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HomeMy WebLinkAbout01-4952DONALD K. COFFEE, Plaintiff DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Or- Ci ,t CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list ofman'iage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DONALD K. COFFEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. C, I qq,5 c 4, I : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE Plaintiff, Donald K. Coffee, is an adult individual who currently resides at DEBBIE J. COFFEE, Defendant 911 Willcliffe Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. His date of birth is February 13, 1954, and his social security number is 259-94-8773. 2. Defendant, Debbie J. Coffee, is an adult individual who currently resides at 27 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Her date of birth is March 24, 1955, and her social security number is unknown. 3. Plaintiff and Defendant have been bonafide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately previous to the filing of this Complaint in Divorce. The Plaintiff and Defendant were married on December 9, 1980, in Macon, Georgia. 5. 6. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiffrequests the Court to enter a decree of divorce. COUNT I ALIMONY 8. The averments of paragraphs 1 through 7 are incorporated herein by reference as though fully set forth at length. 9. The Plaintiff believes and therefore avers that he is entitled to an award of alimony pursuant to the provisions of the Divorce Code. COUNT II ALIMONY PENDENTE LITE, COUNSEl, FEES, COSTS AND EXPENSES 10. The averments of paragraphs 1 through 9 are incorporated herein by reference as though fully set forth at length. 11. The Plaintiff believes and therefore avers that he is entitled to an award of reasonable alimony pendente lite, counsel fees, costs and expenses. 12. Defendant is fully well and able to pay Plaintiff alimony pendente lite, counsel fees, costs and expenses incidental to this divorce action. WHEREFORE, Plaintiff respectfully requests the Court enter a decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Directing the Defendant to pay alimony to the Plaintiff; d. Directing the Defendant to pay alimony pendente lite and Plaintiff's counsel fees, costs and expenses incidental to this divorce; and e. Granting such further relief as the Court may determine equitable and just. Respectfully submitted, Dated: August 22, 2001 Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 Attorneys for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. ~/ZZ_/O ! CERTIFICATE OF SERVICE I hereby certify that I have served a tree and correct copy of the foregoing Complaint in Divorce upon the following by depositing a copy of same in the United States mail, regular and certified, restricted delivery, return receipt, postage prepaid, addressed as follows: Ms. Debbie J. Coffee 27 Sycamore Drive Mechanicsburg, PA 17050 Dated: August ~/~ , 2001 Kimberly J Ha{n Administraiive As '~nt Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 DONALD K. COFFEE, Plaintiff VS. DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, DEBBIE J. COFFEE, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the Plaintiffs Complaint as follows: 9055. Admitted. Admitted with clarification. Defendant's social security number is 265-11- 3. Admitted. 4. Admitted with clarification. While the parties were married on December 9, 1980, they were divorced some time later, and remarried on or about 1986. 5.-7. Admitted. COUNT I ALnVlONY 8. Neither admitted nor denied, as no response is required. 9. Denied. Plaintiff is gainfully employed, and therefore Plaintiff is not entitled to an award of alimony. COUNT II ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 10. Neither admitted nor denied, as no response is required. 11. Denied. Plaintiff is gainfully employed, and therefore Plaintiff is not entitled to an award of reasonable alimony pendente lite, counsel fees, costs and expenses. 11. Denied. Plaintiff is gainfully employed and therefore able to pay.his counsel fees, costs and expenses. It is further denied that Defendant is fully well and able to pay alimony pendente lite, costs and expenses. WHEREFORE, Defendant prays this Honorable Court to: (a) (b) (c) expenses; (d) (e) grant a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code; deny Plaintiff's request for alimony; deny Plaintiff's request for alimony pendente lite, counsel fees, costs and deny any and all other relief which has been requested by Plaintiff; and order such further relief as the Court may determine equitable and just. Date: September . 2001 Respectfully submitted, MAX J. SM~H, JRt, quire I.D. No. 32114 James, Smith, Durkin & Counelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer are true and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. DEB~;IE J. C~FEE /~/ DONALD K. COFFEE, Plaintiff VS. DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this /~ day of September, 2001, I, MAX J. SMITH, JR., Esquire, ' r Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant s Answe to Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Killian & Gephart Attn: Heather M. Faust, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 M~J SM~H~, JRt. ~soquire I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY ~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DONALD K. COFFEE, Plaintiff VS. DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSF. I.ING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fried on August 23, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry 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 request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: /~///~'~//~ / DONALD K. COFFEE, Plaintiff VS. DEBBtE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 01-4952 : : CIVIL ACTION - LAW : 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 fmther notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 h'othonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: DUUUm' . 