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HomeMy WebLinkAbout01-2884CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01- ; EDWARD MONTORE, JR., : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or rolief rcquested in these papers by the Plaintiff. You may lose money or propgrty 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 at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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, Pennsylvania 170 ! 3 Phone: (717) 249-3166 J~thn J) C/onne A~,fie f~ ~lntiff CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA .' v. :NO. ol- ~ ?£'~ ~ '7"'.z~-~ EDWARD MONTORE, JR., : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) ofthe Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You arc advised that this list is kept as a convenience to you and you are not bound to choose a counselor fi'om this list. AII necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. OI-arf,~ ~ "/',t.~,~. EDWARD MONTORE, JR., CIVIL ACTION - LAW DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiffis Carolyn F. Montore, who currently resides at 2906 Chesterbmok Court, Apt. 604, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Edward Montorc, Jr., who currently resides at 14 South Alydar Boulevard, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 28, 1994, in Rye Brook, New York. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plainfiffis a citizen oft. he United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may have thc right to request that thc Court require the parties to participate in counseling. Thc parties to this action have been separated since September 13, 2000. 10. Plaintiffrequests the Court to enter a Decree in Divorce. CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTy UN-DER SECTION 3502 OF TI:IE DIVORCE CODF. 11. Plaintiff and Defendant are the owne~-s of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. CLAIM FOR ALIMONY UNDER SECTION 3'/01 OF THE DIVORCE CODE 12. Plaimiffis unable to support herself through appropriate employment. 13. Plaintiff lacks sufficient property and income to provide for her reasonable needs. CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPEN$1~.~ UNDER SECTION 3702 OF THE DIVORCE 14. Plaintiffdoes not have sufficient funds to support herselfand pay the counsel fees and expenses incidental to this action. 15. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite Plaintiffs counsel fees and the cost of this suit; and e. for such further reliefes the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date t05'-~-D/ B Jqhn~Connell~,J~.,.,Esquire A~o~ey for Pla~tiff Post Offic~X'650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are i~ue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, f~__ Date: O,ff-O{~-(.}l ~~'~ CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. 01-2884 CIVIL TERM EDWARD MONTORE, JR., CIVIL ACTION - LAW DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : this~:~ day of~/~/_~ ,2001, personally appeared before NOW, mc, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Edward Montore, .Ir., on May 21, 2001 by certified mail number 7099 3400 0004 7298 ! 784, as evidenced by the return receipt card attached hereto and made a part hereof. J~hn iC~,,~sq~kil~ ' ..~.x. Sworn to and subscribed "~' ~__.. ' before day of ~'~//C/~J~/ ,2001. 4. ~//Notary l~l~lic t No'rARPU. $~L Jein L KOM~r, NO.p/Public I G~ of Humm~l~own,County o~ Dauphin ] If YE~, Int~' dllv~y m~dm~ bdow: ,~No [] In~cl I~1 ~ C.O.D. CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 - 2884 CIVIL TERM : EDWARD MONTORE, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELIN~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 11, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the dale of both the filing and service of the Complaint. 3. I consent to the envy of a final decree of divorce at, er service of Notice of Intention to request enffy of the Decree. 4. I have been advised of the availability of marriage counseling, and understand tha! I may request that the Court require that my spouse and I participate in counseling. I further understand that the Cour~ maintains a list of nugriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counselLng prior to a divorce decree being handed down by the Court. I verify that the stalements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S/~. 4 ,9~/~g to Dale: CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 - 2884 CIVIL TERM : EDWARD MONTORE, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER _83301(e) OF THE DIVORCE CODE 1. I consent to the en~'y 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 gran~l. 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 verif~ 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 CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. 01 - 2884 CIVIL TERM EDWARD MONTORE, JR., CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CON~ENT AND WAIVER OF COUNSEIJlNG 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 11, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of Notice of Intention to request enl~'y of the Decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon ~lUeSt. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are flue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4~04, relating to t- dV l- omore, Jr., I~e~ant CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA l v. : NO. 01 - 2884 CIVIL TERM : EDWARD MONTORE, JR., : CIVIL ACTION - LAW DePendent : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER _K3301(e) 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 ill 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 veri~ that the statements made in this Affidavit are true and correct. I understand that false stalements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to ar tore, Jr., CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA v. :: No. o~ - EDWARD MONTORE, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE Carolyn F. Montore, social security no. 090-50-2333 Edward Montore, Jr., social security no. 129-54-5202 CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 -2854 CIVIL TERM EDWARD MONTORE, JR.., CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses in the above-captioned divorce action. JAMES, SMITH, DURKIN &.C..O~ELLY LLP Pos't'Office B~ 550 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 CAROLYN F. MONTORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - 2894 CIVIL TERM : EDWARD MONTORE, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiffin the above matter, hereby elects to retake and herea~er use her former name of Carolyn Fragasso and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 19~7 P. L. 192, as amended. A Decree in Divorce was entered September' ~2~,1. / DATED: / .