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HomeMy WebLinkAbout04-5226 SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle, PA " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No, 2004 - )~f6 v, CIVIL ACTION - LAW BRIAN E. RHOADES, JR, Defendant (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 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 maniage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date: 0 Wlw. It; ,2.004 SAIDIS, SHUFF, FLOWERy . . .I ,,. . (L1J:~ 1act E~quire '-SupremeG~~~N# 87954 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorneys for Plaintiff By: SAlOIS SHUFF, FLOWER & LINDSAY ATJ'ORNEYS'AT'LAW 26 W. High Street Carlisle. P A II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LYNETTE J. RHOADES, Plaintiff No, 2004 - 5';l QU, v, CIVIL ACTION - LAW BRIAN E. RHOADES, JR, Defendant (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 330I(d) OF THE DIVORCE CODE COUNT I - DIVORCE I. Plaintiff is Lynette J, Rhoades, who currently resides at 17 Sharon Road, Enola, Cumberland County, Pennsylvania. 2, Defendant is Brian E. Rhoades. Jr., who currently resides at 104 Salt Road, Enola, Cumberland County, Pennsylvania. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 25, 1992 in Cumberland County, Pennsylvania, 5, Plaintiff and Defendant have been living separate and apart since August 13, 2004, 6, There have been no prior actions of divorce or for annulment between the parties. SAlOIS lUFF, FLOWER & LINDSAY lITORNEVS"AT'lAW :6 W. High Street CarUste, PA II I 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling, See Plaintiff s Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8, The marriage is irretrievably broken, The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended, WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted, Date: Oth~t+' I~ I iDO~ SAIDIS, SHUFF, FLOWER & L B, ~~J~'t;;\" Supreme C~ # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY AlTOJ{NEYS.AT-UW 26 W. High Street Carlisle, PA II AFFIDAVIT I, Lynette }, Rhoades, being duly sworn according to law, depose and say: (I) 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 III 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, 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. Dated: JOIISk- ~'I"'l1k 0, rsAu:n.otJo Lynette }, Rh~Xdes, Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street CarJisle, PA II VERIFICATION I, Lynette J, Rhoades, verifY that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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, Dated: \Ohe,to~ ffyn~e~o~~ ~ ('2> 1"'"" ~.. -- --i VI ...... ~ ~ v\ ~ (S" ~ "1- - ~ o ';\ -~ "'- V) .!:\ ~~ e. r-, c.- " '-..(; "f2 ~ ?J ~ -"' ~ r-. , ~" ~ ~ . SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-L\W 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LYNETTE J. RHOADES, Plaintiff No. 2004 - $' ~~ I, v. CIVIL ACTION - LAW BRIAN E. RHOADES, JR, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this 15'IfJ.ay of Ptbf.2t/L , 2004, BY and BETWEEN Brian E, Rhoades, Jr., of 104 Salt Road, Enola, Cumberland County. Pennsylvania, hereinafter referred to as Husband, A N D Lynette J, Rhoades of 17 Sharon Road, Enola, Cumberland County, Pennsylvania, hereinafter referred to as Wife, RECITALS R.I: The parties hereto are Husband and Wife, having been joined in marriage on April 25, 1992, in Cumberland County, Pennsylvania; and R.2: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about August 13,2004; and R.3: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and BERil~ Page I of 19 LJR~ SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYSeAT-LAW 26 W. High Street Carlisle, P A II R.4: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.5: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.6: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower and Lindsay, and that Husband, cognizant of his right to obtain legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation, review and execution of this Agreement; and BER~L LJR4--L Page 2 of 19 SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-LAW 26 W. High Street Carlisle. P A R.8: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.9: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party, Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. To the extent they wish to do so, each party has had an opportunity to do an independent valuation of the assets, liabilities and income of the other party, To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: (I) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding, Neither party shall disparage or BER.ML Page 3 of 19 LJR~ SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 w. High Street Carlisle, P A II discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement or any Custody or Child Support Stipulation and Agreement