37 DONALD K. COFFEE, Plaintiff DEBBIE J. COFFEE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other fights important to you. 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 at the Cumberland County Courthouse, One Courthouse Square, 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DONALD K. COFFEE, Plaintiff DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE AMENDED COMPLAINT IN DIVORCE Plaintiff, Donald K. Coffee, is an adult individual who currently resides at 911 Willcliffe Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. His date of birth is February 13, 1954, and his social security number is 259-94-8773. 2. Defendant, Debbie J. Coffee, is an adult individual who currently resides at 27 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Her date of birth is March 24, 1955, and her social security number is 265-11-9055. 3. Plaintiff and Defendant have been bonafide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately previous to the filing of this Complaint in Divorce. The Plaintiff and Defendant were married on December 9, 1980, in Macon, Georgia. 5. 6. The marriage is irretrievably broken. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff requests the Court to enter a decree of divorce. COUNT I ALIMONY 8. The averments of paragraphs 1 through 7 are incorporated herein by reference as though fully set forth at length. 9. The Plaintiff believes and therefore avers that he is entitled to an award of alimony pursuant to the provisions of the Divorce Code. COUNT II AI,IMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 10. The averments of paragraphs 1 through 9 are incorporated herein by reference as though fully set forth at length. 11. The Plaimiff believes and therefore avers that he is entitled to an award of reasonable alimony pendente lite, counsel fees, costs and expenses. 12. Defendant is fully well and able to pay Plaintiff alimony pendente lite, counsel fees, costs and expenses incidental to this divorce action. COUNT III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 13. The averments of paragraphs 1 through 12 are incorporated herein by reference as though fully set forth at length. 14. The Plaintiff and Defendant are the owners of various items of property acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff respectfully requests the Court enter a decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Directing the Defendant to pay alimony to the Plaintiff; d. Directing the Defendant to pay alimony pendente lite and Plaintiff's counsel fees, costs and expenses incidental to this divorce; e. Equitably distributing all marital property owned by the parties hereto; and f. Granting such further relief as the Court may determine equitable and just. Respectfully submitted, Dated: December 13, 2001 Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 Attorneys for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Amended Complaint in Divorce upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Max J. Smith, Esquire James Smith Durkin & Connelly LLP 134 Sipe Avenue Hershey, PA 17036 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 Dated: December /,~'~, 2001 DONALD K. COFFEE, Plaintiff DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEBBIE J. COFFEE Defendant files the following Income and Expense Statement and verifies that the statements made herein are true and correct. Defendant understands that false statements herein are made subject to ~j//~~ the penalties of 18 Pa. C.S. Sec ' 4904 relating to unswom falsification to authorities. INCOME: Employer: WHTM-TV Address: 3235 Hoffman Streett Harrisburqt PA Type of Work: Payroll Number: 6389 Pay Period (Weekly, Biweekly, etc.): Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding: 450.62 Social Security 200.30 State Income Tax 9O. 09 Local Wage Tax 32.31 Medicare 46.15 Retirement 387.69 Savings Bonds Credit Union Life Insurance Health Insurance 13.29 Other (specify): Disability 6.63 Television advertising sales Biweekl~ $3,230.77 + $1,333.00 monthly avg. commission NET PAY PER PAY PERIOD $2,003.19 +$700 net/month commission Other Income: Interest Dividends Pension Annuity Social Secm:ity Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Spousal Support Child Support TOTAL Week Month Year (Fill in Appropriate Column) EXPENSES HOIVIE Mortgage/Rent Maintenance Repairs UTILITIES Electric Gas Telephone Water Sewer Trash EMPLOYMENT Public Transportation Lunch TAXES School Real Estate Personal Property Income Week Month Year 1,196.22 83.33 83.33 100.00 200.00 60.00 35.00 36.67 . 30.00 151.55 33.33 165.42 33.33 EXPENSES INSURANCE Homeowners Automobile Life Accident Health Renters AUTOMOBILE Payments Fuel Repairs Maintenance Licenses Registration Auto Club MEDICAL Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, offitopedic devices EDUCATION Private Parochial School College (Fund) Religious School lunches Books/misc. PERSONAL Clothing Food Barber/Hairdresser Personal Care Laundry/Dr y Cleaning Hobbies Credit Cards Emergency Savings Memberships Week Month Year (Fill in Appropriate Column) 45.42 58.77 23.88 250.00 194.85 25.00 41.67 12.50 8.33 50.00 30.00 16.67 400.00 43.30 5.83 250.00 649.50 44.00 151.55 100.00 i00.00 500.00 16.67 EXPENSES LOANS 401(k) loan Home Equity MISCELLANEOUS Household Help Child Care Papers/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Conlributions Pet Expense Instrument Rental Summer Camp Other Support Alimony Payments OTHER House Alarm Monitoring Week Month Year (Fill in Appropriate Column) 275.00 482.90 20.00 303.10 31.33 208.33 108.33 2O8.33 41.67 25.00 26.00 41.67 30.00 $ 7,027.78 TOTAL EXPENSES DONALD K. COFFEE, Plaintiff VS. DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVAN/A : : NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of January, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Income and Expense Statement by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Killian & Gephart, LLP Attn: Heather M. Faust, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 I.D. No. 32114 James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DONALD K. COFFEE, Plaintiff VS. DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4952 : : CIVIL ACTION ~ LAW : IN DIVORCE INVENTORY AND APPRAISEMENT OF DEBBIE J. COFFEE Defendant files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory and appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. (x) 2. ( ) 3. ( ) 4. (x) 5. (X) 6. ( ) ( ) (x) (x) o 10. 