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HomeMy WebLinkAbout09-7224IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARC E. KHAN, NO. 0? - 7W ?Ivi( ( ertA Plaintiff VS. : CIVIL ACTION - LAW DONNA M. RHAN, 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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 the Cumberland County Court House, Carlisle, Pennsylvania 17013. 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefono: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARC E. RHAN, Plaintiff VS. . NO. DONNA M. RHAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING MARC E. RHAN, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. iAR-CE. Date: !o RHAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARC E. RHAN, Plaintiff VS. DONNA M. RHAN, Defendant NO. 0 9- 7,a a y Cam( -7;, CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 9th day of October, 2009, comes the Plaintiff, Marc E. Rhan, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Marc E. Rhan, is an adult individual who currently resides in Cumberland County and whose mailing address is P.O. Box 1006, New Kingstown, PA 17072. 2. The Defendant, Donna M. Rhan, is an adult individual who currently resides at 232 Edenderry Way, Enola, Cumberland County, PA 17025. 3. The Plaintiff and Defendant were married on or about April 10, 1982 and separated on or about June 30, 2008. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests this Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. The preceding paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 11. The Plaintiff and Defendant have not yet agreed upon an equitable distribution of said property. WHEREFORE, the Plaintiff requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the final divorce decree. Respectfully submitted, G. Patrick O'Connor, Esquire Attorney for Plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 VERIFICATION I, MARC E. RHAN, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authori a under 18 Pa.C. ec. 4904. t, -I ?](? MARC E. RHAN Date: 10-9-09 r:,rc FILEC-C't r.r TL NE: L'' l?AY I - ii III. 2009 OCT 21 Fill 12: 5-, $ 314. so Po ATrY Gv-* 3M-0 r? aaa34 lI ' G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARL E. RTIAN, Plaintiff v~. DONNA M. R.HAN, Defendant ~~ NO. 09-7224 Civil Term CIVIL ACTION - LAW 1N DIVORCE AC(:EPTANCE OF SERVICE r~ c n ~; --- --~ rn z n '~ ~-_ -v ~ - ~'.~ ~ oCs ~ W ~ "rf Dn 3 ~.__ a c~ ~: ~ . `~ ~- ~ fy ; ~ ~ cn ~ '_~ I. Donna M. Rhan, Defendant herein, do depose and say that I personally received and accepted service of a true and. correct. copy of the Complaint in Divorce and Notice to Defend and Claim Rights in the above captioned action on the T~ _ day of October, ?009, and I accept same by my signing below. [ 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. §904 re Iating to unsworn falsification to authorities. r ~y/~ DATE: %~ N1 2rf'" ~~ ~L~ -~~~ ~?~-~-~1' ~~' DONNA l~h. Rxa?~ f ~ao~ -- 17,2,x- ~ ~< ,i, ~ -`7c'~~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT' t THIS AGREEMENT made and entered into this (v ~ ~ay of ~'~~'ry~~~,._ by and between MARL E. RHAN, of Cumberland County, Pennsylvania, party of the c~ ~-.~ first part, hereinafter referred to as "Husband," and DONNA M. RHAN, of Cuml~lar ..~ rn~ ~ ~~~ Cowlty., Pennsylvania, party of the second part, hereinafter referred to as "Wife -'~ "~r~ ~n N ~L":J WITNESSETH: <a ~ ~~~ - z o ~ ~ ~ c°~ WHERF,AS, the parties hereto are husband and wife, having been manln ~ ,--,,,~„~ --~ -< cn cs", ~ April 10, 1982, and separated on Jame 30, 2008; WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pw-suant to Section 3301(c) of the Divorce Code of Pennsylvania. ?~fOW, THEREFORE, in consideration of the foregoing and in fiirthc;r consideration of the covenants anal promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and ~~aluable considerations, it is agreed as follows: ,,. I . SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each rnay_ for his or her separate use o~~ benefit. conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, ;harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. ~. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself; his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns., or any of them, of and from any and all claims. demands, damages, actions, causes of actions. or suits at law or in equity. of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof:, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement. and 2 ~~ sl~~all in no way affect arty cause of action. in absolute divorce which either party may have against the other party. 4. FINANCIAL DISCLOSURE. The parties waive their rights to requu~e the fi]ing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or an~~ part thereof. S. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. fhe parties have attempted to distribute their marital property in a manner which confirms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. REAL ESTATE. Husband and Wife own a single family home located at 232 Edenderry Way_ Enola. PA 17025, (hereinafter referred to as "Real Estate") which was purchased for appro~il~nately $345,000 in 2007 and which was the marital residence. Said Real F,state is encumbered by a mortgage loan and a home equity loan, fc~r whicl~~ a total of approximately $270,000 is owed. Husband and Wife agree that said Real Estate shall be listed for sale with a real estate agent who shall he -, G~, acceptable to both parties. The asking price and the final sates price shall be mutually agreed upon by the parties. Net proceeds realized from sale of the Real Estate shall be divided equally. The sales agreement shall provide that the buyer of the Real Estate provide separate and equal checks made payable to each of the parties. In the event that there is a net toss from sale of the Real Estate, the parties shall each be responsible for paying one-half of the net loss. Prior to the sale and settlement for the Real Estate.. the parties shall each provide fifty percent (50%) of the funds necessary to pay the monthly mortgage obligation, as well as to pay for taxes, utilities, repairs and maintenance related to the Rea] Estate. B. RETIREMENT ACCOUNTS AND PENSION PLANS,. Husband has a 401(k) account through his employer. Wife has a 401(k) account through her employer and a pension plan through Della. Dental of Pennsylvania. E~,cept as otherwise provided, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension plan. Retirement Plan. IRA Accowit, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan. andior other retirement type plans of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans'). Hereafter the Retirement Plans shall become the sole and separate property 4 t of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums rYOni the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. C. MOTOR VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as follow,>: Wife's Vehicle. Wife shall retain the 2012 Nissan Rogue, which was purchased solely by wife. It: shall be her sole and separate property. Wife shah be responsible for making all payments related to said vehicle. Husband's Vehicle. Husband shall retain the 2006 Chevrolet Avalanche truck, which is encumbered by a loan. It shall be his sole and separate propertd~. Liens. In the event that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it suh}ect ~o said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other paz-ty harmless from said lien or encumbrance. Waiver. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 5 ~~~ f D. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS.. The parties each had cash assets at the time of separation in addition to a bank account at Metro Bank that is currently in existence and being used for the purpose of pooling funds with which to pay expenses related to the marital residence. The parties agree that any ful~ds remaining in the account at Metro Bank following sale and settlement of the marital residence shall be divided equally between Husband and Wife. In regard to other financial accounts owned by either party at the time of separation, the parties agree that they have distributed to each.. to their mutual satisfaction, the sums deposited in the marital bank accounts. The parties further agree that they shall retain as their respective soli and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except arrr such funds or accounts otherwise designated in this Agreement. r'.. COUNSEL FEES AND COSTS. Each party hereby waives any right and/or 4:laim each may have, no~,v or in the future., against the other for counsel fees, costs and expenses. ?. DEBTS. Marital Debt. During the course of the marriage, Husband and Wife may have incurred certain bills and obligations. It is hereby agreed, without ascertaining for what pur)~ose and to whose use each of the Maritai Debts were. incurred. as follows: Husband shall be solely liable for and shall timely pa}~ all debts for credit cards, loans, debts and liabilities incurred in Husband"s individual 6 '~ name, unless provided for otherwise in this Agreement; and Wife shall be sale(y liable for and shall timely pay all debts for credit cards, loans, dents and liabilities incurs°ed in Wife's individual name unless provided fir otherwise in ttlis Agreement. General Provisions. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise specifically pnwided herein, there shall be no adjustment for the payment of any portion of the Marital debts that a party may have made prior to the execution of this Agreement, whether or not that debt is specifically referenced in this Paragraph. 8. ALIMONY, SPOUSAL SUPPORT, ALIMONY PENDENTE LI"TE. 'The parties acknowledge that each has income and assets satisfactory t:o meet his or her own reasonable needs. Each party waives any claim he or she may have ,against the other for alimony, spousal support or alimony pendente lite. 9. CHILD SUPPORT PAYMENTS. Husband shall pay to Wife. ~250.