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HomeMy WebLinkAbout10-2496 • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION ELI~EBETH M. HAMILTON 1620 Fox Hollow Road Mechanicsburg, PA 17055 v. DAVID M. HAMILTON 200$ Braeburn Drive Mechanicsburg,. PA 17055 NO.: (a - a~QC~ C~„t c lerv~. ATTORNEY ID# 78965 ~ ' ~ _ - ~, . - ~o, - _, ~ -- - . FAMILY LAW -DIVORCE ~ NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for: DIVORCE ;~ . y t'~3 r. 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 a~you by the Court A iudgment may also be entered against you for any other claims or relief requested in these papers by the Plaintiff You may lose money or property or oilier rights important to you includin custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Cumberland County Prothonotary at 1 Courthouse Squaze, Suite 100, Carlisle, PA 17013; (717)240-6195. 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 CLATM ANY OF THEM. YOU SHOULD TAKE THIS PAPEP. 'T'O YOLTP. ATTORNEY AT ONCE. IF YOTJ DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEFORED STREET CARLISLE, PA 17413 1-800-990-9108 717-249-3166 $35a. oo p~ ~-rt-/ CK.~ I (c~~ ~~ a~ 05O1o IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION ELIZEBETH M. HAMILTON 1620 Fox Hollow Road Mechanicsburg, PA 17055 v. DAVID M. HAMILTON 2008 Braeburn Drive Mechanicsburg, PA 17055 NO.: 10-2496 Civil Term 0 -ta ATTORNEY ID# 78965 is j' 4C' _ 77 FAMILY LAW - DIVORC? _ r? ACCEPTANCE OF SERVICE I, DAVID M. HAMILTON, Defendant, accept service of the Complaint in Divorce filed in the above-captioned action April 15, 2010. I accept service on/as of this date: l (o??? ! f/ i Date of Signature: , DDefendant Mailing Address: BRETT G. MANDES, ESQUIRE IDENTIFICATION No.: 78965 6091 Wismer Road Pipersville, PA 18947 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION cl, ELIZEBETH HAMILTON c • 'C? W G vs. : No.: 10-2496 CIVIL TERM fir DAVID M. HAMILTON C-) AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on. 4/15/10. 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. I consent to the entry of a final divorce after service of notice of intention to request entry of the decree. C'} 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 a.C.S. §4904, r lating to unsworn falsification to authorities. i It ( /'-? I Date: V BRETT G. MANDES, ESQUIRE IDENTIFICATION No.: 78965 6091 Wismer Road Pipersville, PA 18947 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION ELIZEBETH HAMILTON C ¢ =n ix? ?m vs. : No.: 10-2496 CIVIL TERM DAVID M. HAMILTON ern WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE ` 1. I 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 Waiver 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: ?F / ) BRETT G. MANDES, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION No.: 78965 6091 Wismer Road Pipersville, PA 18947 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION -0 fro ELIZEBETH HAMILTON : vs. : No.: 10-2496 CIVIL TERM DAVID M. HAMILTON r AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on 4/15/10. 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. I consent to the entry of a final 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. §4904, relating to unworn falsification to authorities. Date: Defendant (/ BRETT G. MANDES, ESQUIRE IDENTIFICATION No.: 78965 6091 Wismer Road Pipersville, PA 18947 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION ELIZEBETH HAMILTON ro vs. : No.: 10-2496 CIVIL TERM' r w -,3 DAVID M. HAMILTON` `rn . _:s WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 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 Waiver 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: - efWin i , • BRETT G. MANDES, ESQUIT I i''i 10 F it 2: ?C 1 ATTORNEY FOR PLAINTIFF IDENTIFICATION No.: 78965 6091 Wismer Road ' ' `'l R L A I pEvvc! Pipersville, PA 18947 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION ELIZEBETH HAMILTON VS. DAVID M. HAMILTON : No.: 10-2496 CIVIL TERM AGREEMENT THIS AGREEMENT, made this ZC('M day of 2010, by and between ELIZEBETH HAMILTON (hereinafter referred to as "Wife"), and DAVID M. HAMILTON (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the Parties were married on the 23rd day of September, 2006, in Cumberland County, Pennsylvania; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is in the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: (1) the settling of all matters between them relating to the equitable distribution and/or ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Husband by Wife or Wife by Husband reimbursement of counsel fees and expenses, alimony, alimony pendente lite and spousal support; and (3) in general, the settling of any and all claims and possible claims by one another against the other or against their respective estates. 6?\. 1 q WHEREAS, the Parties acknowledge that they will be proceeding to obtain a divorce pursuant to the Divorce Code, 23 Pa. C.S.A. § 3301(c). NOW, THEREFORE, in consideration of the foregoing and in further consideration of the mutual and several covenants herein contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby freely and voluntarily agree by and between themselves as follows: AGREEMENT INDEPENDENT OF DIVORCE 1. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as it now exists or may hereafter arise. this Agreement shall not be impaired, but shall continue in full force and effect regardless of whether any suit of divorce is concluded. It is also understood that in a divorce or separation proceeding, instituted by either of them against the other, this Agreement will be disclosed to the Court in any such proceeding, and that either Parry may request the Court to enter a Decree adjudicating this Agreement to be proper and lawful, confirming the same, and ordering that it be complied with, or incorporated, but not merging, its provisions, in said Decree. DATE OF EXECUTION 2. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the Parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the Party last executing this Agreement. LEGAL ADVICE 3. (a) In the preparation of this Agreement and the negotiations thereto, Wife has been represented by Brett G. Mandes, Esquire. Husband has been advised to seek counsel in regard to this matter but has knowingly, intelligently and voluntarily refused to do so. Husband and Wife each fully understand the terms, conditions and provisions of this Agreement and believe its terms to be fair, just, 2 G-- I ? - --W, adequate and reasonable. Husband and Wife freely and fully accept the provisions, terms and conditions thereof. (b) Wife acknowledges that all provisions of the Domestic Relations Code regarding divorce have been fully explained to her by Brett G. Mandes, Esquire; that she understands the same and has no further questions with regard to the said Divorce. Wife acknowledges that her attorney, Brett G. Mandes, Esquire, has advised her of all of her rights under said law, including, but not limited to, alimony, alimony pendente lite, counsel fees and costs, equitable distribution of real and personal property, Wife's right to participate in any and all marital property as defined by the Code, including, among other things, any stocks, insurance policies, cash bank accounts, securities of Husband in Husband's name, stock participation plans, profit sharing plan, Husband's pension plan, retirement plan, 401K plan, and IRA's, if any and any other property that may have been titled in either spouse's name during the marriage, as well as all of her rights in regard to support; and if she is not satisfied Husband has made a full and complete disclosure as to assets or income, Wife has the right to proceed with discovery proceedings and interrogatories to ascertain Husband's income, assets and net worth. However, Wife acknowledges that there has been full disclosure of the aforesaid by Husband and that she has elected to proceed and accept the terms and conditions of this Agreement and knowingly disclaims any and all rights she may have or could have under the said Code except as otherwise provided for in this Agreement. (c) Husband, although he is not represented by counsel, nevertheless fully understands all provisions of the Pennsylvania Domestic Relations Code regarding divorce and support and has no further questions with regard to same. Husband acknowledges that he fully understands all of his rights under said law, including but not limited to his rights in regard to alimony, alimony pendente lite, counsel fees and costs, equitable distribution of real and personal property, Husband's right to participate in any and all marital property as defined by the Code, including, among other things, any stocks, insurance policies, cash bank accounts, securities of Wife in Wife's name, stock participation plans, profit sharing plans, Wife's pension plan retirement plan, 401 K plan or IRA's, if any and any other property that may have been 144-0 e? . w titled in either spouse's name during the marriage; and Husband if he is not satisfied Wife has made a full and complete disclosure as to assets and income, Husband has the right to proceed with discovery proceedings and interrogatories to ascertain Wife's income, assets and net worth. However, Husband acknowledges that there has been full disclosure of the aforesaid by Wife and that he has elected to proceed and accept the terms and conditions of this Agreement and knowingly disclaims any and all rights he may have or could have under the said Code except as otherwise provided for in this Agreement. (d) Each Party agrees that this Agreement is under all the circumstances fair and equitable, and that it is being entered into freely and voluntarily after having received such advice, and that the execution of this Agreement is not the result of any coercion, duress or undue influence and the Parties further represent, declare, acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, debts and liabilities, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets, income and liabilities, and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto and further covenants or details of assets or liabilities, and further agree for themselves and their heirs, executors, administrators and assigns in any action or contention, direct or indirect, that there was not any absence or lack of full, proper and independent representation. (e) Each of the Parties hereto further covenants and agrees for himself and herself and on behalf of his or her heirs, executors, administrators and assigns that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators, or assigns in any action or contention, direct or indirect, that there was any absence or lack of full disclosure or that there was any absence or lack of full, proper or independent representation. SEPARATION 4. Husband and Wife may hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may, for his or her separate use or benefit, conduct, carry on, and engage 4 e ? I ? /l in any business, occupation, profession or employment which he or she may deem advisable. This provision shall not be taken, however, to be an admission, condonation, acquiescence, acceptance or ratification on the part of either Husband or Wife to the lawfulness of any act or acts of the other party claimed to have led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of the other, nor compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. WAIVER