, Esquire, Attorney for Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Joanne Clough, Esquire 2331 Market Street Camp Hill, PA 17011 Date: .~/7/6 2~ ~endy~hi~e TROY J. SIMS, Plaintiff VS. EILEEN R. SIMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 30, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. Defendant TROY J. SIMS, Plaintiff VS, EILEEN R. SIMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: EILEEN R. SIMS, Defendant TROY J.'SIMS, Plaintiff VS. EILEEN R. SIMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 01.2536 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 30, 2001. 2.~ The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. TROY J. SIMS, Plaintiff VS. EILEEN R. SIMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE . 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the.penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. TROY J. SIMS, V. EILEEN R. SIMS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2536 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 24~ day of May, 2001, by certified mail, return receipt requested, receipt number P-902-067-196. 3. Date of execution of the Affidavit of Consent required by § 330 l(c) of the Divorce Code: by Troy J. Sims, Plaintiff, on September 17, 2002; by Eileen R. Sims, Defendant, on September 13, 2002. 4. Related claims pending: Settled by Agreement as set forth in the transcript before the Divorce Master on September 17, 2002. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: September 17, 2002 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: September 16, 2002 Dated: BY: Respectfully submitted, REA ~ER & ADLER, PC I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 uire Attorneys for Plaintiff TROY J. SIMS, Plaintiff vs. EILEEN R. SIMS, Defendant IN THE COURT OF CO~ON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2536 CIVIL 2001 IN DIVORCE THE MASTER: Today is Tuesday, September 17, 2002. This is the date set for a Master's hearing in the above-captioned proceedings, specifically on the issue of the ~date of separation of the parties. Present in the hearing room are the Plaintiff, Troy J. Sims, and his counsel, Joanne Harrison Clough, and the Defendant, Eileen R. Sims, and her counsel, Jennifer L. Frechette. Counsel have advised the Master that after negotiations and discussion there is no need to have a hearing on the date of separation issue and, in fact, that the parties have settled all outstanding economic issues pending in the case. With respect to grounds for divorce, although an affidavit under Section 3301(d) was filed along with a counter affidavit, both parties have executed affidavits of consent and waivers of notice of intention to request entry of divorce decree so the divorce could be'concluded under Section 3301(c) of the Domestic Relations Code. Defendant filed her affidavit and waiver on September 16, 2002; counsel for the Plaintiff is going to file his affidavit and waiver immediately following our meeting here this morning. Therefore, the divorce will be able to conclude immediately under Section 3301(c). A divorce complaint was filed on April 30, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On February 6, 2002, an answer and counterclaim were filed by the Defendant. The counterclaim raised the economic issue of alimony. Although no claim for equitable distribution has been raised by either party, the Master has been advised that there will be a statement in the agreement relating to two assets, namely, two vehicles and some cash payment to wife. The agreement is going to be placed on the record in the presence of the parties. The agreement that is placed on the record will be considered the substantive agreement of the parties and will not be subject to any changes or modifications except for correction of tyPographical errors which may be made during the transcription. Counsel have indicated that they are satisfied to have the matter proceed to the Court without having the parties return to sign the agreement affirming the terms of settlement. The parties are aware that upon their leaving the hearing room today and upon the statement of the agreement on the record, they are bound by the terms of settlement even though there is no subsequent signing of the agreement affirming the settlement. Following the statement of the agreement on the record the agreement will be transcribed and the Master will prepare an order vacating his appointment so that the parties can then file a praecipe transmitting the record to the Court requesting a final decree and divorce under Section 3301(c) of the Domestic Relations Code. Ms. Clough. MS. CLOUGH: The parties have reached a settlement agreement which they intend to have now reflected on the record. Both parties are agreeing that they will not return to review their transcribed settlement but will indicate their agreement to the terms of the settlement during the course of this transcript and colloquy following: 1. First, both parties agree to waive any claim to alimony pendente lite or alimony as part of this divorce settlement. 2. The parties further agree that wife Eileen R. Sims shall have the right to retain all personal property and household furniture and photographs currently in storage in Colorado and that Mr. Sims shall have the right to receive all of his personal property, tools and his other personal items in storage in Colorado. Mrs. Sims will agree to make the family photographs available to Mr. Sims at his expense should he so elect to have copies made of any of those photographs. 