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HomeMy WebLinkAbout01-3334GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF ._ : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW _- 2OOl-333~ CIVIL TERM : IN DIVORCE NOTICE 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 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001~-~ ~ CIVIL TERM IN DIVORCE COMPLAINT I__~N DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the Plaintiff, GARY K. DARHOWER, by and through his attorney, Douglas G. Miller, Esquire, and files this Complaint in Divorce against the Defendant, LISA M. DARHOWER, and in support thereof avers as follows: 1. The Plaintiff is Gary K. Darhower, an adult individual residing at 610 Burghers Road, Carlisle, Pennsylvania 17013. 2. The Defendant is Lisa M. Darhower, an adult individual residing at 791 Hamilton Court, Carlisle, Pennsylvania 17013. 3. The Defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 6, 1979 in Carlisle, Pennsylvania, and separated on January 14, 2001. 5. There have been no prior actions of divome or for annulment between the parties. 6. There were two (2) children bom to this marriage, namely Brandy L. Darhower, bom December 27, 1979, age 21 years, and Jason C. Darhower, bom April 29, 1983, age 18 years. 7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Date: May 31, 2001 By: Respectfully submitted, IRWIN, MeKNIGHT & HUGHES Dougla~ G. Miller, Esquire Attorndy for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 83776 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Kay 30 ,2001 GARY K. DARHOWER, Plaintiff LISA M. DARItOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ._ 2001 -.33 3)t CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: llay 30 ,2001 G~.RY K. DARHOWER t of Common Pleas of he Cour s Ivania ~uTmtbefland County, Penn ¥ File No. 2001-333/~ LI5~ N. D~ltO~R STATEMENT OF iNTENTION TO PROCEED To the Court: intends to proceed with the above captioned matter. plainl;it[~ · Gar~ K. Da~hoVe~, plaintiff, Gar~ K. ~a~uu .... Date: October: 1, 2004 60 rgest pomfret Street Cat-lisle, PA 17013 (717) 249-2353 GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION ' LAW : 2001 - 3334 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND : NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the defendant, Lisa M. Darhower, June 12, 2001 by certified mail, return receipt requested, addressed to Lisa M. Darhower at her address at 610 Burgnex~ Road, Carlisle, PA 17013, with retUrn receipt number 7099 3400 0018 4997 1216. 3. That the said receipt for certified mail is signed ~d attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN & McIrd~qlGHT Date: October 13, 2004 Douglas [3. Miller, Esquire Supreme CouvL Id # 83776 60 West PomtYet Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Gary K. Darhower · Complete items i, 2, and 3. Also complete item 4 [f4~e~tricted Delivery is desired. · Print your name and address on the reverse so that we cen return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. LISA M DARIIOM~R 610 BIIRG'I~RS ROAD CARLISLE PA 17013 2. Axticle Numbe~ (Copy from sen, ice label) 70~9 3-I~-- 0018 &~J4)7 1216 [] Addressee different from item 17 I"1 ye6 YES, enter delivery address below: [] No 3. Service Ty~ ~1~ Certified Mail [] Registen~d [] Expre6s Mail ~ Return Receipt for Merchandise [] C.O.D. j~Yes ps Form 3811, July 1999 1025~5-0o-M-0952 Postage Certified Fee Return ReCeipt Fee Postmark Here L~SA ~ D~O~ ................................................. GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2001 - 3334 CIVIL TERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 31, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2001 - 3334 CIVIL TERM : 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 divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. G~RY I~ARH'OWER- - Plaintiff GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : 2001 - 3334 CIVIL TERM _. : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 31, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: L~S~ M. DARH'6WER Defendant GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLANiD COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : 2001 - 3334 CIVIL TERM : : 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 divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: LIS~ M. DARHOWER - Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of (D C4 b er-:, 2004, by and between LISA M. DARHOWER, (hereinafter referred to as "WIFE") and GARY K. DARHOWER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 6, 1979, and a Complaint in Divorce filed on May 31, 2001, in Cumberland County, Pennsylvania at Docket No. 2001-3334; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is 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, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. ge Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Douglas G. Miller, Esquire of Irwin & McKnight; WI~E was represented by Thomas S. Diehl, Esquire of Mislitsky & Diehl, but at this time chooses not to be represented by counsel, and by initialing this page acknowledges her right to be represented by counsel ~ ; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. o It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 610 Burgners Road, Carlisle, Cumberland County County, Pennsylvania, 17013 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND. HUSBAND agrees to refinance the existing mortgage obligations on the property and thereby remove WIFE'S name from said obligations, at which