OF ESTATE RIGHTS 5. Each Party hereto waives, releases and relinquishes any and all rights that he or she may now have, or may have hereafter acquired as the other Party's spouse, under the laws of this or any other jurisdiction, regarding: (a) An election to take against any Will or any Codicil of any Will of the other Party; (b) The right to act as executor or administrator of the other Party's estate; (c) The right to share in the other party's estate in case of intestacy; (d) Further, each Party hereby covenants and agrees for himself and herself, and for his or her heirs, executors, administrators and assigns, that he or she will never, at any time, sue the other Party, or his or her heirs, executors, administrators and assigns for the purpose of enforcing any of the rights relinquished under this paragraph. MUTUAL RELEASES 6. The Parties acknowledge that each shall have no further claim on property that the other now possess, or which he or she may possess in the future, except for where otherwise provided for in this Agreement, and except for property which they may continue to hold in their joint names pursuant to this Agreement. Husband and Wife acknowledge that either or both of them may, in the future, purchase replacement residences, and each waives any interest he or she might otherwise have had with regard to the said other's real estate purchase. 5 Ea rte( 7. The Parties agree that each may convey his or her real or personal property without joinder of the other with the same effect and force as though he or she were unmarried; each waives any interest he or she might otherwise have by operation of law. 8. Each Parry shall at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to effect this mutual waiver and relinquishment of such interest, right and claim. DIVISION OF REAL PROPERTY 9. The Parties have heretofore agreed to a division of all real property acquired during the marriage and any and all transfer(s) of ownership necessary to affect such division have already taken place. Both Husband and Wife agree that no obligation exists by either party regarding any issues of money owed, money to be divided, or ownership of real estate. Wife agrees that she has no claim of ownership rights, title or interest in any real estate Husband currently owns. Husband agrees that he has no claim of ownership rights, title or interest in any real estate Wife currently owns. CASH 10. All cash presently in the separate and sole possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. BANK ACCOUNTS/PENSIONS/RETIREMENT FUNDSANHERITANCES 11. (a) The Parties have heretofore agreed to a division of all bank accounts, checking accounts, savings accounts, money market accounts, certificates of deposit, 401K plan(s) and IRA's, SSA benefits (during the life of Husband), pension plans, retirement benefits, including profit-sharing benefits, annuity, or other similar benefits and any and all transfer(s) of ownership necessary to affect such division have already taken place. Both Husband and Wife agree that no obligation exists by either party regarding any issues of money owed, money to be divided, or ownership of such funds or accounts. (b) Wife releases and waives any and all of her interest, claim, or rights she may have to any and all of Husband's inheritances, bank accounts, checking accounts, savings accounts, money market accounts, certificates of deposit, 401K plan(s) and IRA's, SSA benefits, pension plans, retirement 6 N benefits, including profit-sharing benefits, annuity, or other similar benefits and all monies and funds therein in the name and possession of Husband. (c) Husband, except as otherwise agreed herein and subject to the terms and conditions contained herein, releases and waives any and all of his interest, claim, or rights he may have to any and all of Wife's inheritances, bank accounts, checking accounts, savings accounts, money market accounts, certificates of deposit, 401K plan(s) and IRA's, SSA benefits, pension plans, retirement benefits, including profit-sharing benefits, annuity, or other similar benefits and all monies and funds therein in the name and possession of Wife. (d) Husband and Wife further acknowledge and agree to execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this section. PERSONAL PROPERTY 12. The Parties have heretofore agreed to a division of all remaining personal property. Both Husband and Wife agree that each shall own, independent of any claim of the other, all items of personal property now owned or possessed or hereafter to be owned or possessed by him or her pursuant to this paragraph. VEHICLES 13. The Parties have heretofore agreed to a division of all vehicles acquired during the marriage and any and all transfer(s) of ownership necessary to affect such division have already taken place. Both Husband and Wife agree that no obligation exists by either party regarding any issues of money owed, money to be divided, or ownership of vehicles. Wife agrees that she has no claim of ownership rights, title or interest in any vehicle(s) Husband currently owns. Husband agrees that he has no claim of ownership rights, title or interest in any vehicle(s) Wife currently owns. 7 T OUTSTANDING DEBTS AND OBLIGATIONS 14. It is mutually agreed by and between the parties that a full and complete disclosure of outstanding debts and obligations of each has been made to the other, and each agrees to be solely responsible for the payment of his or her own debts and obligations. EQUITABLE DISTRIBUTION 15. The Parties mutually agree that any and all equitable distribution issues have been finally and completely decided between the parties according to the terms and conditions of this