11. 12. 13o 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicated face value, cash surrender value and current beneficiaries Annuities Gifts Inheritance Inheritance Patents, copyrights, inventions, royalties Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, workman's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other 0 0 m r~ 0 o ~ 0 ~ o ~ 0 '' -H~ ~o ~ -~o~ mom ~o ~ ~o LIABILITIES OF PARTIES Defendant marks on the list below those items applicable the case at bar and itemizes the liabilities on the following page: SECURED (X) 1. Mortgages ( ) 2. Judgment ( ) 3. Liens (X) 4. Other secured liabilities to UNSECURED (x) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. Credit card balances Purchases Loan payments Notes payable Other unsecured liabilities CONTINGENT OR DEFERRED 10. 11. 12. 13. 14. 15. Contracts or Agreements Promissory Notes Lawsuits Options Taxes Other contingent or deferred liabilities 0 0 0 0 DONALD K. COFFEE, Plaintiff VS. DEBBIE J. COFFEE, Defendant : IN THE COURT OF COMMON PLEAS : CLrMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4952 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this J,g'th day of I~,c,~n~r, 200,t, I, MAX J. SM/TH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Inventory and Appraisement by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Killian & Gephart, LLP Arm: Heather M. Faust, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 I.D. No. 32114 James, Smith, Durkin & Connelly Lt.P P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, Plaintiff V. DEBBIE J. COFFEE, Defendant NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 23, 2001. 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. o I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to autho~ ~__ Dated: /~//~/~ ~-"-- O~ J ! / DO~TALD K. C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, : Plaintiff : : U. : : DEBBIE J. COFFEE, : Defendant : NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. o 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 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false ~atements herein are made subject to the penalties of 18 Pa.C.S.~Sectio~4904 relating to unsworn falsification to authorities, y // //J! Dated: IYONKLD K.~FFEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, Plaintiff V. DEBBIE J. COFFEE, Defendant NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARAI~CE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Plaintiff, Donald K. Coffee in the above captioned matter. The said Diane G. Radcliff, Esquire, having taken over the representation of the Plaintiff from his prior legal counsel, Heather M. Faust, Esquire. Respectfully submitted, Camp Hill, PA 17011 PHONE: (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, Plaintiff DEBBIE J. COFFEE, Defendant NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 4th day of November, 2002, I, Diane G. Radcliff, Esquire, hereby certify that I have this day served true and correct copies of the following documents: 1. Praecipe for Entry of Appearance; 2. Defendant's Acceptance of Service of Divorce Complaint; 3. Defendant's Affidavit of Consent; 4. Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree; 5. Divorce Information Sheet; 6. Social Security Information Sheet; 7. Vital Statistics Form; 8. Plaintiff's Affidavit of Consent; 9. Plaintiff's Waiver of Notice of Intention to Request Entry of Decree; 10. Marital Agreement dated November 4, 2002; 11. Proposed Divorce Decree; 12. November 4, 2002 letter to Divorce Master requesting revocation of appointment of Divorce Master. upon Defendant's Attorney, Max J. Smith, Jr., Esquire, by mailing the same by first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire 134 Sipe Avenue Hummelstown, PA 17036 Respectfully submitted, Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL~-ND COUNTY, PENNSYLVAiqIA DONALD K. COFFEE, : Plaintiff : : V. : : DEBBIE J. COFFEE, : Defendant : NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ~%CC~.PTAI~. OF S~.RVTCE I, DEBBIE J. COFFEE the Defendant in the above captioned action, hereby accept service of the Complaint filed in the above captioned matter on August 23, 2001. Date: August 27. 2001 / DEBB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, Plaintiff V. DEBBIE J. COFFEE, Defendant NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 23, 2001. 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to falsification to unsworn authoritie Dated: DEBBIE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, : Plaintiff : V. : DEBBIE J. COFFEE, : Defendant : NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. o 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 o 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~Section 4904 relating to authorities. ~,/ ~,~ ~ /] ,~ unsworn falsification//~/~ '~ to >~/~~:>~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, Plaintiff DEBBIE J. COFFEE, Defendant NO. 01-4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT between DEBBIE J. COFFEE (hereinafter called "Wife") and DONALD K. COFFEE (hereinafter called "Husband.") WITNESSETH: WHEREAS, Husband and Wife were married on December 9, 1983; and, WHEREAS, There has been one (1) child born of this marriage, to wit: Lauren T. Coffee, born September 5, 1991; and, WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: ~Y.