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HomeMy WebLinkAbout01-1217RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVNAIA : No. : 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, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, PA 17108 (800) 692-7375 NICHOLAS&FOREMAN 1.D.21193 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNAIA No. CIVIL ACTION - LAW IN DIVORCE 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 personal. 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 de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, PA 17108 (800) 692-7375 NICHOLAS & FOREMAN 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I.D. 21193 RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNAIA CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING 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 Prothonotary's Office, 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. Dated: RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVNAIA :No. o /- /.~ / ~ )(j2JvCg 7--.a,o~ : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, Renee Spohn, by her attorneys, NICHOLAS & FOREMAN, and seeks to obtain a Decree in Divorce from the above-named Defendant, Richard M. Spohn, upon the gronnds hereinafter set forth: 1. Plaintiff is Renee Spohn, an adult individual, sui juris, presently residing at 94 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Richard M. Spohth an adult individual, sui juris, presently residing at 155 High Street, Etters, York County, Pennsylvania 17319. 3. No children have been bom of this marriage. 4. The Plaintiff and Defendant have each been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on July 27, 1984 in Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff and Defendant are both citizens of the United States of America. 8. Neither the Plaintiff nor Defendant are members of the Armed Services of the United States. 9. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling but avers that she does not desire marriage counseling. l 0. 'The Plaintiff avers that the grounds on which the actions are based are: (a) That the marriage is irretrievably broken; (b) At the appropriate time Plaintiff will file to state that the parties have been continually separated for a period in excess of two (2) years. COUNT TWO ALIMONY PEND1TE LITE 11. Plaintiff incorporates Paragraphs 1 through 10 inclusive as fully as if set fbrth. 12. Plaintiff requires alimony pendite lite in order to participate in a contested divome. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce. Respectfully Submitted: NICHOLAS & FOREMAN BRU E D.~FORE~ By 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I.D. 21193 VERIFICATION I verify that the statements made in this Pleading 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. DATED: Accepto fService/Domestic/CLN RENEE SPOHN, Plaintiff RICHARD B. SPOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1217 Civil CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Richard B. Spohn, Defendant in the above-captioned matter, do hereby certify that I have accepted service of Plaintiff's Complaint in Divorce, filed to the above-captioned term and number. RICHARD B. SPOHN, ]~efend~t RENEE SPOHN, Plaintiff RICHARD M. SPOHN, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. C~I- CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 2,2001. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 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 in Divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. RENEE SPOHN, Plaintiff V. RICHARD M. SPOHN, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No CZ>t- /217 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce 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: RENEEVS PDHNT, Pl/ffntiff RENEE SPOHN, Plaintiff V. RICHARD M. SPOHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. /2/'7 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 2,200l. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 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 in Divorce after service of notice of intention to request entry of the decree. 4. I understand that 1 may lose rights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to tmsworn falsification to authorities. Date: 7617/{ RICHAI~LD M. SPOHN, Defendant ~'~ RENEE SPOHN, Plaintiff RICHARD M. SPOHN, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O/- /o~/7 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce 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 unswom falsification to authorities. RicHARD M. S~/~HN,~efendan~X'~ KATS, JAMISON, VAN DER VEEN & ASSOCIATES BY: Marina Kats, Esquire Identification No. 53020 25 Bustleton Pike Feasterville, PA 19053 (215) 396-9001 Attorney for Plaintiff PAULETTE HARRIS Plaintiff, VS. CARLISLE SPORTS EMPORIUM, INC. AND JOHN DOE? EMPLOYEE OF CARLISLE SPORTS EMPORIUM, INC. AND TRAVIS BEST Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY 01-1403 TERM, 2001 CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Kindly reinstate Plaintiffs Complaint in Civil Action in the above-captioned matter for thirty (30) days so that service may be effectuated on the Defendant, Travis Best. KAJS, JAMISON, van der VEEN & ASSOCIATES Attorney for Plaintiff ReinstateComplaint/Civil/CLN RENEE SPOHN, Plaintiff RICHARD M. SPOHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1217 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed to the above-captioned term and number. NICHOLAS .~MAN, P.C. BBY~ce:/D.~Fo~~ Atty. ID #21193 4409 North Front Street Harrisburg, PA 17110-1709 (717)236-9391 Attorneys for Plaimiff RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVNAIA : No. : 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 man'iage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, PA 17108 (800) 692-7375 [RUE COPY FROM RECORD Testimony whereof, I here unto set my hand ?.d the seal of said Court at Cml. isle. Pa. ires.. ~/,~. d_ay OI~...~...