Agreement. COUNSEL FEES AND COSTS 16. Husband and Wife shall each pay for all of their own counsel fees and costs. WAIVER OF SPECIFIC CLAIMS 17. Husband and Wife hereby acknowledge that they knowingly, intelligently and voluntarily waive any and all claims to alimony, spousal support, alimony pendente lite and partition against each other prior to the entry of their Divorce Decree. All provisions of this Agreement relating to alimony, spousal support, alimony pendente lite and partition are not subject to modification. WARRANTY AS TO PASU/PRESENT OBLIGATIONS 18. Each Party represents that they have not heretofore incurred or contracted for any debts or liabilities or obligations 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 and obligations of every kind which may have theretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. AFTER-ACQUIRED PROPERTY 19. Each of the Parties shall hereafter own and enjoy independently of any claim of right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though the or she were unmarried. 8 DOCUMENTATION 20. Each parry shall execute any and all documents which may require his or her signature for the purpose of effectuation of all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. HEIRS AND ASSIGNS 21. It is understood and agreed that the heirs administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions and clauses of this Agreement. INCORPORATION INTO DECREE 22. No Divorce Decree in any way shall affect any of the terms herein and this Agreement shall be incorporated, but not merged within such Decree. GOVERNING LAWS/SITUS OF THIS AGREEMENT 23. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, and the situs of this Agreement shall be Bucks County. TERMS OF AGREEMENT/BREACH WAIVER 24. 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 terms of this Agreement shall in no way affect the right of a Parry hereafter to enforce the same, nor shall the waiver of any breach of any provisions hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 25. Likewise, the failure of any Party to meet his or her obligations under any one or more of i the paragraphs herein, with the exception of the satisfaction of the condition precedent shall in no way void or alter the remaining obligations of the Parties 26. Should either Husband or Wife breach any provision of this Agreement, the non-breaching Parry shall have the right, at his or her election, to sue for damages arising from such breach, or to seek other remedies as may be available to him or her. In addition, the breaching party shall be responsible for payment of all reasonable attorney's fees arising out of any action or suit. In the event that the non- moving Party shall be found by the Court to have not breached said Agreement, the moving Party shall be responsible for all of the non-moving Parry's reasonable attorney's fees. If the moving Party is awarded by the Court less than he or she had initially requested from the Court, each Party shall be responsible for their own attorney's fees. INVALIDITY OF TERM, CONDITION, CLAUSE OR PROVISION 27. If any term, condition, clause or provision of this Agreement shall be terminated 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. HEADINGS NOT PART OF AGREEMENT 28. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first ab ve written. V WITNESS EL EBETH HAM TON Date WITNESS AVID M. HAMILTON Da Pro Se COMMONWEALTH OF PENNSYLVANIA 10 01 r COUNTY OF SS. ELIZEBETH HAMILTON, being duly sworn according to law, deposes and says that she aAA? executed the foregoing Agreement as and for her fre*ELTZ. eed, intending to be legally bound. 1?v H HA MILTON SWORN TO AND SUBSCRIBED BEFORE ME THIS O?`7 - 'y?DAY OFole/Y bel 2010 OTARY PUBLIC MMONWEALTH OF PENNSYLVlMIIA NOTARIAL SEAL IiTEPHANIE NEBL, Notary Public Camp Hill Born, Cumberland County ftw"w Expires Jan. 25, 2011 COMMONWEALTH OF PENNSYLVANIA - COUNTY OF &n : SS . 7 F - ,fl A' i,:,«.....-, .._ l-?. i ra ?IDy ..p .i '?? '? Y •3 ? #. ._ ... f i v DAVID M. HAMILTON, being duly sworn according to law, deposes and says that he executed the foregoing Agreement as and for his free act and deed, intendin to be legally bound. AVID M. HAMILTON SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OFv VA694" , 2010 NOT Y PUBLIC COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL STEPHANIE NEBL, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Jan. 25, 2011 3 ? - -? ! ?!' ?:}'?1'a? a •?. tiF 12 n? . ._ ? vabde_e? ELIZEBETH HAMILTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. _ CIVIL DIVISION DAVID H. HAMILTON 10-2496 No. CrvII. TERAiE PRAECIPE TO TRANSMIT RECORD , To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divo decree: - j c n ; 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and (Strike out inapplicable section,) 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant on 4/16/10. 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 8/11/10 ; by defendant 8/12/10 (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: 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of wbich is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: 8/31/10 Date defendant's Waiver of Notice was filed with the Prothonotary: 8/31/10 Attorney for lain efendant ELIZEBETH HAMILTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID H. HAMILTON NO. 10-2496 DIVORCE DECREE AND NOW, N oy?raber ?? , .?d , it is ordered and decreed that ELIZEBETH HAMILTON plaintiff, and DAVID H. HAMILTON , 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 parties' September 29, 2010 Property Settlement Agreement is incorporated into this Decree without merger for purposes of enforcement. There are no claims remaining. By the Court, 'k t Attest: d6S)6e// J. *aAW