and/or Order of Court, (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree, Simultaneous with the execution ofthis Agreement, the parties agree to execute their respective Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce, Said documents will be dated for ninety (90) days from the date Husband is served with the Complaint in Divorce, If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties acknowledge that they are joint owners of the premises more commonly identified as 17 Sharon Road, Enola, Cumberland County, Peunsylvania (hereinafter referred to as the "Marital Residence"), The appraised value of the Marital Residence on or about July 31,2003 was Ninety Thousand ($90,000) Dollars. Said Marital Residence is currently encumbered by a first mortgage, solely in Wife's name, with New Century Mortgage Corporation, The parties acknowledge that the balance of the first mortgage as of October 18, 2003 was approximately Seventy-Two BER~) " LJR~9 f( Page 4 of 19 . SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-LAW 26 W. High Street Carlisle, P A II Thousand ($72,000,00) Dollars. The parties further acknowledge that the first mortgage is solely in Wife's name; however the debt is considered marital. The parties further acknowledge that the Marital Residence is currently in jeopardy of being sold through foreclosure proceedings and/or through tax sale. The 2003 property taxes are due and owing on the Marital Residence, As of May 10, 2004, the parties owed One Thousand Six Hundred Sixty-Four ($1,664,00) Dollars in back taxes; however, from that time, interest has continued to accrue, Simultaneous with Husband signing over any right, title or interest he may have in and to the Marital Residence, and as part of this settlement, Wife agrees to asswne the obligation due and owing for the 2003 property taxes on the Marital Residence. In addition, Wife agrees to asswne responsibility for any obligation in connection with the 2004 property taxes on the Marital Residence, Wife shall hold Husband harmless with regard to any property taxes due and owing in connection with the Marital Residence for the tax years of 2003, 2004 and all ongoing years. Additionally, in order to prevent the Marital Residence from being sold as a result of foreclosure proceedings, Wife agrees to assume the outstanding obligation due and owing as a result of non-payment on the mortgage and any obligation due and owing as a result of the mortgage company commencing foreclosure proceedings, Said obligation currently totals Twelve Thousand Nine Hundred Five and 05/100 ($12,905,05) Dollars. This payoff is good through October 21,2004. See September 28,2004 letter from Chase Manhattan attached hereto as Exhibit "A" and incorporated herein by reference, Wife shall assume said obligation contemporaneously with Husband signing the Deed relinquishing any right. title or interest he may have in and to the Marital Residence. BER fJiL LJR~ Page 5 of19 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEVS-ATeLAW 26 W. Hjgh Street carlisle, P A Contemporaneously with the execution of this Agreement, Husband agrees that as part ofthis property settlement, he will convey any and all of his right, title and interest in and to said property to Wife, free of all encumbrances except the outstanding first mortgage, the delinquent and current property taxes, and the obligation due and owing to the mortgage company as a result of the Marital Residence going into foreclosure, which Wife agrees to assume and pay in due course. Simultaneous with the execution of this Agreement, Husband will execute and deliver a Special Warranty Deed to Wife conveying any interest Husband may have in and to said property to Wife, As soon as administratively feasible after the signing of this Agreement and the Deed, said Deed is to be recorded in the Recorder of Deeds Office in and for Cumberland County. Wife specifically agrees to hold Husband harmless with regard to the payments listed above, which are associated with the Marital Residence from the date of separation, forward. Husband agrees to execute any and all documents, within five (5) days of a request to do so by Wife, in order to effectuate the transfer of the Marital Residence and/or the utilities associated with the Marital Residence, solely into Wife's name, (4) DEBT: Each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenants at all times to keep the other free harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. BER~~ ~ LJ&J ~ e Page 6 of19 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA BER --i:fi-1- A. MARITAL DEBT: Other than those debts enumerated within this agreement, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. 