~__ Prothnn~l'a~-~ NICHOLAS & FOREMAN I.D.21193 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNAIA No. CIVIL ACTION - LAW 1N DIVORCE 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 parfir 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 personal. 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 de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, PA 17108 (800) 692-7375 NICHOLAS & FOREMAN 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I.D. 21193 RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. : IN THE.COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVNAIA : No. : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF COUNSELING 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 Prothonotary's Office, 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. Dated: 311 [7x30} RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNAIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, Renee Spohn, by her attorneys, NICHOLAS & FOREMAN, and seeks to obtain a Decree in Divorce from the above-named Defendant, Richard M. Spohn, upon the grounds hereinafter set forth: 1. Plaintiff is Renee Spohn, an adult individual, sui iuris, presently residing at 94 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Richard M. Spohn, an adult individual, sui juris, presently residing at 155 High Street, Etters, York County, Pennsylvania 17319. 3. No children have been bom of this marriage. 4. The Plaintiff and Defendant have each been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on July 27, 1984 in Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiffand Defendant are both citizens of the United States of America. 8. Neither the Plaintiff nor Defendant are members of the Armed Services of the United States. 9. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in cotmseling but avers that she does not desire marriage counseling. 10. The Plaintiff avers that the grounds on which the actions are based are: (a) That the marriage is irretrievably broken; (b) At the appropriate time Plaintiff will file to state that the parties have been continually separated for a period in excess of two (2) years. COUNT TWO ALIMONY PENDITE LITE 11. Plaintiff incorporates Paragraphs 1 through 10 inclusive as fully as if set forth. 12. Plaintiff requires alimony pendite lite in order to participate in a contested divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce. Respectfully Submitted: NICHOLAS & FOREMAN BRU E D.~FOREM~ By 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I.D. 21193 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworu falsification to authorities. DATED: 3/' /2"901 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01217 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPOHN RENEE VS SPOHN RICHARD M R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SPOHN RICHARD M but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, DIVORCE/REINS He therefore Pennsylvania, to On April 19th , 2001 attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. YORK CO 26.40 .00 63.40 04/19/2001 NICHOLAS & FOREMAN Sworn and subscribed to before me this 2~ day of [~,] A.D. Prothono{ary this office was in receipt of the R.'Thomas Kline Sheriff of Cumberland County COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET S'E. YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT. and AFFIDAVIT OF RETURN Ren~e ~pohn 3. DEFENDANTS/ Richard H. g~ohn INSTRUCTIONS PLEASE T PE ONLY LINES 1 TO 12 DO NOT DET ANY cOPIES, 2. COURT NUMBER 01-12].V Civil 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint ~n D~ vorce/Reinst. SERVE ~' 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Richard M. Spohn 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO,, CITY, BORO, TWP., STATE AND ZiP CODE AT ~ H~oh Sh, gtters, PA 1~19 7. INDICATE SERVICE: Q PERSONAL ~ PERSON iN CHARGE ~ DEPUTIZE ~ I ] rf~3~ I~'TI ~ [31 ST CLASS MAIL [3 POSTED [~ OTHER NOW zt / ~ / 0 1 19 I, SHERIFF OF'r~ COU~T~{a~P~i~o hereby dej~i~e sheriff of to law. This deputation being made at the request end r,sk of the pla,nt,ff. ~ ' s.~.,~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C umb e r ;l_a n d ADVANCE FEE PAID BY CUMBEP~LAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any proper~y before sheriff's sale thereof. 9. TY~.~3.~~ ~N.D ~TT~t?~.Y/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 4409 N. FRONT ST., HARRISBURG, PA 17110 (717) 236-9391 4/6/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed). CUMBEPJ_AND COUNTY SHEP, IFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14.~D/a~ ?~c~eived 15. Expiration/Hearing Date 13. I acknowledge receipt of the writ J. LUDWIG ,*/=/u J_ 5/6/01 or complaint as indicated above. 16, HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17.~1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I MST ADDRESS HERE IF NOT SHOWN ABOVE (Retatlonship to Defendant) 19. Date of Service 20. Time of Service 21. ATTEMPTS D~; TIme,~ ~3~r~Miles Int. Date Timel Miles! Int. I I Date [ Time'i M es n, Date, Time, Miles', '. ' Int. Date I Time i Mites, Int. Date ,Time Milesl. Int. 22. REMARKS: k4OVED TO HILL ISI~D, LOT 22, LONDONB.~,,P,Y TWP., DAUPHIN CC~3k~fY. ,.; ~ 23. Advance Costs I 24. Service Costs I 25. N/F / E6. Mileage I 27. Postage I 28. Sub Total I 29. Pound I 30. Notary Fee I lOO.OO I 9.00 I 5.o lo.4ol [ 2'].4ol 12.oo ~- 34. Foreign County Costs 35. Advance Costs :36. Service Sosts ~7, Notary Cert. 3g. Mileage/Postage/N.R 31 Surcharge 2 Total ~/ L~5 j-~ ~'~ 39. Total Costs 40. Cost Due or Refund SO ANSWER. 41. AFFIRMED ~n¢ ~.~k~T~a ~['~' · 1~ ~ ~ ~' Deo.SignatUreShe~ff°l 47. Date 42.dayo, / ~~.,~j~ 45. Sig.ature of York 48. Data MY CO~ ~,~ ~JFZ~ ~.Signature of Foreign~unW Shed, 49. Date 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RE~RN SIGNA~RE I 51. Date Received OF AUTHORIZED ISSUING AUTHORI~ AND TITLE 1. WH~E - Issui~ Autho~ 2. PINK - A~ey 3. CANARY - She~s Off~ 4. SLUE - Sheri~s Office RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVNAIA :No. : 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, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER Oil CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, PA 17108 (800) 692-7375 NICHOLAS & FOREMAN I.D.21193 4409 North Front Street Harrisburg, PA 17110 (717) 236,9301 ~ Attorneys tor Plaintiff ,, 77.', RENEE SPOHN, Plaimiff, RICHARD M.SPOHN Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVNAIA : No. : : CIVIL ACTION - LAW : IN DIVORCE NOT/CIA Le han demandado a usted en la cone. 