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HomeMy WebLinkAbout05-5202SUSAN J. BLESSING, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION LAW / JOSEPH S. BLESSING, : NO.2005 - 5 ZO-2 - el v t C ??1L Defendant : DIVORCE NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 717-249-3166 C'1 r'a CD _71 7'i C-3 .. - -i SUSAN J. BLESSING, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION LAW JOSEPH S. BLESSING, : NO.2005 - Sao-I- Gi c,1 1 Defendant : DIVORCE COMPLAINT Plaintiff, Susan J. Blessing, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Susan J. Blessing, is an adult individual residing at 11 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 2 Defendant, Joseph S. Blessing, is an adult individual residing at 5 Kutz Road, Carlisle, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant were married in Cumberland County Pennsylvania on January 19, 1991. 4 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action. 5 There have been no prior actions of divorce or for annulment between the parties. 6 The marriage is irretrievably broken. 7 The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing her from the Defendant. BROUJOS & GILROY, P.C. By. Hubert X. Troy, Esquire Attorney or Plaintiff Bt9tanover Gilroy, P.C. 4 Street Carlisle, PA 17013 717-243-4574 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. c, Date Susan J. Big/sing, Plaintiff -y: ra c.n co C) 71 U C 3 SUSAN J. BLESSING, Plaintiff V. JOSEPH S. BLESSING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2005-5202 DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Joseph S. Blessing, the defendant, in the above-captioned matter. V7 2005 ssica L. Bowman Certified Legal Intern ?J Anne 1 ?-Fox, Es Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C C/? T - C?? C t p t'17 ?--, C+7 _s ? J to +C .f- Susan J. Blessing, Plaintiff/Respondent V. Joseph S. Blessing, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 2005 - 5202 PETITION FOR EQUITABLE DISTRIBUTION AND CUSTODY AND NOW comes Joseph S. Blessing, the Defendant/Petitioner in the above-captioned divorce action, by and through his attorneys, the Family Law Clinic, and sets forth the following petition for equitable distribution and custody, pursuant to Pa.R.C.P. No. 1920.15(b): COUNT L• CUSTODY 1. Defendant/Petitioner seeks custody of the following children: Name Present Residence Age Kacy Blessing 11 Trine Ave., Mt. Holly Springs, PA 14 Joseph S. Blessing, Jr. 11 Trine Ave., Mt. Holly Springs, PA 13 Jacob Blessing 1 I Trine Ave., Mt. Holly Springs, PA 11 The children are presently in the custody of Plaintiff/Respondent who resides at 11 Trine Ave., Mt. Holly Springs, PA 17013. 2. During the past five years, the children have resided with the following persons and at the following addresses: Persons Susan Blessing Lori Smith Joseph Blessing Joseph Blessing Susan Blessing Addresses Dates 11 Trine Ave., Mt. Holly Springs, March 06 - Present PA 5 Kutz Rd., Carlisle, PA 5 Kutz Rd., Carlisle, PA July '05 -March `06 2003 - July `05 Joseph S. Blessing 36 Rays Dr., Newville, PA 1984 -2003 Susan Blessing 3. The relationship of Plaintiff/Respondent, Susan J. Blessing, to the children is that of mother. Plaintiff/Respondent currently resides at 11 Trine Ave., Mt. Holly Springs, PA with the following persons: Name: Relationship: Lori A. Smith Girlfriend Kacy Blessing Child Joseph S. Blessing, Jr. Child Jacob Blessing Child She is currently married to Defendant/Petitioner, Joseph S. Blessing. The relationship of Defendant/Petitioner, Joseph S. Blessing, to the children is that of father. Defendant/Petitioner currently resides at 5 Kutz Rd., Carlisle, PA with the following persons: Name Donna Marie Renna Relationship: Girlfriend Defendant/Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Defendant/Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Defendant/Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting Defendant/Petitioner primary physical custody of the children because: a) Defendant/Petitioner is willing to accept custody of the children. b) Defendant/Petitioner has been the children's sole primary caretaker from July 30, 2005 to on or about March 3, 2006. C) Defendant/Petitioner can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs. d) Defendant/Petitioner is willing to allow the Plaintiff/Respondent periods of partial custody so as to permit her to continue a parental relationship with the children. e) The children prefer to live with the Defendant/Petitioner. 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. WHEREFORE, Defendant/Petitioner requests the Court to grant him primary physical custody of the children, and to grant Plaintiff/Respondent periods of partial physical custody as the parties may agree to in the future, and such other relief as the Court deems just. COUNT II: EOUITABLE DISTRIBUTION 8. Plaintiff/Respondent is Susan J. Blessing, an adult individual who currently resides at I 1 Trine Avenue, Mt. Holly Springs, Pennsylvania, 17065. 