1. Except as otherwise herein provided, each of the parties will pay all current bills and outstanding bills incurred on or before the date of separation ofthe parties, August 13, 2004, to the same extent that he or she has been paying then in the past and neither party shall incur any unusual bill which will bind the other party. Wife hereby agrees to return to Husband any and all joint credit cards or charge plates that she may have in her possession. Husband hereby agrees that if any of the joint credit card accounts have not been closed, within ten (10) days of the date of this Agreement, Husband will take all steps necessary to close said joint accounts. The parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the party who incurred said debts and the debt-incurring party shall save hannless the other party from any obligation or institutions of suit thereunder; and n. The parties have a joint account with East Pennsboro Township for the sewer and trash service associated with the Marital Residence. Wife agrees to assume and pay in due course, this joint obligation. The balance of the sewer/trash bill as of August 10, 2004 was Seven Hundred Eighty-Seven ($787,00) Dollars. Wife agrees to hold Husband harmless for this joint obligation, As soon as administratively possible, Wife will pay off this joint obligation and transfer the account solely into her name; and 111, The following accounts were solely in Husband's name: Pennsylvania American Water - account number 24- 1411480-7, PPL Electric Utilities, Comcast Cable - account number 09547188511-02-1, and Verizon - account number 717728915285621 y, Husband agrees to assume and pay in due course, these obligations which were solely in his name, but which could be considered marital debt. The balance of the water bill with Pennsylvania American Water as of September 20, 2004, was Seven Hundred Fifty-Four and 76/100 ($754,76) Dollars. The balance of the electric bill LJ~ Page 7 of 19 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS.AT-LAW 26 W. High Street Carlisle, P A II I. BER~ with PPL Electric Utilities as of September 15, 2004, was One Thousand Nine Hundred Fifty-Nine and 11/100 ($1959.11) Dollars, The balance of the cable bill with Comcast Cable as of December 17, 2003 was Five Hundred Eighty-Four and 79/100 ($584,79) Dollars, The balance of the phone bill with Verizon as of September 1, 2004 was One Hundred Forty-Eight and 81/100 (148.81) Dollars. Husband agrees to hold Wife hannless for these obligations. As soon as administratively possible, Husband shall payoff these obligations; and IV. Husband had a number of credit cards which were in his name, but on which Wife may have been an authorized user. The parties acknowledge that some of the debt accrued on these credit cards may have been marital. Husband has an account with Capital One, account number 4l2l74134235XXXX, which as of September 2004, had an unpaid balance of Two Thousand Eight Hundred Twenty- Three ($2823.00) Dollars, Husband also had an account with Citi Cards, account number 4271382834l6XXXX, which as of November 2003, had an unpaid balance of Eight Thousand Nine Hundred Eighty-Two ($8982,00) Dollars. Husband agrees as part of this settlement, he will assume and pay in due course these credit card debts. He will hold Wife harmless for these debts and any and all payments associated with these debts; and v, The parties also had an unsecured signature loan with Citifinancial, which as of October 2003, had an unpaid balance of Six Thousand Seven Hundred Thirty-Seven ($6737.00) Dollars. A portion or all ofthis debt could also be considered marital. As part of this settlement, Husband agrees to assume and pay in due course this unsecured loan. He will hold Wife harmless for this debt and any and all payments associated therewith; and VI. The parties also had a joint loan through Harris Savings Bank, which as of August 2004, had an unpaid balance of Six Thousand Eight Hundred Forty-One ($6841.00) Dollars, This debt is marital. As part of this settlement, Husband agrees to assume and pay in due course this debt. He will hold Wife hannless for this debt and any and all payments associated therewith; and Page 8 of 19 LJR (/ ,~R- SAlOIS SHUFF. FLOWER & LINDSAY A1TORNEVS-AT-LAW 26 W. High Street Carlisle, PA II VB, The parties are also responsible for a deficiency with the Internal Revenue Service, which is associated with the filing of their 2002 tax return, The total deficiency as of July 19, 2004 was Five Hundred Three ($503,00) Dollars, The parties agree to equally divide this deficiency, each paying Two Hundred Fifty-One and 50/100 ($251.50) Dollars to the IRS within thirty (30) days of the execution of this agreement. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on August 13, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnifY and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party, (5) MOTOR VEHICLES: The parties acknowledge that Husband, individually, holds title to a GMC Jimmy and to a Subaru Loyal Wagon. Wife hereby relinquishes any right, title or interest she may have in and to the Jimmy and the Subaru currently in Husband's possession, Husband shall acquire and maintain separate insurance on these vehicles, making sure that these vehicles are properly insured, Husband specifically agrees to assume full responsibility for and pay in due course, any encumbrance on Husband's Jimmy and Subaru, Husband shall hold Wife harmless and indemnify Wife from any loss thereon, The parties acknowledge that Wife, individually, holds title to two (2) Subaru's, a 1993 Subaru Loyal and an additional Subaru, which does not run, Husband hereby relinquishes any right, title or interest he may have in and to the two (2) Subaru's currently BERfA-L LJ~ Page 9 of 19 SAlOIS SHUFF, FLOWER & LINDSAY ATfORNEVS-ATeLAW 26 W. High Street Carlisle, P A II in Wife's possession, Wife shall acquire and maintain separate insurance on the two (2) Subaru's currently in her possession. Wife specifically agrees to assume full responsibility for and pay in due course, any encumbrance on the two (2) Subaru's in her possession and Wife shall hold Husband harmless and indemnify Husband from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: Except as provided herein, the parties hereto mutually agree that they have effected a satisfactory division ofthe furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession ofthe parties hereto. 1. On or before Sunday, November 7, 2004, Husband agrees to remove the following items from the marital home: his hunting and fishing gear; and his hand and power tools; and the curio cabinet; and the antique clock; and 2 marble tables; and the antique barometer; and the set of bunk beds; and his great-grandfather's rocking chair; and his personal bedroom suite, including a bed, 2 dressers, a night stand, a desk and chair; and his Christmas ornaments and Christmas items; and any personal items and papers; and his clothing; and the dishes agreed upon by the parties; and the 2 coolers agreed upon by the parties; and any of Husband's pre-marital property; and the red Simplicity lawn tractor; and BER ~~fi.. LJ~ Page 10 of 19 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA II any gifts received by Husband during the course of the marriage, Wife agrees to cooperate with Husband in arranging any additional times prior to the November 7, 2004 date, for Husband to gain access to the Marital Home. If said items are not removed by 11:59 p,m. on November 7, 2004, these items will become the sole and exclusive property of Wife. While Wife stores these items for Husband, Husband shall hold Wife harmless for any unintentional damage caused to these items. (7) Each party hereto INTANGIBLE PERSONAL PROPERTY: hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 40lK plans, and the like, Wife acknowledges that the marital property of the parties includes any marital portion of Husband's pension and retirement plan through his employment with LB,E,W, Local 143, The approximate value of Husband's retirement as of August I, 2004, was Thirty-Eight Thousand Four Hundred Seventy-Four and 77/100 ($38,474,77) Dollars, all of which was vested. See Account Statement dated August 1,2004, attached hereto as Exhibit "B" and incorporated herein by reference, Wife further acknowledges that the marital property of the parties includes any marital portion of Husband's pension through LB,E.W, Local 143. The current value of Husband's pension is unknown; however, Wife has been advised of her right to obtain an independent valuation of this asset and does not wish to incur the expense to do so, An BER f>( fi. LJR*- Page 11 of 19 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-ATeLAW 26 W. High Street Carlisle. P A II account statement dated September 23, 2004, showing years of service and rate of reimbursement is attached hereto as Exhibit "COO and is incorporated herein by reference. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's retirement and/or pension, and any marital interest therein, and, notwithstanding same, in exchange for Husband assuming the debts enumerated in Paragraph 4(A), Wife hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Husband's aforesaid retirement and or pension through LB.E.W. Local No, 143 Benefit Funds. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's retirement through her former employment with the East Pennsboro School District. The approximate value of Wife's Public School Employees' Retirement System (PSERS) retirement as of November 27,2003 was Four Hundred Ninety-Four and 94/100 ($494.94) Dollars. See Account Statement dated November 27, 2003, attached hereto as Exhibit "COO and incorporated herein by reference, Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's retirement account, and any marital interest therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid retirement account through the East Pennsboro School District and PSERS. (8) LIFE INSURANCE: The parties hereto believe that neither party has life msurance. To the extent that either party has life insurance, or the extent that either party acquires life insurance in the future, each party will retain their respective separate policies BER.f31. " LJR 4K=- Page 12 of19 SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-UW 26 W. High Street Carlisle, P A II and will be permitted to name anyone they wish as the designated beneficiary under their respective policies. (9) WAIVER of ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs, Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite, (10) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (11) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement, Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. BER 13~ t.. LJR~ Page 13 of 19 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA (12) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties hereto agree to file separate income tax returns for all ongoing years, specifically including 2004 and 2005, The primary custodian of the children will claim the children as a deduction for tax purposes, (14) BANKRUPTCY: The parties hereto acknowledge that bankruptcy may be a wise option for each of them and it is specifically contemplated that one or both of the parties may file for bankruptcy, If either party plans to file for bankruptcy, they hereby agree to notify the other party within five (5) days of filing said bankruptcy, The parties hereby agree to cooperate with one another in the filing, if any, of their separate bankruptcy petitions so that the other party may be made aware of any joint obligations that are listed to be discharged under the other party's bankruptcy petition. If either party decides to file for bankruptcy and they list any joint obligations, that party specifically agrees to reaffirm any and all joint obligations assumed by them under this agreement. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, BERf}/i f{ LJ~ Page 14 of 19 SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-LAW 26 W. High Street Carlisle, PA including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested, Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived, (16) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, retirement accounts and businesses, some or all of which were acquired during the marriage and therefore constitute marital property, However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (17) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. BERlKL LJR~ Page 15 of19 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT'LAW 26 W. High Street Carlisle, P A (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of spousal support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce, (19) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future spousal support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony ,md counsel fees, except those counsel fees sought in the event of a breach ofthis BER S~ I... LJR~ Page 16 of19 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT.LAW 26 W. High Street Carlisle, P A Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of spousal support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action to be filed between the parties. (20) SEPARABILITY of PROVISIONS: The parties agree that the separate obligations contained in this agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose ofthe invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divorce Code, (21) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. BER S~ 1- - LJR~ Page 17 of19 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle. P A (22) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, Upon entry of the Decree, the provisions of this Agreement shall be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption, (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. BER.B< i LJR~ Page 18 of19 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A (25) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses ofthis Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written, WITNESS: (UdJ;JJ ~ ~. ( .fh-.LI-. Brian E, Rhoades, Jr. Lindsay Gingrich Maclay, Esquire Attorney for Lynette J. Rhoades ~tRh~a~#~ BE~~ ~ LJR~ Page 19 of 19 EXHIBIT "A" SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.ATlLAW 26 w. High Street Carlisle, PA aCHASE Chase Manhattan Mortgage 10790 Rancho Bernardo Road San Diego, Ca 92127 September 28, 2004 LYNETTE J RHOADES 17 SHARON ROAD ENOLA, PA 17025- RE: Loan# 17194648 Property Address: 17 SHARON ROAD ENOLA, PA 17025- SERVICER REINSTATEMENT QUOTE GOOD THROUGH 10/21/04 11 Delinquent