3. Mr. Sims agrees to pay the storage fees associated with the two storage units they are currently renting in Colorado through December 31, 2002. Mrs. Sims is to retrieve her personal items from storage on or before December 31, 2002. Should Mr. Sims elect to retrieve his items later than December 31, 2002, he shall continue to pay the storage fees associated with his items but shall no longer be obligated to pay any storage fees associated with storing Mrs. Sims' items. 4, The parties further agree that Mrs. Sims shall receive the 1983 Nissan Sentra which is currently titled in both parties' names. Mr. Sims agrees to sign any title and transfer documents necessary to effect a transfer of this vehicle to Mrs. Sims and Mrs. Sims will pay any costs associated with the transfer of that vehicle. 5. Mr. Sims also agrees to pay Mrs. Sims a cash payment of'$250.00 within 30 days of today's date in a final property settlement with her in this divorce action.. 6. Mr. Sims shall retain the' 1994 Chevy pickup truck which is currently titled in Mrs. Sims' name. Likewise, Mrs. Sims agrees to sign any documents necessary to effect the transfer of this vehicle to Mr. Sims at Mr. Sims' sole expense. 7. The title transfers on both vehicles shall be conducted by the parties within 30 days from today's date. 8. Mr. Sims shall retain all his tools that are currently in his possession and/or stored in Colorado in the storage shed. Both parties acknowledge that the travel trailer currently in Mr. Sims' possession is actually titled in his mother's name and that Mrs. Sims is waiving any claims thereto. 9. Finally, except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes .any and all rights he 'or she may now have or hereafter acquire under the Present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Would you go on the record with your client, please. MS. CLOUGH: Mr. Sims, did you hear the settlement agreement that I just dictated into the record in this divorce action this morning? MR. SIMS: Yes. MS. CLOUGH: Did you understand the property transfers and the waiver of rights that I dictated? MR. SIMS: Yes. MS. CLOUGH: Do you agree to the terms and conditions of the settlement just set forth on record? MR. SIMS: Yes. MS. CLOUGH: Do you understand that you are obligated to tender a cash payment to YOur wife in the amount of $250.00 within 30 days of today? MR. SIMS: Yes. MS. CLOUGH: And that you are also required to cooperate in the title transfers of the vehicles? MR. SIMS: Yes. MS. CLOUGH: Are you satisfied with your legal representation in this case? MR. SIMS: Yes. MS. CLOUGH: Do you agree to the terms and conditions that we have just set forth? MR. SIMS: Yes. MS. CLOUGH: Do you have any questions or anything that you do not understand this morning about this prOcess? MR. SIMS: No. MS. FRECHETTE: Mrs. Sims, did you hear and understand the settlement agreement as dictated by Attorney Clough this morning? MRS. SIMS: Yes, I did. MS. FRECHETTE: Did you understand the transfer of property to be 'involved? MRS. SIMS: Yes. MS. FRECHETTE: Did you also hear and understand the waiver of all rights, including any rights to alimony or alimony pendente lite? MRS. SIMS: Yes. MS. FRECHETTE: Do you understand that Mr. Sims is to continue to pay for the storage in the Colorado units. through December 31 of 2002 but thereafter he shall no longer be required to pay for any storage of your items? MRS. SIMS: Yes. MS. FRECHETTE: Did you also understand that the titles will be transferred to the vehicles within 30 days of this date? MRS. SIMS: Yes. MS. FRECHETTE: Are you satisfied with this agreement as dictated this morning? MRS. SIMS: Yes. (A discussion was held off the record.) THE MASTER: Mrs. Sims had a question regarding delivery to her of keys for the storage units in Colorado. Mr. Sims has indicated that he should be able to have keys to her within 7 days of today's date. Mrs. Sims, does that take care of your inquiry? MRS. SIMS: Yes. THE MASTER: Mr. Sims, you understand that you will have those keys to her within a week?. MR. SIMS: Yes, sir. THE MASTER: Do you understand, Mrs. Sims, that you are bound by the terms of the agreement even though there is no signing of the document today? MRS. SIMS: Yes, I do. THE MASTER: Mr. Sims, likewise, do you understand that you are bound by the terms of this agreement even though you are not going to come back and sign it? MR. SIMS: Yes. THE MASTER: Let me put on the record the addresses of the parties. Mr. Sims, would you give us your address for the record? MR. SIMS: 117 Timberlane Road, Clarksboro, New Jersey, 08.020. 17013. MRS. SIMS: 1153 Harrisburg Pike, Carlisle, PA, Copies to: Troy J. Sims, Plaintiff Joanne Harrison Clough, Attorney for the Plaintiff Eileen R. Sims, Defendant Jennifer L. Frechette Attorney for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TROY J. SIMS STATE OF ~~ PENNA. NO. 01-2536 VERSUS EILEEN R. SIMS DECREE IN , IT IS ORDERED AND ~ AND NOW, DECREED THAT Troy J. Sims , PLAINTIFF, Eileen R. Sims AND , 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 terms of the parties' Marital Settlement Agreement as set forth in the transcript before the Divorce Master on September 17, 2002 and attached hereto are incorporated herein but not merged herewith. ~PROTHONOTARY