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HomeMy WebLinkAbout09-5588Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff DONNA P. BALABAN, Plaintiff V. JAMES M. BALABAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 5588 Civi I Terr" CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. v 9,. 5d 7,7 C 6; d `-.u w- JAMES M. BALABAN, : CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Donna P. Balaban, an adult individual currently residing at 911 Woodland Drive, Lemoyne, Cumberland County, Pennsylvania. 17043. 2. The Defendant is James M. Balaban, an adult individual currently residing at 911 Woodland Drive, Lemoyne, Cumberland County, Pennsylvania. 17043. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 20, 1988 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant have been living separate and apart, but residing in the same residence since on or about August 1, 2009. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) -The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. Plaintiff and Defendant have been living separate and apart, but residing in the same residence since on or about August 1, 2009. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. Date: 7 Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLI MaI T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff AFFIDAVIT I ? + ereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: 4-zl?_ ?. _ R ' ? i 33g.5o PD ,,* a a.9g4 g4 OJA017 a DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5588 Civil Term JAMES M. BALABAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, James M. Balaban, Defendant in the above-captioned matter, hereby certify that I received a Complaint in Divorce in the above-captioned matter on 2009 by first-class mail, postage prepaid, at the following address: James M. Balaban 911 Woodland Drive Lemoyne, PA 17043 I hereby certify that the aforegoing is 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. §4904 relating to unsworn falsification to authorities. d qtr Date: James M. Balaban RQ-C,?HOE , T?e PROTWONOTARY gM SEP -E PH !2: 6 GOUNTY P8+lP80ANIA DONNA P. BALABAN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNS~.VADIIA ._ ~ 4 ~ VS. CIVIL ACTION -DIVORCE m~ ~ ~~ ~-~ ~ :~. . NO. 09-5588 CIVIL TERM ---~ ~ ~ ~ ~__~ s_, JAMES M. BALABAN IN DIVORCE ?~- r- Defendant/Plaintiff ~;. ~ ~ ~ ~~r, . PACSES NO: 058111693 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 7th day of June, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on June 23.2010 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of June 15, 2010. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Date of Order: June 7, 2010 Copies mailed to: Petitioner Respondent Mindy S. Goodman, Esq. Catherine A. Boyle, Esq. M. L. Ebert, Jr., udge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 cc361 DONNA P. BALABAN, Plaintiff/R spondent VS. JAMES M. BALABAN Defendand etitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-5588 CIVIL TERM ~, IN DIVORCE n PACSES CASE: 058111693 -~_„=~ ~.. ~~- ~= ~ _.. ;= ,W - 'T.': ~~ 1 ;, ~-~ ~_~ ~ ,,,; ', ORDER OF COURT ~ t-• `" - ~ _ f_.J i f`. r~. AND NOW to w t, this 16th day of July, 2010, it is hereby Ordered that the Petition for Alimony Pendente Lite i dismissed, without prejudice, pursuant to Petitioner having an obligation for child supp rt under PACSES Case #035111672 and the child support obligation offsetting any obligation for Alimony Pendente Lite under the above captioned case. This Order shall entry of the Order to the Prothonotary for a final twenty (20) days after the mailing of the notices of the unless either party files a written demand with the Office of the de novo before the Court. BY THE COURT: -'~ M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Mindy S. Goodman, Esq. Catherine A. Boyle, Esq. Form 0E-001 Service Type: M Worker: 21005 DONNA P. BALABAN, IN THE COURT OF COMMON PLEA F ~, Plaintiff :CUMBERLAND COUNTY, PENNS N~ ;~ ~~ I vs. NO. 09-5588 Civil Term u;~ rv JAMES M. BALABAN, :CIVIL ACTION -LAW ~'~' _ '~~ Defendant IN DIVORCE ~~ ~ ~ CERTIFICATE OF SERVICE I hereby certify on this '/ / day of ~ , 2010, a copy of the foregoing ant's Answer to Plaintiff's First Set of Interrogatories and First Request for Production ~f Documents was sent via U.S. Mail, postage paid to: Donna P. Balaban Mindy S. Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Respectfully submitted, .