~RARAX~IQ~. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. ~. Each party shall be free from interference, authority and contact 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. '~. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contact or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, including the First USA Visa account, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. J~. Wife shall be solely responsible for payment and satisfaction of the CAP First MasterCard balance which existed at the time of separation, August 18, 2001, which Wife represents she has paid (either directly or by balance transfer) and instead currently has a credit card account with Direct Merchants which account shall also be paid solely by her. Wife shall indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment of the aforesaid accounts by Wife. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party or any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. ~. The parties are the joint owners as tenants by the entireties of a certain tract of improved real estate known and numbered as 27 Sycamore Drive, Mechanicsburg, PA 17050, (hereinafter referred to as the '~Real Estate"), heretofore utilized as the parties' marital residence. The Real is subject to a mortgage owed to Washington Mutual and a second mortgage owed to PNC (hereafter referred to as the ~Mortgages") . With respect to the Real Estate and the Mortgages, the parties agree as follows: Listing and Sale: The Real Estate is currently listed for sale with Jack Gaughen Realty at an initial listing price of $215,500.00. The parties shall hereafter continue to have the Real Estate listed for sale with this real estate broker, or any other mutually agreeable real estate broker and shall hereafter market the property so that it can be sold. The Real Estate shall be sold at the best obtainable price that pays off the Mortgages, provided that Wife is able to find suitable replacement housing at that time. The parties further agree to follow and abide by all reasonable advice as to listing and sales price suggested by their real estate broker. be Distribution of Proceeds: Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of the Mortgages and all other normal and reasonable settlement costs, shall be paid to Wife. Refinance or Ass~nmption and Deed Tr~-fer: The foregoing notwithstanding, if the Real Estate is not sold within one (1) de ee year of the date of this Agreement, the following shall apply: ~: Within ten (10) business days of the date of expiration of the said one (1) year period, Wife shall apply for an assumption or refinance of the Mortgages, such as would result in a release of any and all liability that husband may have under or pursuant to the Mortgages and the Notes underlying the Mortgages. Completion of Assumption or Refinance: Wife shall complete that assumption or refinancing within seventy (70) days of the date of expiration of the said one (1) year period. Deed Transfer: On the date of completion of the assumption or refinance, Husband shall make, execute and deliver the deed in the usual form conveying, transferring and granting to Wife all of his right, title and interest in and to the Real Estate, which deed shall be delivered to Wife on that date for recordation. Covenants. Restrictions and Liens: The conveyance of the Real E~state by Husband to Wife shall be under and subject to any covenants, restrictions, liens and encumbrances of record. pa_x~ment of Expenses: Pending the sale and settlement of the Real Estate, or conveyance thereof to Wife as heretofore provided, Wife shall be solely responsible for and shall pay the monthly payments required on the Mortgages and all other household expenses including, but not limited to, real estate taxes, municipal assessments, insurance, utilities, maintenance and repair and the like, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. Taxes: To the extent any taxes arise as the result of the sale of the Real Estate including, but not limited to, capital gains taxes or the equivalent, Wife shall be responsible for the timely and prompt reporting of that gain on her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, including, but not limited to, capital gains taxes or the equivalent, and further Wife shall indemnify, protect and hold Husband harmless therefrom. Indemnification: Wife shall indemnify, protect and save Husband harmless from any loss he may sustain, including attorney fees, as a result of any default in payment of the aforesaid obligations assumed by Wife pursuant to the provisions of this Paragraph. DIVISION OF PERSONAL PROPERTY. ACCOUNTS AND VEHICLER. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. In furtherance of the foregoing the following shall apply: Wife's Vehicle: Wife shall be entitled to exclusive ownership of the 1999 Ford Explorer currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and other expenses affect such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband's Vehicle: Husband shall be entitled to exclusive possession of the leased 1998 Toyota Camry currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of the lease, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. Title Transfer: The parties further agree to execute any vehicle titles, Power of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. Other Personal Property: Ail other Personal Property in the possession of Husband shall be the sole and separate property of Husband, and all other Personal Property in the possession of Wife shall be the sole and separate property of Wife. PENSIONS AND EMPLOY~.