~O a month as child support so long as Husband is making one-half of the mortgage payments for the marital residence. At such time as Husband is no longer making ane-half of the monthly mortgage payment, Husband shall pay Wife $SOQ.00 a rr~onth as child support. Said payments will continue until such time as their daughter is under the age of 22, single, and. enrolled in college for the ~-nupose of obtaining her first degree. At such time as the divorce is finalized, ~%ife shall be entitled to the rent. and insurance payments made by their son, Nat}ian. 10. INCOME TAX RETURN. In the event that any federal income tav is owed Far any years in which a joint federal income tax return was filed prior to th.c 7 j~, e~:ecution of this Agreement, the parties hereby agree that each shall pay fift:y~ percent (50%) of the amount owed. In the event that any federal income tax refund is due for any years in which a joint federal income tax return was filed prior to the execution of'this Agreement, the parties hereby agree that each shall be untitled to an amount equal to fifty percent (50%) of the total refund due. 1 L INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 7, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liabilitti~ or claim on account of said debts and obligations from and after the date hereof. l 2. FUTURE OWNERSHIP OF PROPERTY. Each of the parties 1lereto may l~.ereafter own and enjoy, independently of any claims or rights of the other. all il:ems of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as full~~ and effectively in all respects and for all puzposes as though he or she were unmarried. 13. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel tees, costs and expenses in the event of a divorce, and equitable distribution ~f marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this .Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court: relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 14. EFFECT OF DIVORCE DECREE. The parties covenant and a~~ree that unless otherwise specifically provided herein, this Agreement shall continue in bill force and effect after such time as a final decree in divorce may be entered with respect to the parties. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state. country or -turisdiction. each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or fiarthe.r modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry oz cohabitate, it being understood by and betwee^ the parties hereto that this Agreement shall be incorporated i.n but shall not be merged into a decree- judgment, or order of divorce or separation.. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference pinto any divorce, judgment or decree. This 9 l~• incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 15. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party acid save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 16. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other C,~arty any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this ~'~greement. 17. DIVORCE. This Agreement shall not be construed to affect or bar the right crf either Husband or Wife to an absolute divorce on legal and truthful growids as they now exist or may hereafter arise. This Agreement is not intended to condone and shall not he deemed to he a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that ~°ife will pursue an action in divorce pursuant to Section 3301(c) of the Divorce 'ode of 10 ~~ Pennsylvania, on the grounds that the marriage is irretrievably broken. and that both parties agree to execute and file the appropriate affidavits of consent, necessary to complete said action in divorce on the basis of mutual consent. 18. BANKRUPTCY. The parties further warrant that they have not heretofore instittrted any proceedings pursuant to the bankruptcy taws nor are. there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the Parties incidental to their divorce and the ~:~bligations of the parties to each other resulting therefor shall not be dischargable i n bankruptcy, should either party file for protection under the Bankruptc~~ Code at any time after the date of execution of this Agreement. 19. SEVERABILITY. The waiver of any term, condition, clause or' provision of this Agreement shall in no way be deemed or considered a waiver of anv other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force .and effect. 2~). BREACH OF AGREEMENT. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including but not limited to, court costs Auld counsel fees of the other party. In the event of breach, the other party shall .have /~ the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 21. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review thf: terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Husband has engaged the services of G. Patrick O'Connor, Esquire, and Wife has had ample opportunity to obtain legal counsel of her choice, and each party has carefully reviewed the terms and conditions of~ this Agreement with his or her respective counsel. F3otl~i parties ~:-ovenant and agree that they fully understand the facts upon whicl~~ this Agreement is premised and based, that they believe this Agreement to l7e fair and equitable, that said Agreement is being entered into freely and volt.tntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. "Z. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants. conditions, representations or agreements, oral or written, of any nature whatsoever. other than those contained herein. 12 23. AGREEMENT BINDING UPON HEIRS. This Agreement shall b~ binding upon the parties hereto and their respective heirs, executers, administrators and assigns. [IV~ WITNESS WHEREOF, the parties hereto, intending to be legally hound hereby. have hereunto set their hands and seals the day and year first aboye ~ rotten. WITNESSETH: ~_ MARC E. R~HAN (SE'.AL 1 13 ~~ COMMONWEALTH C>F PENNSYLVANIA ) SS. COUNTY OF CUMBERLANL> ) On this, the '~~~ day of _ ~~~~ ` ~ , 20I 2, before me, a Notary -Public in and for the state and county aforesaid, the undersigned officer, Personally appeared MARC E. IZHAN, known to me (or satisfactorily proven) to he the person described in the foregoing instrument, and. acknowledged that he execrated the same fear the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Commonw~sleh ~ him Iwwb N 1 L L .~ _~~~(SEAL) ~• PATMCK G"OONN014 NG~N1Rtt 11MlIC ~ry Public HampOen Tovnlsllipr CIIIIIIla11~11d Cowlt~r , M t,.omTisslon OCleber 2i, 201 S COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the ~? day of,y ~, PT~~G x;_ , 2012, before me, a Notary Paablic in and for the state and county aforesaid, the undersigned officer, personally appeared DONNA M. RHAN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he~ executed tl~te same for the purposes therein contained. (N ~UITNESS WHEREOF, I hereunto set my hand and official seal. „ CC~iyitJ~UftiWEa.~i~H t:;~ rtrd~yS'„_'/ANIA - .~-- .. __ _~--- _ I S E~ AL NGTARIAL. SEAL JASON ~NlRTH, Notary Public ubliC Camp t-lill Soro, Cumberland County L.~,..-~' ~Ay Gommossion Expires August 16, 2015 I4 ,'~ IN THE COURT OF COMMON PLEAS OF POTTER COLiN'TY, PENNSYLVANIA C m ~'} ~m p x -~-~ MARC' E. RHAN. NO. 09-7224 Civil Term z~ ,,~,~ ~ Plaintiff ~~ tNa o~ VS. z CO --F ~c ~"Ti CIVIL ACTION - LAW Dc-~ ~ ~ ~~ DONNA M. RHAN , Defendant IN DNORCE -x-f t~ ?~' ~~ AFFIDAVIT OF CONSENT' l . A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October. 2I, 2009 and service was completed on October 28, "?009. 2. T`he marriage of Plaintiff and Defendant is irretrievably broken and ninet~~ (~)0) days have elapsed from the date of filing and service of the Complaint. ~~. I consent to the entry of a final decree of divorce. l verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 I'a. CS. Section 4904 relating to unsworn falsification to authorities. f ~I i~? e` ,^ DATE: ~ ~ '`~ ~ I ~ ~ ~ ~~ ~ ~~ - - ~- ~-- - MARC E. RHAN, Plaintiff C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL1~~ ~ .v ° -r; --+ ~ PENNSYLVANIA Zr~*~ ~ ~-`~ z ~ "`~ ~~ ~ NO. 09-7224 Civil Term '~*' MARL E. RHAN, ~ ° Plaintiff ~~°.~ s. 3 ~~7 VS. Zp a~ _ fir'? ~r='j CIVIL ACTION - LAW _ ~ ~,. DONN ~~ M. RHAN, ~~'~ `~` Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301~c~ OF THE DIVORCE CODE i . I consent to the entry of a final decree of divorce without notice. ~:. 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 ~lnderstand that I will not be divorced until a divorce decree is entered by the Court a~~d that a copy of the decree will be sent to me immediately after it is filed with the Prothonotan~. l verify that the statements made in the foregoing 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. ~~ --- MARC E. RHAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTS", PENNSYLVANIA n _N ~ M,ARC F;. KHAN, NO. 09-7224 Civil Term ~® o ~., Plaintiff Z~ ~° c-ti -~ ~ ~•-_ r- ~ vs. ~r - ~ N ~t ~~ CIVIL ACTION - LAW r -~ ~"' ~c~ DONNA. M. RHAN, ,'~, ° ~ ~-~` Defendant IN DIVORCE ~~ .: ~ ~~ --a cn ._C' ~'1 r s _:~ AFFIDAVIT OF CONSENT i . A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October :.'.1. ?009 and service was completed on October 28, 2009. ?, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. ~. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 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 1 ~ Pa. C'.S. Section 4904 relating to unsworn Falsification to authorities. r~~ ~~~ DATE: _..~il /~ - ~y~_ ' DONNA M~ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY", PENNSYLVANIA RHAN. NO. 09-7224 Civil Term MAR(' iE; .. . Plaintiff ~ ~ , VS• ~~ 1'~tm ~ q ~ rn-r~ CIVIL ACTION - LAW ~ ~~ ~ --+ ~ m DONNA, M. RHAN, ~~. ~ d~ Defendant: IN DIVORCE ~~ ~~ a Zp =' 3 ~ -~: ~~ A~ ~ ~`r; WAIVER OF NOTICE OF INTENTION TO REQUEST ~ rn ~ ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) s -~" OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. ~. I understand that [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 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 the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4x04, relating to unsworn falsification to authorities. DONNA M. RH N Defendant. IN THE; COURT OF COMMON PL,I:AS Marc E. Khan CUMBERLAND COUNTY, PENNSYLVANIA V S. CIV[t. DTViS10N Donna M. Rhan NO. 097224 f,'I~'ll. II;KM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: n G .