9. Defendant/Petitioner is Joseph S. Blessing, an adult individual who currently resides at 5 Kutz Road, Carlisle, Pennsylvania, 17013. 10. A complaint in divorce was filed in this matter on Oct. 4, 2005. 11. The parties separated on July 18, 2005. 12. There have been no prior actions of divorce or annulment between the parties. 13. The marriage is irretrievably broken. 14. Plaintiff/Respondent and Defendant/Petitioner have acquired marital property and debts during their marriage. WHEREFORE, Defendant/Petitioner requests this Honorable Court to equitably divide the marital property and debts of the parties. Respectfully submitted, Date E-`5 _ C'9>- Ct( l?Zi 1A Let Ste anie Botabara Certified Legal Intern )7Ji i. v Anne Macdonald-Fox Thomas M. Place Robert E. Rains Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Custody and Equitable Distribution are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: Ase ?? ph S. Blessing Defendant/Petitioner r Susan J. Blessing, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Joseph S. Blessing Defendant NO. 05-5202 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Joseph S. Blessing, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, C -C' 3 t (t 'C'2.1h "4 Date '4 Ste anie Botabara Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 SUSAN J. BLESSING IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY JOSEPH S. BLESSING Defendant No. 2005 - 5202 CIVIL TERM CERTIFICATE OF SERVICE I, Stephanie Botabara, Certified Legal Intern of the Family Law Clinic, hereby certify that I am serving a true and correct copy of Petition for Equitable Distribution and Custody on Hubert X. Gilroy, Esq., counsel for Plaintiff Susan Blessing, at Broujos & Gilroy, 4 North Hanover St., Carlisle, PA 17013, by depositing a copy of the same postage pre-paid in the United States mail, this 5th day of May, 2006. A'y" L91?_ St- ep9aanie Botabara Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 c ?' ??? ?? N ?m r ,.-^ SUSAN J. BLESSING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH S. BLESSING DEFENDANT 05-5202 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 099 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 08, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 ? 4-4, X0 ?a•as Oorl*w loo* 14V AIN 00 .Z Wd 0 I AVW 9001 AbKOVO?Odd 3Hl dO ?01?-'40-Q31lj JUN 1 2, `0 6 SUSAN J. BLESSING, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5202 CIVIL ACTION - LAW JOSEPH S. BLESSING, Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this /yku day of 2006, upon consideration of the attached Custody C ciliation Report, it is ordered and directed as follows: 1. The Father, Joseph S. Blessing, and the Mother, Susan J. Blessing, shall have shared legal custody of Kacy Blessing, born December 16, 1991, Joseph S. Blessing, Jr., born November 19, 1992 and Jacob Blessing, born January 30, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Beginning June 8, 2006, the parents shall have shared physical custody on the following schedule: A. Father shall have physical custody of the children every Wednesday from 5:00 p.m. to Saturday at 7:00 p.m. B. Mother shall have physical custody every Saturday from 7:00 p.m. to Wednesday at 5:00 p.m. C. Father shall have physical custody of the children on Father's Day from 12:00 noon to 8:00 p.m. D. The parties shall accommodate each other's vacation schedules and the children's scheduled activities. 3. Transportation shall be shared such that the relinquishing party shall transport, unless otherwise agreed by the parties. 4. The parties shall have liberal telephone contact with the children. 5. The parties shall cooperate with co-parenting counseling which shall be arranged by Father. 6. The parties shall cooperate with the children's counseling by transporting the children to their appointments and participating in the counseling if requested by the counselor. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for August 1, 2006 at 8:30 a.m. cc;,fftephanie Botabara, certified legal intern, Thomas M. Place, Esquire, Family Law Clinic, Counsel for Father ,.IOlichael A. Scherer, Esquire, Counsel for Moth?er/ I??Y 6? 10 :6 N"J a I ('??,7 GUZ DAL ?O i , i.J S SUSAN J. BLESSING, Plaintiff/Respondent V. JOSEPH S. BLESSING, Defendant/Petitioner PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5202 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kacy Blessing December 16, 1991 Mother Joseph S. Blessing, Jr. November 19, 1992 Mother Jacob Blessing January 30, 1995 Mother 2. A Conciliation Conference was held in this matter on June 8, 2006, with the following in attendance: The Father, Joseph S. Blessing, with his counsel, Stephanie Botabara, certified legal intern and Thomas M. Place, Esquire, Family Law Clinic and the Mother, Susan J. Blessing, with her counsel, Michael A. Scherer, Esquire. 3. The parties agreed to an Order in the form as attached. 6-9 -00 ,.. /4- V ? Date acq line M. Verney, Esquire ?