~ Catherine A. Boyle, Es it Attorney for Defendant 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA,'- vs. NO. 09-5588 Civil Term r- -OJ Wµ" PACSES No. 058111693 JAMES M. BALABAN, CIVIL ACTION -LAW =} = = Defendant IN DIVORCE PETITION TO WITHDRAW AS COUNSEL 1. Petitioner is Catherine A. Boyle, Esquire, of Meyers, Desfor, Saltzgiver & Boyle who is presently counsel of record for James M. Balaban in the above-captioned actions. 2. Respondent is James M. Balaban, a party in the above- captioned actions. 3. Petitioner, Catherine A. Boyle, Esquire, of Meyers, Desfor, Saltzgiver & Boyle, has represented James Balaban pursuant to the above docketed action since March 23, 2010. 4. There has been a breakdown in the attorney/client relationship. At the time Respondent retained Petitioner, the Respondent signed a Retainer Agreement agreeing to pay for Petitioner's hourly fee on an ongoing basis. At present, Petitioner has completed work for Respondent for which Respondent has not paid Petitioner. 6. Petitioner has requested payment from Respondent and Respondent has refused to remit payment and has refused to comply with the terms of the Retainer Agreement. 7. The pending litigation involves various issues and the Petitioner believes that additional counsel fees, and costs will be incurred. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Petitioner has no reason to anticipate that Respondent will pay for any future incurred fees and/or costs. 9. Granting the within Petition presently will afford Respondent with ample opportunity to obtain new counsel, as there are no hearings currently scheduled. WHEREFORE, Petitioner, Catherine A. Boyle, of Meyers, Desfor, Saltzgiver & Boyle, respectfully requests that this Honorable Court grant her leave to withdraw as counsel for James Balaban. Respectfully submitted, G? atherine A. Boyle, Esquire MEYERS, DESFOR, SAL GIVER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 4 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-5588 Civil Term PACSES No. 058111693 JAMES M. BALABAN, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Catherine A. Boyle, Esquire, Attorney for James Balaban in the above-referenced action, hereby certify that on this ? day of _t- ? oLA, , 2011, a copy of the Petition to Withdraw as Counsel was sent by U.S. mail, postage epaid, addressed as follows: Donna P. Balaban Mindy S. Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 James Balaban 8 Elmhurst Road Camp Hill, PA 17011-6012 Respectfully submitted, Ca erine A. Boyle, Esquire 5 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAF => Plaintiff CUMBERLAND COUNTY, PENNS)4WN , VS. NO. 09-5588 Civil Term PACSES No 058111693 . JAMES M. BALABAN, CIVIL ACTION - LAW ;. Defendant IN DIVORCE - PETITION TO WITHDRAW AS COUNSEL Petitioner is Catherine A. Boyle, Esquire, of Meyers, Desfor, Saltzgiver & Boyle who is presently counsel of record for James M. Balaban in the above-captioned actions. 2. Respondent is James M. Balaban, a parry in the above- captioned actions. 3. Petitioner, Catherine A. Boyle, Esquire, of Meyers, Desfor, Saltzgiver & Boyle, has represented James Balaban pursuant to the above docketed action since March 23, 2010. 4. There has been a breakdown in the attorney/client relationship. 5. At the time Respondent retained Petitioner, the Respondent signed a Retainer Agreement agreeing to pay for Petitioner's hourly fee on an ongoing basis. At present, Petitioner has completed work for Respondent for which Respondent has not paid Petitioner. 6. Petitioner has requested payment from Respondent and Respondent has refused to remit payment and has refused to comply with the terms of the Retainer Agreement. 7. The pending litigation involves various issues and the Petitioner believes that additional counsel fees, and costs will be incurred. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 8. Petitioner has no reason to anticipate that Respondent will pay for any future incurred fees and/or costs. 9. Granting the within Petition presently will afford Respondent with ample opportunity to obtain new counsel, as there are no hearings currently scheduled. WHEREFORE, Petitioner, Catherine A. Boyle, of Meyers, Desfor, Saltzgiver & Boyle, respectfully requests that this Honorable Court grant her leave to withdraw as counsel for James Balaban. Respectfully submitted, Catherine A. Boyle, Esquire MEYERS, DESFOR, SALT 2 ER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 4 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5588 Civil Term PACSES No. 058111693 JAMES M. BALABAN, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Catherine A. Boyle, Esquire, Attorney for James Balaban in the above-referenced action, hereby certify that on this (D day of 2011, a copy of the Petition to Withdraw as Counsel was sent by U.S. mail, postage prepaid, addressed as follows: Donna P. Balaban Mindy S. Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 James Balaban 8 Elmhurst Road Camp Hill, PA 17011-6012 Respectfully submitted, C PA'/ Catherine A. Boyle, Esquir 5 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DONNA P. BALABAN, Plaintiff VS. JAMES M. BALABAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5588 Civil Term 058111693 PACSES No . CIVIL ACTION - LAW --0:-' IN DIVORCE rri 1-0 N co c ?a 17- e f D RULE TO SHOW CAUSE AND NOW, this day 2 of ?G'/".' 7 , 2011, upon consideration of the within Petition to Withdraw as Counsel, a Rule is hereby issued upon James M. Balaban and opposing counsel, Mindy S. Goodman, Esquire, to show cause why the within Petition to Withdraw as Counsel should not be granted. Rule returnable ten/Lys from date of service. BY THE COURT: Distribution: Catherine A. Boyle, Esquire, 410 North Second Street, Harrisburg, PA 17101, (717) 236-9428 Petitioner Mindy S. Goodman, Esquire 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112, (717) 540-8742 Attorney for Plaintiff James Balaban, 8 Elmhurst Road, Camp Hill, PA 17011-6012, (717) 395-3960 Defendant gyp; es rn a ,/?o! a?a gli? MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 DONNA P. BALABAN, Plaintiff vs. JAMES M. BALABAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5588 Civil Term -.2 PACSES No 058111693 s . r r CIVIL ACTION -LAW IN DIVORCE _ F raj r.? co C0 rVf?'? t ri RULE TO SHOW CAUSE - AND NOW, this day of 2011, upor consideration of the within Petition to Withdraw as Counsel, a Rule is hereby issued upon James M. Balaban and opposing counsel, Mindy S. Goodman, Esquire, to show cause why the within Petition to Withdraw as Counsel should not be granted. Rule returnable ten days from date of service. BY THE COURT: Distribution: Catherine A. Boyle, Esquire, 410 North Second Street, Harrisburg, PA 17101, (717) 236-9428 Petitioner Mindy S. Goodman, Esquire 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112, (717) 540-8742 Attorney for Plaintiff James Balaban, 8 Elmhurst Road, Camp Hill, PA 17011-6012, (717) 395-3960 Defendant e&pi cs maded Age MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF 0! Plaintiff CUMBERLAND COUNTY, PENNS)?.V)?iIA7 vs. NO. 09-5588 Civil Term z v = - -am " PACSES No. 058111693 Mr C°vI, Z JAMES M. BALABAN, CIVIL ACTION -LAW Defendant IN DIVORCE --? o ORDER -` AND NOW, this day of ^C c ? , 2011, it is hereby ORDERED and DECREED that Catherine A. Boyle, Esquire and Meyers, Desfor, Saltzgiver & Boyle, are granted leave to withdraw as counsel of record for James M. Balaban. BY THE COURT: Distribution: Catherine A. Boyle, Esquire, 410 North Second Street, Harrisburg, PA 17101, (717) 236-9428 Petitioner Mindy S. Goodman, Esquire 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112, (717) 540-8742 Attorney for Plaintiff James Balaban, 8 Elmhurst Road, Camp Hill, PA 17011-6012, (717) 395-3960 Defendant Marled C 3'?IprlS MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 <' r FILED-OFFICL f''t 7^f' I_ rTi3!ll f`°t.11Prsa.i',, f "I)I I JUL 29 AM I!= 29, `,UMBERLANU t.0UN 1." % PENNSYLVANIA DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-5588 CIVIL TERM JAMES M. BALABAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Donna P. Balaban, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested, other than updated financial information and tax returns which would be exchanged in advance of a Master's hearing. (2) The Defendant was previously represented by Catherine A. Boyle, Esquire of Meyers, Desfor, Saltzgiver & Boyle (3) The statutory grounds for divorce are Sections 3301(c) or 3301(d) (4) Check the applicable paragraph(s) () The action is not contested () An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the following claims: divorce, and distribution of property. (5) The action does not involved complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the Motion: N/A Respectfully submitted, ?. 'Z Mindy S. Goo an, Esquire Supreme Court ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-5588 CIVIL TERM JAMES M. BALABAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE I, Mindy S. Goodman, Esquire, attorney for Plaintiff, Donna P. Balaban, hereby certify that I have served a copy of the foregoing Motion for Appointment of Master on the following date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Mr. James Balaban 4 Elmhurst Road Camp Hill, PA 17011 ti By: Mindy S. Goodman, Esquire Supreme Court ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff F? DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-5588 CIVIL TERM JAMES M. BALABAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF DONNA P. BALABAN Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and al property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: ? -2 `?