Payments From 12/01/03 To 10/01/04 Property Inspections/Appraisals Attorneys' Fees and Court Costs Outstanding Attorneys' Fees and Court Costs Advanced (Credits) Total Arrearage $8,148.25 $243.25 $1,874.05 $3,344.50 $705.00 $12,905.05 Chase will only accept reinstatement in certified funds or money orders(s). Payment should be sent overnight to the address below or by Western Union Quick Collect using the city code, "Rancho, California". Always reference your account number when submitting funds. Chase Manhattan Mortgage 10790 Rancho Bernardo Road San Diego, CA 92127 If you have any questions, please call me. Sincerely, Tammy Hutchinson Loss Mitigation Specialist Loss Mitigation (8DO)628-1674 ex!. 5128 This correspondence is from a debt collector. .' EXHIBIT "B" SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS'AT-LAW 26 W. High Street Carlisle, PA ..jAc.cess - .ljaJances oy Contnl>utlOn / C'~bC 1 Uf, ~ O~ef'{it!~ PIDn Pcrtj{iporJt Repar1. Hllp ~'r~I\I'~ lo~ Od l;:;. ._-. ".. .... _ .' ...... _0.____ ....."-..~,;...'-';...__.. _..,.__' ,",ollie 8o"'n<_ b, .Bolon(oby Contribution elo.ti.... TTOft./8r. J'".II~'''''l:oal1$ Wilhd",wa!> Fund Co."',,bu'ion His,,,,,, 100l' Appio",,' Wilna,_1 Ap"".....1 J'''.:.. Aftolho< -FltirtiC'ipom ISEW LOCAL NO. 143 ANNUlrvPLAtlI (a5787) Division: ANNUITY PLAN (00:'1) Location: lB.E.W LOCAL NO. 1413(001) Participant: BRIAN RHOADES JR (200-58,8079) As Of: 08/01/2004 Contribution Balance by Contrlbutlon Vested 'AC"('unt Percentage Balllnce . ($) 10<3.00 38.474.77 $38A74.77 . Vested Balilnce ($) 38,474.n $38,474,17 Vear10 Date ContribUtions ($) ',~2.42 $1,542.42' COMPANY RETIREMENT Total Yearto'date.:oontrlbutiprn. ielI8cf:dbll'lrsdfpQ.d'.liltO:;yoUr'aCcQuI1t~ba8ed::oi1 'YOur'-paytQU :effec:liYeidate. To seecontributlon balances fora pasnlate, selecflhlil "AS Of" date belClW,and'lhenpiess View: As 01; IAp~1I1' .tSI]2P~4....!.I III CJ-GNA.l(i'.'irt:JTlcllt-'t( 1 u"','!olnJt;'ot -'..",'rVi'l'5 .~~ S.leJlap :i:'~:" .eiur. 10 lop For.;rnore:irilormation-ortielpi ,pJ~;Seeth~ HeJp:sedion,of"'cqllPtinswei:tJnet>..st T;'I3QO;?5S~287-, (Hearing Irnpail8d TOO 1.800.834.2766). Copyrighlf>CIGNA RetiremenL&IJWesvnent~rvft;es.;A1LI1.Qht$i teS8tv'$d: '~'Pr!va:CV'jn1ormatlon~ . . EXHIBIT "c" SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS"AT"UW 26 W. High Street Carlisle. P A . . .. 1.8.e. W.....QgAL N().l43~ENEFI!FUN[)$ 2207 Forest Hills Drille, Suite "14' P. a.Box 648()' Harrisburg, PA 17112,0480 !7171671-i85$.1'.f'AX. (11'n'67I+ll/i02 D.H.EVAJIIsAssoClA'rES, lNc, Cont..wi IIdmlnlatlJllC)r' ,~~~.. Septembe:r 23, 2004 Brian E Rhoades, Jr 104 Salt Road Enola.PA 17025 RE: BEW.LocaJ Jt143 PensiQn I ~nllityFund Dewr Mr Rhoades, Jr: Per your request today, the folltlwing is the infonnaticn requested regarding your Pension Fund benefits from lBEW !.Deal #143 Pension Fund. The following is a breakdown of the years of service and benefits eamedfrurn your inception in the union .through July 31,2004. Service Sept J 99 J - Dee 1996 Servke Jan 1997 - Sept 2004: Supp Benefit Total base pension payable at age 65 5.30 years 4.20 ycm @$47.50 ::= @$80.00 = $25i.75 $336.0D $100.00 $687.75.pcT month 9.50 years This office is unable to give you a present value of your account balance. The Fund obtains 11 Actuary on an annual basis to detcnnine the present value of the .accounts as of year el)rl December 31. The Fund utilizes the services. of W &. W Actuarial Services Inc. Pittsbul'gh, PA to ~e this determination. Your legal counsel may desire to contact an Actuary to gel this determination. Also, the Annuity Fund account balance as d Augustl. 2004, was $38.474.77. Please feel free 10 contllC! this office ifycu have any additional questions regarding this infonnalion. Sin~ ~y, (' In VlLil.~ Jill . Sheetz D.H. Evans Associates, Inc. Contract Administrator JMS 14Jdivorceinfo-rhoacles-b SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT.LAW 26 W. High Street Carlisle. P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No. 2004 - 5226 v. CIVIL ACTION - LAW BRIAN E. RHOADES, JR, Defendant (In Divorce) ACCEPTANCE OF SERVICE I, Brian E. Rhoades, Jr., Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on October 18, 2004. Dated: ! () /;)..lJ /;;)..{)~ If I I _~^' <.IL ~- Bnan E. Rhoades, Jr., .0'efendant 104 Salt Road Enola, Pennsylvania 17025 By: ".) c,"; !,.. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-UW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No. 2004 - 52..2.(" CIVIL ACTION - LAW v. BRIAN E. RHOADES, JR, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 18, 2004. 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 the Notice of Intention to Request Entry of a Divorce Decree. 1 verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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. Date: ~ ~~,\~nAM LYN TTE J. OADES, Plaintiff f..