~T BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, and/or 401(k) accounts which they have accumulated during the course of their past and/or present 10. 11. 12. 13. employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which Husband is entitled through his employment with Herre Bros., and all benefits to which Wife is entitled through Harrisburg Television, Inc.,/WHTM-TV. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. ~. The parties have agreed that on a temporary basis Husband shall pay child support in the amount of $200.00 per month, which amount shall be paid on the 1st day of each month for the month in advance. The payments shall be made by Husband directly to Wife. The child support amount shall be subject to modification based on a change in circumstances of either party. It is acknowledged that there is a Support Order entered to PACSES No. 429103984, Court of Common Pleas of Cumberland County, which Order was previously suspended by Wife as the result of Husband's prior loss of employment. That case shall not be terminated, but shall remain of record, and may be reactivated at any time desired by Wife. Upon such reactivation, all child support payments shall be made through Domestic Relations and not directly to Wife. Husband shall receive credit against any arrears or amounts calculated under the Order for any direct support payments made by him for and/or after the period of time commencing on or after the effective date of the reactivated or new order. ~. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, or in connection with the pending divorce action between the parties against the other party for alimony, alimony pendente lite, spousal support and maintenance. ~-Q~. Husband and Wife agree to be solely responsible for payment of his or her attorney fees incurred in connection with this Agreement and the pending divorce action between the parties. LIFE INSURANCe. Husband and Wife agree to maintain whatever life insurance policies exist as of the date of this agreement which insure their respective lives naming the minor child as irrevocable beneficiary until she attains age 21. That beneficiary designation may be an outright designation of the child as the beneficiary, or by designating a guardian or trustee to received the death benefits 14. 16. 17. 18. 19. 20. on behalf or for the benefit of the child pursuant to the terms of his or her will, a written document, or otherwise. Proof of beneficiary designation and payment of premiums shall be furnished annually upon request. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. BREACh. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or pursue any other remedies or relief as may be available to him or her respectively in law, equity and as provided in the Divorce Code. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Wife, and Diane G. Radcliff, Esquire, attorney for Husband, and each party acknowledges that the 21. 22. 22. Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. WAIVER OF CLAIMS AGAINST ESTATR. 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 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, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and delivery any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. INCORPORATION OF AGRE~MRNT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement but that this agreement shall not merge with that divorce decree. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 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. 24. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. IRREVOCABLE AGREEMENT. It is understood and agreed to by and between the respective parties hereto that the property division- distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current of future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS Date: Date: {Seal} {Seal} DONALD K. COFFEE, Plaintiff VS. DEBBIE j. COFFEE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA NO. 01- 4952 CIVIL IN DIVORCE 2002, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 4, 2002, the appointment of the Master is vacated and COunsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: Diane G. Radcliff Attorney for Plaintiff Max j. Smith, Jr. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD K. COFFEE, Plaintiff V. DEBBIE J. COFFEE, Defendant TO THE PROTHONOTARY: 5o NO. 01--4952 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filing of Complaint: 8/23/01 b. Manner of service of Complaint.: Acceptance of Service by Defendant c. Date of Service of Complaint: 8/27/01 DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. P-~: 10/18/02 b. D~: 11/03/02 OR DATE OF EXECUTION OF THE PLAINTIFF,S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. ~a~: N/A c. Date of Service: N/A UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE: a. D~di~Lf~: N/A b. Manner of Service: N/A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE PROTHONOTARY: a. Plaintiff's Waiver: 10/21/02 b. ~efendant's Waiver: 11/05/02 RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated November 3, 2002, which Agreement is to be incorporated into but not merged with the Divorce Decree. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED WAS FILED WITH THE Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (7].7) 737-0100 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF DONALD K. COFFEE, Plaintiff VERSUS DEBBIE J. COFFEE, Defendant PENNA. NO. 01-4952 CIVIL TERM DECREE iN DivorcE AND NOW, DECREED THAT AND DONALD K. COFFEE DEBBIE J. COFFEE ,.2002 ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND _, PLAINTIFF, , DEFENDANT, 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; No issues are outstanding. Ail issues have been resolved and settled by the Parties, Marriage Settlement Agreement dated November 4, 2002, filed of record and incorporated into, but not merged with, this Decree. BY ThE COURT:/~ /? / AT~//~T~~~ , j. ~- ~- PROTHONOTARY