-- ' I P. Balaba'A Plaintiff MW c_ - :Z ;)o -?? cc r- z --+c? v? :D-n --Tt f :7 w.? ASSETS OF PARTIES Plaintiff marks on this list below those items applicable to the case at bar and itemized the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( ) 1. Real Property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (X) 5. Checking Accounts, cash (X) 6. Savings Accounts, money market ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside of the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) (X) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans Individual Retirement Accounts (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of assets is in dispute) ( ) 26. Other MARITAL PROPERTY ITEM NUMBER DESCRIPTION OF PROPERTY OWNER 2 2001 Lexus (unencumbered) Titled H's name FMV = $15,000 marital property 2 1999 Toyota Avalon Titled Joint names (unencumbered) marital property FMV = $500 2 2008 Nissan Ultima Titled W's name (encumbered) non-marital property 5 PSECU Checking Wife's name $300.00 (Funds deposited after separation) 5 Funds in escrow Joint - proceeds $1,300.00 sale of marital residence 5 Husband's Checking Account Husband's name unknown unknown ITEM NUMBER DESCRIPTION OF PROPERTY 6 PSECU Savings $500.00 OWNER Wife's name (Funds deposited after separation) 9 Universal Life Joint - Husband Cash Value = ? cashed prior to separation 16 Husband has received severance pay but exact amount and when received are unknown to Wife 18 SERS Retirement Value DoS = $314,533.31 19 IRA Value 3/31/10 = $35,573.29 Wife's name Marital Asset Husband's name Marital Asset r , DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-5588 CIVIL TERM JAMES M. BALABAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE EXPENSE STATEMENT OF DONNA P. BALABAN I, Donna P. Balaban, verify that the statements made in this Expense Statement 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. 77 - l Date: -2 P. Bala an, Plaintiff c 1 x? :? ~v, Monthly Total EXPENSES Home Mortgage or Rent 800.00 Maintenance 25.00 Lawn Care 10.00 Second Mortgage UTILITIES Electric 60.00 Gas 275.00 Oil Home Phone Cell Phone 129.00 Water 42.00 Sewer 50.00 Cable TV/Internet 55.00 Trash/Recycling 15.00 Other TAXES Real Estate Personal Property Personal 22.00 Monthly Monthly Children Parent Monthly Total INSURANCE Homeowners/Renters 16.00 Automobile 125.00 Life 54.00 Accident/Disability Excess Coverage Long-Term Care AUTOMOBILE Lease or Loan Payments 250.00 Fuel 210.00 Repairs 100.00 Memberships 12.00 MEDICAL Medical Insurance Doctor 45.00 Dentist ($4,000 in 2011/12) 350.00 Hospital Medication 20.00 Counseling/Therapy 15.00 Orthodontist Special Needs (glasses, etc.) 10.00 Monthly Monthly Children Parent Monthly Total EDUCATION Tuition Tutoring Lessons/Activities 25.00 Other (computer/books) 50.00 PERSONAL Debt Service Clothing 100.00 Groceries 280.00 Hair care 80.00 Memberships 20.00 MISCELLANEOUS Child Care Summer Camps Papers/Books/Magazines 30.00 Entertainment 10.00 Pet Expenses 25.00 Vacations 125.00 Gifts 50.00 Legal Fees 310.00 Professional Fees 20.00 Monthly Monthly Children Parent Charitable Contributions 64.00 Children's Parties Children's Allowances Other 0 TOTAL MONTHLY EXPENSES $3,879.0 P • r . DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-5588 CIVIL TERM JAMES M. BALABAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE INCOME STATEMENT OF DONNA P. BALABAN I, Donna P. Balaban, verify that the statements made in this Income Statement 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. Date: ?" L I l Donna P. Balaban, Plaintiff cn > rv w CD , -? ---4 o ? INCOME Employer: Legislative Management Committee Employer Address: Capitol Complex Type of Work: Press Secretary/Clerk Pay I D: 6128 Pay Period: Biweekly Gross Pay per Pay Period: $1,867.00 Itemized Payroll Deductions: Federal Withholding $120.21 Social Security Tax $78.41 Local Wage Tax $37.34 State Income Tax $57.32 Mandatory Retirement $116.69 Medical Tax $27.07 (will soon pay for health insurance coverage) Unemployment Comp $1.49 Local Services Tax $2.00 Other Net Pay per Pay Period $1,426.47 Other Income Week Month Year Interest $1.41 Dividends 5.09 Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Child Support Other TOTAL TOTAL OTHER INCOME 6.50 1 PROPERTY OWNED Checking Accounts Savings Accounts Credit Union Accts Stocks/bonds Real Estate Investment Accts Other INSURANCE Medical Health/Accident