-" Sworn to and subscribed before me this ~r/.~ day of~2001. (/NO,AR¥ PUBtlC NOTARIAL SEAL Jean L. Ko.er, No.fy Public C~y of Hummel~n,County of Dauphin My C~mml.e~n ~l~lr~ Feb. 9, 2004 PROPERTY SETTLEMENT AGREEMENT between EDWARD MONTORE, JR., hereinafter called "Husb~d", and CAROLYN.~.:": - ~_ MONTORE, hereinafter called "Wife". c .. WITNESSETIt: -' . · WHEREAS, Husband and Wife were legally married on May 28, 1994; :" ~- WHEREAS, differences have arisen between Husband and Wife ia consequence of which they desire to live separate and apart fxom each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained hereia, it is agreed by and between the parties hereto that: 1. It shall be lawful for each party at all times herea~er to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not he taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Each party shall be free from interference, authority and 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 part), shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor ia any other way interfere with the peaceful existence, separate and apart fxom the other. 3. DMSION OF REAL PROPERTy. Husband's residence located at 14 South Alydar Boulevard, Dillsburg, Pennsylvania is tiffed in Husband's name individually. The property has a mortgage against it in favor of Washington Mutual Insurance Company with a principal balance of approximately $175,721.00. The mortgage is in the names of Husband and Wife. Husband agrees that by April 1, 2002, he will have Wife's name removed from the mortgage either by a mortgage modification, l~finan¢ing or sale of the property. At the time the property is sold, any proceeds in the amount over a sale price of $350,000.00 shall be split equally between the parties at the time of final settlement. For example, if the property sells for $370,000.00, Wife shall receive $10,000.00 from the proceeds at the time of settlement. Wife shall retain as her sole and separate property the 1994 BMW 525 and the 1993 Toyota Camry. The parties shall execute all documents necessary to mmsfer titles to Wife at the time of the execution of this Agreement. Husband shall retain as his sole and separate property the 1997 BMW 740. The vehicle is presently titled in Wife's name individually. Wife shall execute, at the time of the execution of this Agreemem, a Special Power of Attorney permitting Husband to Iransfer the title after receipt of the title fi'om BMW Financial Services which is holding it as security for the existing debt agalnet the vehicle. Husband shall, within sixty (60) days of the date of this Agreement, have Wife's name removed from the BMW Financial Services loan on the vehicle. Each patty shall be responsible for the cost of the automobile insurance on the vehicles retained by them al~er the date of this Agreemem. 5. PENSIONS. Each party has interests in pensions, IRAs, and Keogh Plans. Each party shall retain any interest they have in accounts or plans in their names individually except as more specifically set forth herein. 6. EOUITAI~LE DISTRIBUTION. Husband agrees to pay to Wife in the form of equitahie dislxibution, the sum of $136,750.00 2 payable as follows: A. $50,000.00 in cash on or before October 1, 2001. B. $86,750.00 as a rollove~ fxom Husband's Keogh Plan with Vanguard Windsor Fund H into a similar account in Vanguard Windsor Fund II owned by Wife. The said ~ransfer shall be accomplished on or before October 1, 2001. In the event it is necessary, counsel for Wife shall p~pare a Qualified Domestic Relations Order transferring the funds as set forth herein. 7. PETS. The parties' cocker spaniels, Peaches and Brandy, shall be owned by Wife. At present, they are at Husband's residence, howevex, Wife shall receive them on or before April 1, 2002. 8. HEALTH INSURANCE. Husband is presently being carried on Wife's health insurance plan through her employer. Wife agrees that she will cooperate in assisfng Husband in securing COBRA coverage available for health insurance at Husband's own expense. 9. DMSION OF PER.qONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles ofpersonai property which have ~fore bean used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any file or documents necessary to give effect to this paragraph, upon request. 10. ANTENIJPTIAL AGREEI¥IENT. The parties acknowledge that on January 14, 1996, they entered an Antenuptial Agreement. By entering this Agreement, both parties fully acknowledge the existence of the Antenuptial Agreement and further agree that this Agreement supersedes the Antenuptial Agreement and is in full satisfaction of any trams and conditions thereunder. 3 I1. APPLICABILITY OF TAX LAW TO PROPERY TRANSFERS. The parties hereby agree and express their inter Lhat any transfer of property pur~sn! to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 0tereinai~ the "Act"), specifically, the provisions of said Act pertaining to the Iransfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 12. ASSUMPTION OF DEBTS. The parties agree that there are no joint marital liabilities for which either party is individually responsible. All further debts incurred by the parries shall be their individual responsibility. If either party breaches any provision of this Agreerneng the other party shall have the fight, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the pa.vment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. 