~. Transmit the record, together with the following information, to the court for entry o~vor~ decree: Zsn -~i Z j.,.. N t. Ground for divorce: ~= w Irretrievable breakdown under § (3301(c)) and p z4-' n ~ (Strike out inapplicable section.) ~~ 2. Date and manner of service of the complaint: ~ ~ ~ ~ October 28, 2009 by first class mail, postage pre-paid "~ 3. Complete either paragraph ~a) or (b). (a} Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 10/1 1/12 ; by defendant 10/11/12 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: -t. Related claims pending: None. All economic claims have been resolved. 5. Complete either (a I or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of w}~ich is attached: (bj Date plaintiff's Waiver of Notice was filed with the Prothonotary: contemporarily herewith Date defendant's Waiver of Notice was filed with the Prothonotary: contemporarily herewith Attorney for Plaintiff/Defendant -n --i X -s-t rn ~ C~.~ [z --+~ -Y'S o °n ~ c~ !t r= k ,~, ~,. ,. ,. Marc E. Rhan, ,. ~. i ~ - . , Plaintiff ~ - _ ,_ , ', __',' ~ ' i ~'~ 09-7224 Civil Term vs Case No. Donna M. Rhan, Defendant Statement of Intention to Proceed l~o the Court: MCare. E. Rr18f1, P~Blntlff intends to proceed with the above captioned matter. // ~ ; r Print 'vame Sign Name ^ _ `~ ~~__ ~1~ -'''~ ~~ __ -~at~~. 09/07,12012 Attorney t<,r IVlarc E. Rhan, Plaintiff Explanatory Comment fhe Supreme Court of Pennsylvania has promulgated new [2ule of Civil Procedure 230.2 governing the termination of inaGi~e cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule o/civil Procedure New RuVe of Civi] Procedure 230.2 hay, been promulgated to govern the ternination of inactive cases within the ,cope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local piles promulgated pursuant to it. New Rule. 230.2 i<~~ tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice. preempting. localrulcs. (his rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 55] Pa. 360.710 A?d 1104 (1998) in which the court held that '-prejudice to the defendant as a result of delay in prosecution i~ required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901.' Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. `l~he general policy of the prompt disposition ofmatters set forth in subdivision (a) of that rule continues to he applicably;. I I lnaclive Cases ~fh~e purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. Che process is initiated h~ the court. :after giving notice of intent to terminate an action for inactivity-, the course of the procedure is with the parties. I f the parties do not garish to pursue the case, they will take no action and "the Prothonotary shall enter an artier as ol- course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter. ]~ie or she ~.i-ill file a notice of intention to proceed and the action shall continue. i. ti'{ier~~ the action has hee~a terminated if the action is terminated when a party believes that it should not have been terminated. that party may pro~~eed under Ru1e230(d) for relief from Che order of termination. An example of such an occurrence might be the termination ,tf a viable action when the aggrieved party did not receive the notice of intent to terminate and Chus did not tirneh file the notice of intention to proceed. 37~e timing of the filing Qf the petition to reinstate the action is important. If the petition is filed within thirty da} s of the entn of the order o~f termination on the docket. subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is tiled later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must mskc a showing to the court that the petition was promptly filed and that there is a reasonable c:xplar~ation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the :,rder of ermination on the docket and for the failure rto file the petition within the thirty-day period under subdivision (c11121 l~ Where the action has riot been terminated An ,action which has not been terminated but which continues upon the tiling of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy ~~f a common law non pros which exits independently of termination under Rule 230.2. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Marc E. Rhan v. Donna M. Rhan NO. 09-7224 Civii Term DIVORCE DECREE AND NOW, Ali/~~ ~ , ?.~! s- , it is ordered and decreed that Marc E. Rhan plaintiff, and Donna M. Rhan ,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. ~~ Prothonotary . By the Court, ~ ~'er~. ~o~O /~ ~ G~c~ ~ ~ ~ ~Cvn r~ o r- cJ ~~/6/~ . _ ~ ~~