Disability Income Dental Vision Life Other Ownership Description Value H W J PSECU 300.00 X _ PSECU $500.00 X _ Total 800.00 Coverage Company Policy No. H W J Blue Cross PHU80093618600 X X _ United Concordia 85045300 X Blue Cross as above x Am Gen YM 00634456 X Prudential 91475 X DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-5588 CIVIL TERM V . JAMES M. BALABAN, :CIVIL ACTION -LAW mCO 'ma' Defendant : IN DIVORCE :Z"n z;o r c? r" -ar -< > C:)° ORDER APPOINTING MASTER r -? AND NOW, this o?A day of 2M 1, Esquire is appointed Master with respect to the following claims: divorce and distribution of property. BY THE COURT: Distribution: ? Mindy S. Goodman, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112, Attorney for Plaintiff James Balaban, 4 Elmhurst Road, Camp Hill, PA 17011, Defendant Alto"' (oples M 8/61'11 Da 0 ?j OF THE pRoTHONOTARf 2413 SEP 10 AM 11 09 Mindy S. Goodman, Esquire Supreme Court ID NO. 78407 CUMBERLAND COUNTY 2215 Forest Hills Drive—Suite 35 PENNSYLVANIA Harrisburg, PA 17112 (717) 540-8742 DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-5588 CIVIL TERM JAMES M. BALABAN, : CIVIL ACTION — LAW Defendant : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE NOTICE 1. The parties to this action separated on or before August 1, 2009, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. Date: Donna P. Balaban, Plaintiff James M Balaban 700 Nailor Drive, Apt. 101 Camp Hill, PA 17011 717-737-7435 DONNA P. BALABAN, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA • v. :No. 09-5588 CIVIL TERM c • JAMES M BALABAN, :CIVIL ACTION — LAW z 1a° Defendant: :IN DIVORCE ; c NOTICE TO THE PLAINTIFF If you wish to deny any of the statements set forth in this affidavit,lou`' must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE NOTICE 1. The parties to this action separated on March 19. 2010 and have continued to live separate and apart for period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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. Date: ,ini A I s M. Balaban, Plaintiff James M Balaban 700 Nailor Drive, Apt. 101 Camp Hill, PA 17011 717-737-7435 DONNA P. BALABAN, •IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA • v. :No. 09-5588 CIVIL TERM t= JAMES M BALABAN, :CIVIL ACTION - LAW Defendant: :IN DIVORCE -"'0' r— yam.C"7 -r; > c ' CLAIM OF RIGHTS AND NOW, comes the Defendant, who files the following claim of rights: 1. The Defendant hereby claims counsel fees and expenses in the above-captioned action. WHEREFORE, Defendant requests this Honorable Court, in conjunction with the Decree in Divorce, to enter an Order granting reasonable counsel felh s and expenses to the Defendant. Date: M ! lA )4,I es M. Balaban, Plaintiff DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PE, INSYLVQNIA �:. Vs. NO. 09—5588 CIVIL -0 JAMES M. BALABAN, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code wag fii6d'Augi-st 11, 2009. 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. 1 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 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 unsworn falsification to authorities. Date: PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER&3301 W OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 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 unsworn falsification to uthorities. Date: 3 ell L �— DONNA P. BALABAN, IN THE COURT OF COMMON P EAS,_QF Plaintiff CUMBERLAND COUNTY, PIN LVANIA ro� o�—. Vs. NO. 09—5588 CIVIL ' •.;�� D JAMES M. BALABAN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed August 11, 2009. 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. 1 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 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 unsworn falsification to authorities. Date: I S CA-, /�,,z DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER&3301 W OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 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 unsworn falsification to authorities. Date: DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 5588 CIVIL 4R JAMES M. BALABAN, ° Defendant IN DIVORCE W -a ORDER OF COURT a qtA AND NOW, this d4/4 day of _:'_' I' -P� 2013, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on December 5, 2013, the date set for a Master' s hearing, the agreement and stipulation having been transcribed, and the parties having agreed that the agreement on the record binds them to the terms of settlement without affirming signatures, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, 4444, Kev'n A. Hess, P.J. cc : ,/Mindy S. Goodman Attorney for Plaintiff /James M. Balaban (Pro Se) J • Defendant •,> rg) 1 G ( f ;lei° �t'LfI , ' Mindy S. Goodman IrESYE Supreme Court ID No. 78407 2215 Forest Hills Drive—Suite 35 Harrisburg, PA 17112 (717)540-8742 DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 09-5588 JAMES M. BALABAN, : CIVIL ACTION — LAW Defendant : 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: 1. Ground for divorce: Irretrievable Breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant on August 26, 2009 and previously recorded. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 12-5-13 ; by Defendant 12-5-13 . 4. Related claims pending: NONE 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 12-9-13 ; by Defendant 12-9-13 . Respectfully submitted, Date: ) 2 J --1,3 �•. � Mindy S. Goo man, Esquire : IN THE COURT OF COMMON PLEAS OF DONNA P. BALABAN : CUMBERLAND COUNTY, PENNSYLVANIA • V. • • JAMES M. BALABAN • NO. 09-5588 CIVIL TERM DIVORCE DECREE AND NOW, w ,3r? , ,ZO/3 , it is ordered and decreed that DONNA P. BALABAN plaintiff, and JAMES M. BALABAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, Attest: J. AiX41 Prothonotary Ceti mailed -to GUL4( acrx mere t\Jb Fite +Qopti mai led c1 t poi 14i/115 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNkYLV iNIA. C'Tl4Ai C_ VS. NO. 09 - 5588 CIVIL 3 :... co CD JAMES M. BALABAN, Defandant IN DIVORCE ' r ; THE MASTER: Today is Thursday, December 5, 2013 . This is the date set for a hearing in the c. . above-captioned divorce proceedings. ,, 1 Present in the hearing room are the Plaintiff, Donna P. Babalan, and her counsel Mindy Goodman, and the Defendant, James M. Babalan, who is not represented by counsel . This matter was before the Master this morning and we took testimony on the issues that have been raised and after considerable discussion and negotiation this afternoon, the parties have come to an agreement to resolve all issues . An agreement is going to be placed on the record in their presence. The divorce complaint was filed on August 11, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, although a 3301 (d) affidavit has been filed previously, the parties today have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301 (c) of the 1 r Domestic Relations Code. The affidavits and waivers will be filed by the Master' s office with the Prothonotary' s office. On March 26, 2010, an answer and counterclaim were filed on behalf of the Defendant . The counterclaim raised economic issues of equitable distribution, alimony pendente lite, support, counsel fees and expense, and alimony. There was also grounds for divorce of adultery raised but that is irrelevant inasmuch as we have agreed to conclude the divorce under Section 3301 (c) of the Domestic Relations Code. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties relating to all issues. The agreement will not be subject to any modifications or revision except for correction of typographical errors which may be made during the transcription. Therefore, upon the entry of the agreement on the record, the parties will be bound by the agreement when they leave the hearing room today even though there is no subsequent signing of the agreement affirming the terms of settlement. Mr. Balaban indicated he will reserve the right to request that he have a chance to review the agreement if he wishes to sign affirming the agreement subsequent to the statement of the 2 agreement on the record. The signing of the agreement is simply an affirmation of the terms of settlement which are final when the parties leave the hearing room today and cannot be, as the Master indicated, modified or revised. The parties were married on August 20, 1988, and the Master has concluded, after testimony today, that the date of separation is the date of the filing of the complaint in divorce, which is August 11, 2009 . With respect to the issue relating to the date of separation, that date as provided in the findings of the Master as stated previously will be the date used to determine the asset values, if necessary. Ms. Goodman. MS. GOODMAN: The parties have reached an agreement with regard to all outstanding issues related to equitable distribution of the marital estate. Assets consist of the following: 1 . Wife' s SERS pension valued at $314 , 533 . 00 as of the date of separation. 2 . Husband' s IRA valued at $35, 573 . 00 as of the date of separation. 3 . Wife ' s checking account with PSECU valued at $300 . 00 as of the date of separation. 4 . Wife savings account with PSECU valued at $500 . 00 as of the date of separation. 5 . Funds held in escrow from the sale of the marital residence totalling $1, 300 . 