14o EI L.035ELD tI o 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, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 15. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, 4 assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay to the other all attorneys' fces, costs end other expenses reasonable incurred as a result of such failure. 16. ~. Wife represents and warrants to Husband that since the parties' separation she has not end in the future she will not conlract or incur any debt or liability for which Husband or his estate might be responsible and shall indenmify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not conwact or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 18. WAIVERS OF CLAIMS AGAINST ESTATES. Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in thc property or the estate of the other as a result of thc marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of thc other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all insmunents which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 19. It is recognized by the parties hereto that Wife is represented by John $. Counelly, Jr., Esquire, and Husband is not represented by counsel. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. Husband furthe~ agrees and acknowledges that he has a fight to have Agreement reviewed by counsel of his choosing and, by entering the Agreement, acknowledges he is waiving his fight to do so. 20. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntafily and that it is not the result of any duress or undue influence. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and the~'e are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. MODIFICATION AND WAIVER. Any modification or waiver of any provision 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 strict performance of any of the previsions of this Agreement shall not be consuued as a waiver of any subsequent default of the same or similar nature. 24. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 2S. 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 covenant and agreement. 26. 3~llIILCI~&k~. If any term, condition, clause, or provision of this Alll~nnent shall be detea-mined or declared to be void or invalid in law or otherwise, then only that t~m, condition, clause or provision shall be slricken fxom this Agreement and in all other respects this Agreement shall be valid and continue in full fome, effect and operation. 27. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divome which may be instituted or prosecuted by either party and no order, judgement or decree of divome, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a pan of, but shall not merge with, any such judgment or decree of final divorce. 2s. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action, indexed to number 01 - 2884 Civil Term, in the Court of Common Pleas: Cumberland Count': Pennsylvania, as well as Affidavi~ of Consent and Waivers of Counseling and Waivers of Notice of Intention to Reques! Enlry of a Divorce Decree. 29. DOMESTIC RELATIONS CODE OF THE COMMON'WEALTH OF Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs end equitable &isa/but. ion of marital property. IN WITNESS WHEREOF, the patties hereto, intending to be legally bound hereby, have hereunW set fl~e/r hands end seals the day end year fu~t above written. WIT SS: 8 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : On th~s, the ~ day of ,2001, before me, a Notary Pubhc, personally appeared Edward Monwre, Jr., kno~n w me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed' the same for the purposes thegn contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. / ,/./ NOT.~R.¥ PUBhlC NOTARIAL SEAL Jean L. Ko,Jet, Notary Public . City of Hummel~to~t,County of Dauphin My Comml~lon ~ Feb. 9, COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF DAUPHIN : Onthis, the !/'~ dayof /~(.~ ,200l, before m¢, a Notary Public, /I personally appeared Carolyn F. Momore, knowh to mc to be th~ person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (/ NOTARY ~UBLI~ I NOTARIAL SEAL I Jean L. Kosier, Notary Public I City of Hummel~:nm,County of Dauphin I My Comm~on ~xpiml F.b. 9, ~ I CAROLYN F. MONTORE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01 - 2854 CIVIL TERM : EDWARD MONTORE, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, m the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(¢) ( ) 3301(d) of the Divorce Code. 2. Dale and manner of service of the Complaint: May 21, 2001 by certified mail no. 7099 3400 0004 7298 1784. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waive~ of Counseling required by Section 3301(¢) of the Divorce Code: by Plaintiff: August 28, 2001; by Defendant: August 28, 2001. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Dale of service ofthe Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated August 17, 2001. 5. Date and manner of service of the Notice of Intantion to file Praecipe to Transmit Record, a copy of which is at~ached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is at~ached, if the decree is m be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: August 28, 2001; by Defendant: August 28, 2001. and, date of filin$ of the Waiver of Notice of Intention to Request En/ry ora Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. JAME SMITH, DURKI C~' LY LLP V \ Date: A~omey) i~r Plaintiff /~ I \ Po'st-Offi~ 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF j~~ PENNA. CAROLYN F. NO. 01 - 2884 CI¥IL Plaintiff VERSUS EDWARD MONT(~, JR., Defendant DECREE IN DIVORCE AND NOW,__~j~L~ '~""J~l IT IS ORDERED AND DECREED THAT Caroly~ F. ~ntore _, PLAINTIFF, AND ~a~ ~ntore, Jr. _, 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; [~one The attached Property Settlement ~x~reement is hereby incorporated, but not merged, into this Decree in Divorce. ./ BY THE COURT:..~.~