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HomeMy WebLinkAbout09-8682C? Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff MARISA A. STIPE, Plaintiff V. DONALD E. GOODYEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 8l0&2 aiv l Terw : 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 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 Courthouse, Carlisle, PA. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff MARISA A. STIPE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09- S?'G P .2 CJ e -, DONALD E. GOODYEAR, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Marisa A. Stipe, by and through her attorney, Patricia J. Romano, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Marisa A. Stipe, is an adult individual who resides at 213 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Donald E. Goodyear, is an adult individual who resides at 79 Hillside Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 29, 2007. 5. Plaintiff avers that there are no children to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on December 1, 2009.. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and Defendant. Respectfully Submitted, 6 Patricia J. Romano, 4711 Locust Lane Harrisburg, PA 17 (717) 657-0632 jd-K-0) Id. No. 88161 Dated: / VERIFICATION 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.A. Section 4904 relating to unsworn falsification to authorities. By: ` Mari Ann Stipe Date: / ?? k pp A'C?Y ?, 35d. • oo A.;561(05 MARISA A. STIPE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNS A Ay, v. NO. 09-8682 DONALD E. GOODYEAR, : CIVIL ACTION -LAW Defendant : IN DIVORCE -- w tv AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after 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.A. Section 4904 relating to unsworn falsification to authorities. Date: Ll - 0/ y 'X14,1? 0 Maria A. Stipe O MARISA A. STIPE, Plaintiff V. DONALD E. GOODYEAR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA N NO. 09-8682 CIVIL ACTION - LAW DA- ? ©% Defendant IN DIVORCE w WAIVER OF NOTICE OF INTENTION TO REQUEST ENY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division 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. §4904, relating to unsworn falsification to authorities. Date: U ari A. S t i p e MARISA A. STIPE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-8682 Rl r j A "' t7 2 fTlt?- r r, DONALD E. GOODYEAR, : CIVIL ACTION -LAW N O rn 13 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT co -`mac 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after 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.A. Section 4904 relating to unsworn falsification to authorities. Date: 4?kTL 13 PO O tl x l? . Donald E. Goodyear MARISA A. STIPE, : IN THE COURT OF COMMON PLEASO ,, , , cz? Plaintiff : CUMBERLAND COUNTY, PENNSY V #NM V. NO. 09-8682 Crs ..- - 22 rv 7 : 19 DONALD E. GOODYEAR, : CIVIL ACTION -LAW L - _X Defendant : IN DIVORCE -. Cap -.?' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division 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. §4904, relating to unsworn falsification to authorities. Date:t l3 X01 Donald E. Goodyear MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between DONALD EUGENE GOODYEAR and MARISA ANN STIPE, hereinafter referred to as Husband and Wife. The parties were married on 10/29/07, and there are no children born of their marriage. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, support, and all other?lghtj?ndd obligations arising out of the marriage relationship.' r - - It is therefore agreed: .N 1. CONSIDERATION, .; The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will 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 may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Patricia J. Romano, Esquire in reaching this Agreement, and Husband, although not represented, was advised of his right to legal representation. Husband hereby declares that it is his express, voluntary, and knowing intention mot to avail himself of his right to counsel. Both parties represent that the terms of this Agreement have been fully explained to them. 2 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole 3 or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: 2007 Lexus 350 Wife: 2000 Honda Accord 2002 Ford Mustang The titles to the said motor vehicles are currently in the names of the respective parties. There is a loan with PSECU for Husband's vehicle in the amount of approximately $25,000.00. He shall be solely responsible for this loan. 5 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that Wife owns certain real property located at 213 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania. Husband hereby agrees to convey all his right, title and interest in said property to Wife. The parties acknowledge that there is an existing mortgage against this property held by PNC Bank in the amount of approximately $100,000.00. Wife agrees to retain said financing such that she shall retain sole liability for the mortgage. Wife shall hold Husband harmless and indemnify him from liability for this obligation and other obligations arising from this property. 6 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - Sallie Mae College Loan $80,000.00 Citibank $ 5,000.00 Discover $ 5,000.00 B. HUSBAND- Mastercard $ 8,000.00 Visa $11,000.00 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony. 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the Civil Service Retirement Benefits of Husband accumulated as the result of his employment by The Federal Government System and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the Civil Service Retirement Benefits of Wife accumulated as the result of her employment by The Federal Government System and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, stocks, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. To wit: Wife's Member's First Savings Account valued at approximately $17,000.00 Husband's Scott Trade account valued at approximately $85,000.00 The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each 8 party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9 B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other 10 than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each parry shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 1. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict 11 performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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 interests, rights and claims. M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. 12 IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ?' day of , 2010, at Harrisburg, Pennsylvania. In the presence of. WIT Donald Eugene Goodyear (SEAL) J / C) WITNESS - f (SEAL) M4isa Ann tipe 13 C7 Tr}r 2010 [ i t-'i1 - 7 f` i " 2: 3 5 CI-?-,,• _ Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff MARISA A. STIPE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-8682 DONALD E. GOODYEAR, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Patricia J. Romano, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 24th day of December 2009, she did serve upon, Donald E. Goodyear, Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, postage pre-paid, certified/restricted delivery to the Defendant. The "green card" is attached to this Affidavit of Service. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without him. c By: 4711 Locust Lane Y Harrisburg, PA l7 09 (717) 657-0632 Id. No. 88161 Sworn to and subscribed before me this -644day of K , 2010. Notary Public KATHERINE A. FREY, NOTARY PUBLIC LOWER PAXTON TWP, DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 I 'iDER: COMPLETE THIS SECTION CC,,WPLETE THIS • • DELIVERY ¦ Complete Items 1, 2, and 3. Also complete si natu Item 4 if Restricted Delivery is desired. ? 0 Agent ¦ Print yow name and address on the reverse lam- 0 Addresses I" N Dak e that this can retum the card to you. B U ) C. pat of ¦ Attach this card to the back of the mailpiece, v?.. •-__ ,o\? or on the front if space permits. D. is delivery address different from item 1? Yes 1. Article Addressed to: if YES, enter delivery address below: 13 No Donal E. Goodyear 79 Hillside Drive Carlisle, PA 17013 certffleed Mall ? EWess Mall ? Rs?isoered O Return Receipt for Merch¦xdhs 13 insured Mail ? C.O.D. 2. Mc4aNumber 7003 1680 0001 9299 8294 (fisnsf Itom service k Ps Form 3811, February 2004 Domestic Return Receipt 1025954)2-W1540 0 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff r V 2010'FI , sI C' MARISA A. STIPE, Plaintiff V. DONALD E. GOODYEAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8682 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: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified/Restricted Delivery December 24, 2009. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 4/9/10 ; by Defendant, 4/13/10 . (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending: All related claims have been settled by the parties' Marriage Settlement Agreement dated April 9 2010 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 4/16/10 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 4/21/10 f,. . e By: Patricia J. Rom , Esquire 4711 Locust L Harrisburg, PA 109 (717) 657-0632 Id. No. 88161 Attorney for Plaintiff Dated: 6--5-(0 MARISA A. STIPE, V. DONALD E. GOODYEAR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-8682 DIVORCE DECREE AND NOW, N' 701 c , it is ordered and decreed that MARISA A. STIPE, plaintiff, and DONALD E. GOODYEAR, , 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.") The attached Marriage Settlement Agreement dated April 9, 2010, is hereby incorporated but not merged with this Decree in Divorce. By the Court, Xa Cam' ,t;?? took c-?-