time, or earlier, WIFE shall move from the marital residence. Legal counsel for HUSBAND shall hold the signed document in escrow until such time as necessary for HUSBAND'S refinance, at which time the Deed shall be filed of record with the Cumberland County Recorder of Deeds. It is the understanding of the parties that their Florida time share property is no longer an asset as the parties ceased making the required payments. In the event that the parties still have an ownership interest, WIFE agrees to transfer all right, title and interest which she may have in the time share to HUSBAND and hereby releases all claims which she may have regarding said property interest. HUSBAND agrees to hold WIFE harmless from any obligations relating to said time share property and indemnify her if any claim is made against her. o SUPPORT: Following the execution of this Agreement, it is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. o PERSONAL PROPERTY: The parties agree that the personal property will be divided to the parties' mutual satisfaction upon WIFE'S removal from the marital residence. In the event the parties are unable to agree as to the division of property, then the parties agree to submit their disputes regarding division to a mediator, mutually agreed upon by the parties. Upon the final division of property, WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND, and HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Upon the final division of property, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: HUSBAND agrees to pay the existing loan on the Suzuki Sidekick currently in possession of WIFE and upon payoff of the automobile loan with American General Finance, HUSBAND agrees to execute all documents necessary to transfer the title of the Suzuki Sidekick to WIFE. WIFE shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may have in his possession. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any future vehicle she may own, and she shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: The parties to this matter are not aware of any joint credit card debts. However, it is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all credit cards and other debts incurred by WIFE in her name alone. WIFE represents and warrants to HUSBAND that since the filing of the Divorce Complaint she has not contracted or incurred any debt or liability for 6 which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all credit cards and other debts incurred by WIFE in her name alone HUSBAND after the date of separation. HUSBAND shall also indemnify WIFE and hold her harmless against IRS tax penalties being paid by HUSBAND for the early termination of WIFE'S 401(k) retirement plan. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND 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. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE and any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to any of HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS, STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach 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. 16. 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. 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. APPLICABLE LAW: Commonwealth of Pennsylvania. 19. This Agreement shall be construed under the Laws of the 20. PRIOR AGREEMENTS: 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. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: (SEAL) (SEAL) lO COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this I/~ day of 0Cb 2OO~ 2004, a Notary Public, LISA M. DARHOWER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Cyndi M. Wright, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Apr. 15, 2007 Member, Pennsylvania Association of Notaries Notary Public COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this IL- day of OZ_..~- 2DOff , 2004, a Notary Public, GARY K. DARHOWER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Notarial Seal Cyndi M. Wright, Notary Public Silver Spring Twp., Cumberland County My Cormnission Expires Apr. 15, 2007 tnM~v,,emOer, 15eonsylvania Association ot Notaries II GARY K. DARHOWER, Plaintiff LISA M. DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2001 - 3334 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and/or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Lisa M. Darhower by certified mail, restricted delivery, on or about June 12, 2001. The Affidavit of Service was filed with the Prothontoary on or about October 13, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: October 15, 2004 by defendant: October 15, 2004 Code: (b)(1) (b)(2) Date of execution of the affidavit required by Section 3301(d) of the Divorce Date of filing and service of the plaintiff's affidavit upon the defendant: 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 which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 21, 2004 Prothonotary: Date: Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the October 21, 2004 Douglas 0' Miller, Esquire Attorney for Plaintiff October 28, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~~'. PENNA. GARY K. DARHO~ER, Plaintiff No. 2001-3334 VERSUS LISA M. DARtIOI~R, Defendant DECREE IN DIVORCE AND NOW, ~-oow It IS ORDERED AND DECREED THAT , PLAINTIFF, AND LISA M. DARHO~LZR , 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 ~arriage Settlement Agreement dated October 16, 2004 and signed by the parties is hereby incorporated into this decree but not merged. by ThE COUrt: / ~T / PROTHONOTARY