~ SAIDlS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No. 2004 - 5").'1Jp v. CIVIL ACTION - LAW BRIAN E. RHOADES, JR, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October 18, 2004. 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 the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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. Date: .l.J-lP4-~--- ~~' (. a L. BRIAN E. RHOAD~S, JR., Defendant (.... -".< / -' (" SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle. P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No. 2004 -'52.24 CIVIL ACTION - LAW v. BRIAN E. RHOADES, JR, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: ~ ~ltJn~RkMM L TTE J. OADES, Plaml1ff SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle. P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No. 2004 - 521.(0 v. CIVIL ACTION - LAW BRIAN E. RHOADES, JR, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER !'l3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I undeTstand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 I further understand that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date:~ 1)~ ~. it / 1 . BRIAN E. RHOADES,tR., Defendant r .'~ ': - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No. 2004 - 5226 v. CIVIL ACTION - LAW BRIAN E. RHOADES, JR, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTIIONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant Accepted Service of the Complaint, which had been filed on October 18, 2004, by signing an Acceptance of Service on October 20, 2004. Said Acceptance was filed at the above-referenced docket number on October 25, 2004. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Affidavits of Consent on January 18, 2005. Both Plaintiff's and Defendant's Affidavits were fil,ed on January 21,2005. 4. Related claims pending: None. A Property Separation and Settlement Agreement was executed on October 15, 2004 and was fil,ed on October 18,2004. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on January 18, 2005. Both Plaintiff's and Defendant's Waivers were filed on January 21,2005. Date: I! ,-~;Jos- I I By: ~ ,...0 C7...:> (~) '?.A ':'\1 ...., r'l CL~ I t..f! ~ - ,.,'f. if.;Ii;li'" if. . ;Ii ;Ii;li;li;li'f. if.'f. ;Ii 'f. ;Ii if.'f. "';Ii;li ;Ii :+: ;Ii if.'" ;Ii . if.;liif.;Ii :+: if.if.;Ii "':+::+:+:+::+:if.:+::+:'f.~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + :+: 'l' +. 'l' +;+: Of;+: +. +:+ + + + + + + + + + + . + + . + + + + + + . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY LYNETTE J. RHOADES, PENNA. STATE OF Plaintiff No. 2004-5226 (Civil Term) VERSUS BRIAN E. RHOADES, JR., + + + . . . . + + . . . . . + + + + + + . + + + + + + + + + + + + + + Defendant DECREE IN DIVORCE 2005 ~r 1di1J~ Lynette J. Rhoades DECREED THAT AND NOW, , IT IS ORDERED AND , PLAINTIFF, Brian E. Rhoades, Jr. AND , DEFENDANT, + + + + + + + ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + . + + + . + BEEN RAISED OF RECORD IN YET BEEN ENTERED; None THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The parties' Property Settlement and Separation Agn~ement, dated October 15, + + + . + + + + + + + + + + + + + + + + + + + + + :+:+''f.'l' ;+: 2004, is herein incorporated, but not merged. BY THE OURT: I /1 4- Pw.qiJ-'-! - PROTHONOTARY + "';+: ;+: + + + + + + + + 'I';+; ;+:+ J. / //??-' X' rf!r'~w ?'.?:c.;/'It. fj If. C ;?'?PN/ fAl7 ;Z /(0//'"1/ /~/ /7;;7 51' /, 1/ e -. ..' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNETTE J. RHOADES, Plaintiff No. 2004 - 5226 v. CIVIL ACTION - L W BRIAN E. RHOADES, JR, Defendant (In Divorce) NOTICE OF INTENTION TO RESUME PRI R N NOTICE IS HEREBY GIVEN that Lynette 1. Rhoades, the Plai tiff in the above- captioned matter, having been granted a Final Decree in Divorce on ebruary 9, 2005, hereby intends to resume and hereafter use the previous name of Lynette J Kirkpatrick, and gives this written notice avowing her intention in accordance with the pro isions of the Act of April 2, ] 980, PL., 23 P. S. 702, effective July], ] 980. j TO BE KNOWN AS: ',- tJ Lynette J. K COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN ON this, the '2..b \'-, day of \, n, ex'" , 2005, be ore me, a Notary Public, personally appeared Lynette 1. Rhoades, now to be known as Lyne e J. Kirkpatrick, known to me or satisfactory proven to be the person whose name is subscr bed to the within instrument and acknowledged that she executed the same for the purposes t erein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NWEALTH OF PENNSYLVANIA Notaria' Seal MIchelle M. Bross, Notary Public ~c r Paxton Twp., Daup~ln County 'n, ommlosion Expires Sept. 23, 2006 Member, Pennsylvania Association of Notaries '.;."\, -"JLC~ Notary Public (.:J -;.c.. ....::t -p \. ~ \) , Q -<.~ ,'~ ~ c..-" - ""\:\ -J C) ~ W ~ -.C\ II- ..., ,.." ~ t)..l f- ':? ...D (;, .-.- . . f>