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 notification. 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 personal. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar trna orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, PA 17108 (800) 692-7375 NICHOLAS & FOREMAN 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I.D. 21193 RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVNAIA : : No. : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF COUNSELING 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 Prothonotary's Office, 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. Dated: RENEE SPOHN, Plaintiff, RICHARD M.SPOHN Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVNAIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, Renee Spohn, by her attorneys, NICHOLAS & FOREMAN, and seeks to obtain a Decree in Divorce from the above-named Defendant, Richard M. Spohn, upon the grounds hereinafter set forth: 1. Plaintiff is Renee Spohn, an adult individual, sui jugs, presently residing at 94 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Richard M. Spohn, an adult individual, sui jugs, presently residing at 155 High Street, Etters, York County, Pennsylvania 17319. 3. No children have been bom of this marriage. 4. The Plaintiff and Defendant have each been bona fide residents of the Commonwealth of Pennsylvania tbr at least six (6) months previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on July 27, 1984 in Dauphin County, Pennsylvania. parties. 6. There have been no prior actions of divorce or for annulment between the 7. Plaintiff and Defendant are both citizens of the United States of America. 8. Neither the Plaintiff nor Defendant are members of the Armed Services of the United States. 9. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling but avers that she does not desire marriage counseling. 10. The Plaintiff avers that the grounds on which the actions are based are: (a) That the marriage is irretrievably broken; (b) At the appropriate time Plaintiff will file to state that the parties have been continually separated for a period in excess of two (2) years. COUNT TWO ALIMONY PENDITE LITE 11. Plaintiff incorporates Paragraphs 1 through 10 inclusive as fully as if set forth. 12. Plaintiff requires aIimonypendite lite in order to participate in a contested divorce, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce. Respectfully Submitted: NICHOLAS & FOREMAN By 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I.D. 21193 VERIFICATION I verify that the statements made in this Pleading 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. RENEE SPOHN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No 01- /,,0,1'7 RICHARD M. SPOHN, Defendant · CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN RENEE SPOHN being duly sworn according to law, deposes and says that she is the Defendant in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered and she hereby elects to resume her prior surname of Renee Raneri and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15 1972, P.L. 1063, 54 Pa.C.S.A. 704. Renee Spohn To Be known as Renee Raneri Sworn and subscribed before me this ~ ~ day of,~ u ,~ % , 2002 NOTARIAL SEAL CHRISTINA L. NICHOLAS, No[ary Public 8u~ueha~na Twp. Dauphin County My C0mm ssion Expires June 20, 2005 RENEE SPOHN, Plaintiff/Petitioner VS. RICHARD M. SPOHN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1217 CIVIL ACTION-LAW 1N DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for Divorce: irretrievable breakdown under Section X 3301(c) or __ 3301(d)(1) of the Divorce Code. Date and manner of service of the Complaint: November 13,199- See Acceptance of Service dated November 13,1999 and filed to the above-captioned term and number. 3. Complete either Paragraph A. or B. A.1 Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff.' April 26, 2002 by Defendant: April 29, 2002 A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent: by Plaintiff: April 26, 2002 by Defendant: April 29, 2002 B. 1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Enter: Dated: April 30, 2002 NICHOLAS & FOREMAN, P.C. Bruce D, Foreman, Esquire Attorney ID 21193 4409 North Front Street Harrisburg, PA 17110-1709 (717)236-9391 Attorney for Plaintiff SpohnMSA\domestic\cab MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made this 2 (~ day of July, 2001, by and between RICHARD M. SPOHN, hereinafter referred to as "Husband," -AND- RENEE SPOHN, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 27, 1984; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, there are no minor children bom of this marriage; and WHEREAS, the parties hereto are desirous of compromising and settling fully and finally their respective financial and property fights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and ail claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, aiimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of ail their respective marital and property and ail other claims. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. 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 jurisdiction, 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 further 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, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into any 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, may be incorporated by reference into any divorce, judgment or decree. This 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. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each 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. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 2 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her. The parties acknowledge that there is currently a first mortgage and a second mortgage on the marital home at 94 Poplar Avenue, New Cumberland, Pennsylvania 17070, in which Wife resides. Wife agrees that she will be solely responsible for the payment of the first mortgage on the said property and that Husband agrees that he will be solely responsible for the second mortgage on the said property. The parties also acknowledge that there is a mortgage debt or debts on the property at 508 Bridge Street, New Cumberland, Pennsylvania 17070, which the parties jointly own. Husband agrees that he will be solely responsible for the mortgage debt on 508 Bridge Street. In the event that Husband fails to timely pay the mortgage on the Bridge Street property or the second mortgage on the Poplar Avenue property the deed to the Bridge Street property shall immediately be transferred to Wife who may sell the same. In the event that Wife fails to timely pay first mortgage on the Poplar Avenue property the deed to the Poplar Avenue property shall immediately transfer to Husband who may sale the same. 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, ail rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of alt claims of any kind, and especially and claims arising under the Pe~msylvania Divorce Code, which either party may have against the other. 3 6. DIVISION OF REAL ESTATE, HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto agree that the parties jointly own the property at 94 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 in which Wife is living. Husband agrees that he will immediately sign a deed to the same and, further that he will act to pay off the second mortgage thereon or in some other way discharge Wife from the same. Husband agrees that he will solely pay the second mortgage on the said Poplar Avenue property and that he will inderrmify Wife from any claims or any costs thereon. Wife agrees that she will be solely responsible for payment of ftrst mortgage on the Poplar Avenue property and indemnify Husband from any claims on the said first mortgage or from any cost on the property including but not limited to taxes, insurance, maintence and utility charge. In the even that Husband is late on any mortgage payments or that a mortgage default of any kind occurs on the said Bridge Street property, at Wife's option, all right title and interest to the same shall immediately revert to Wife and Husband shall immediately execute a deed for the same to Wife who shall have all equity in the said property. The parties also agree that they own a property at 508 Bridge Street, New Cumberland, Pennsylvania on which a mortgage exists. Wife agrees that she will immediately sign a deed to the same to Husband and Husband agrees that he will indemnify her from any claim on the said mortgage on the property and for all cost on the property including but not limited to taxes, insurance, maintenance and utility charge. The parties also have an interest in a property in Goldsboro on the river. Wife agrees to transfer all right title and interesl in the Goldsboro property to Husband along with all of the contents of the cabin thereon and the boat on the river. Husband agrees to pay all costs of transfer and to save harmless and indemnify Wife for any claim for costs or charges thereon. Each party agrees that all personal property in the house, houses or properties, which he or she is receiving, will be solely his or her property, and each gives up any claim to any of the personal property in any of the houses or properties, which the other is to receive. 7. PENSIONS, RETIREMENT ACCOUNTS AND INSURANCE. The parties hereto waive any and all interest or claims, which either may have in any individual retirement accounts, existing pensions or similar accounts in the name of the other. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Bruce D. Foreman, Esquire. Husband has been advised of his right to legal counsel and that it is advisable that he obtains the same, but he has freely, knowingly and voluntarily waived the right to the same. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that 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. 9. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 10. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were unmarried. 11. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 12. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 15. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 16. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 17. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 18. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pe:ansylvania. 19. VOID CLAUSES. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ? WIFE: HUSBAND: ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this the ~ of July, 2001, before me, the undersigned officer, personally appeared RENEE SPOHN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein cont~fined. Notary Public My commission expires: NOTARIAL SEAL Steve C. Nicholas, Notary Public Township of Susqueh~nna~ ~';ounty of Dauphin My Commission Expire3s Sept. 25, 2003 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this the ~,o/of July, 2001, before me, the undersigned officer, personally appeared RICHARD M. SPOHN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. Notary Public NOTARIAL SEAL Steve C, Nicholas, Notary Public Township of Susquehanna, County of Dauphin My Commission Expiros Sept. 25, 2003 IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. RENEE SPOON Plaintiff PLEAS VERSUS RTPHARD Defendant DECREE IN DIVORCE AND NOW, ~ Z ~ k~ , ~ , IT iS ORDERED AND DECREED THAT R~.~.~. ~pD~IN , PLAINTIFF, AND RICHARD Mo SPOHN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE MARRIAGE SETTLEMENT AGREEMENT BETWEEN THE PARTIES DATED JULY 2, 2001, IS INCORPORATED HEREIN, BUT NOT MERGED HEREWITH BY THE COURT: ~ /~ '~- ~/ PROTHONOTARY No. 01 -1217 Civil