00 . 6 . All assets shall be divided equally between the 3 parties. 7 . The cost of a QDRO to divide the SERS pension will be shared equally between the parties. 8 . Husband shall provide wife ' s counsel a current statement showing the value of the IRA within ten (10) days hereof . 9 . With regard to the Domestic Relations Order dividing wife ' s SERS pension, the parties have agreed to use a coverture formula with the numerator of 252 months of marriage as of the date of separation. 10 . Wife shall give husband $1, 500 . 00 from her share of the IRA as payment for debt husband claims to be marital . The money rolled over to wife will be put into an account that she has in existence or will establish for the purpose of accepting the rolled over money from the IRA. 11 . With respect to the tangible personal property, the parties agree that each will keep the property in his or her possession currently without any claims against the other party. There has been some mention about having some records returned to husband and if wife has the records, she has agreed to return them to husband. 12 . 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: Ms. Balaban, you heard the agreement as stated on the record? MS. BALABAN: Yes. THE MASTER: Do you understand it? 4 MS. BALABAN: I think so. Yes . THE MASTER: You don' t have any questions that you need clarified as far as the agreement? MS. BALABAN: No. THE MASTER: You' re willing to accept the agreement as a final settlement of all claims in this action? MS. BALABAN: Absolutely. THE MASTER: And you understand that when you leave here today, you are bound by this agreement even though there is no subsequent signing of the agreement? MS. BALABAN: Yes . THE MASTER: Mr. Balaban, you've been present during the statement of the agreement on the record? MR. BALABAN: Yes . THE MASTER: Do you understand the agreement? MR. BALABAN: Can we go off the record? (Whereupon, a discussion was held off the record. ) THE MASTER: Back on the record. Mr. Balaban, we had a discussion off the record to talk about the IRA distribution and the pension distribution, do you understand the explanation that we have had off the record? MR. BALABAN: Yes, I do. THE MASTER: And are you willing to settle 5 this case based on the agreement that has been stated on the record? MR. BALABAN: Yes . THE MASTER: And you understand that you are bound by this agreement when you leave the hearing room today even though there is no subsequent signing of the agreement? MR. BALABAN: Yes . THE MASTER: Do you want to have the agreement sent around for signature or are you satisfied that we can send it up to the Court without signature with your affirmation on the record today asking the Court to enter a decree? MR. BALABAN: Yes, I am okay with no further signatures . THE MASTER: All right. Ms . Balaban, are you 6 satisfied that we can send this up to the Court without having it signed and affirmed by a signature? MS. BALABAN: Yes . THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Mindy S. Goodman Donna P. Balaban Attorney for Plaintiff James M. Balaban 7 DONNA P. BALABAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 5588 CIVIL JAMES M. BALABAN, Defendant • IN DIVORCE ORDER OF COURT AND NOW, this dU ✓ day of (Ag, / 2013 , counsel and the parties having entered into an agreement and stipulation resolving the economic issues on December 5, 2013 , the date set for a Master' s hearing, the agreement and stipulation having been transcribed, and the parties having agreed that the agreement on the record binds them to the terms afsettiement without affirming signatures the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, Kevn A. Hess, P.J. cc : ,/Mindy S . Goodman Attorney for Plaintiff • � •� /James M. Balaban (Pro Se) J Defendant o a , 1 1-O i 4"t C DONNA P. BALABAN, : IN THE COURT OF COMMON PLEAS r Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA.` I - )> V. : No. 09-5588 CIVIL TERM c JAMES M. BALABAN, : CIVIL ACTION—LAW 2;C) Defendant : IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONNA P. BALABAN, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered on December 30, 2013, and she hereby elects to resume the prior surname of DONNA MARIE PINKHAM and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, P.L. 1063, 54 PA. C.S.A. 704. Do na P. Balaban To be known as 2 Donna Marie Pinkham Sworn and subscribed to Before me this 44L_day of 5acw• � , 2014 Notary Public COMMONWEALTH Of PENNSYLVANIA +� t NOTARIAL SEAL �, MINOY S GOODMAN Notary Public LOWER PAXTON TWP.,DAUPHIN COUNTY My Commission Expires May 21,2017 /2—