- Custody Conciliator SUSAN J. BLESSING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JOSEPH S. BLESSING, Defendant. : NO. 2005 - 5202 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this' I ay of -3-L-, 2006, between Susan J. Blessing, hereinafter Mother, and Joseph S. Blessing, hereinafter Father, concerning the custody of their children Kacy Blessing, born December 16, 1991; Joseph Blessing, Jr., born November 19, 1992, and Jacob Blessing, born January 30, 1995. Father and Mother agree to the following: 1. Father and Mother shall share legal custody of the children. 2. Father and Mother shall share physical custody of the children every week, with Father having the children from Wednesday at 5:00 p.m. until Saturday at 7:00 p.m. and with Mother having the children from Saturday at 7:00 p.m. until Wednesday at 5:00 p.m. 3. Father and Mother agree that this schedule may be modified upon agreement of the parties. 4. Father and Mother agree that holidays are to be alternated or shared. 5. Father and Mother agree that each party will have the children for a one- or two-week uninterrupted period during the summer. 6. Father and Mother agree that the parent relinquishing custody will transport the children to the parent receiving custody. 7. Father and Mother agree to cooperate in taking the children to their medical appointments as necessary. 8. Father and Mother agree to notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of the Court. ;Su: sa4J?.e s sing Plaintiff Michael A. Sc erer, Esq. O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249 -_6873 Fax (717) 249 - 5755 oseph S. Blessing Defendant Step anie Botabara Certified Legal Intern THO . PLACE -"I - ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 C) c? t . ,. ?,.? F',l -TI L.:`) RECEiV -=' our. 3 0 2006 SUSAN J. BLESSING, : IN THE COURT OF COMMO Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JOSEPH S. BLESSING, Defendant. : NO. 05 - 5202 CIVIL TERM CUSTODY ORDER AND NOW, this K day of , 2006, upon agreement of the parties as evidenced by the attached, the following Custody Order is now entered: 1. Joseph S. Blessing, hereinafter Father, and Susan J. Blessing, hereinafter Mother, shall share legal custody of the following children: Kacy Blessing, born December 16, 1991; Joseph Blessing, Jr., born November 19, 1992; and Jacob Blessing, born January 30, 1995. 2. Father and Mother shall share physical custody of the children every week, with Father having the children from Wednesday at 5:00 p.m. until Saturday at 7:00 p.m. and with Mother having the children from Saturday at 7:00 p.m. until Wednesday at 5:00 p.m. 3. Father and Mother agree that this schedule may be modified upon agreement of the parties. 4. Father and Mother agree that holidays are to be alternated or shared. 5. Father and Mother agree that each party will have the children for a one- or two- week uninterrupted period during the summer. 6. Father and Mother agree that the parent relinquishing custody will transport the children to the parent receiving custody. 7. Father and Mother agree to cooperate in taking the children to their medical appointments as necessary. 8. Father and Mother agree to notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. J. X( %0 115\ q0 >8 Wiv I £ 9AV 3LUl A?dlo;;ca t Jed 33A do 3EP 1? 6 ?U(E I3Y: SUSAN J. BLESSING, Plaintiff V. JOSEPH S. BLESSING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5202 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 7th day of September, 2006, being advised that the parties have reached a custody stipulation agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq ine M. Verney, Esquire, Custody onciliator -j t J1C ` -? _ ,,: i' Sid Susan J. Blessing, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Joseph S. Blessing, Defendant : NO. 2005 - 5202 CIVIL TERM NOTICE TO PLAINTIFF If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in July 30, 2005, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date ?- /-a -7 ose Blessing Defendant .. S?:.; D a??3 • ? 1 T? 'w? SUSAN J. BLESSING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE JOSEPH S. BLESSING, Defendant NO. 05 - 5202 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2007, by and between Susan J. Blessing of Mount Holly Springs, Cumberland County, Pennsylvania, and Mr. Joseph S. Blessing of Carlisle, Cumberland County, Pennsylvania, concerns marital debts, property, and support of their children. This Agreement is intended to constitute a full and final settlement of all economic issues relating to the marriage and divorce of the parties. The parties intend that this agreement will be entered as an Order of the Court. WHEREAS, plaintiff, Susan J. Blessing, hereinafter "Wife," and defendant, Joseph S. Blessing, hereinafter "Husband" desire to enter into an agreement as to the distribution of their marital debt, property, and support of their children. Wife and Husband agree to the following: SEPARATION 1. The parties have lived separate and apart since July 18, 2005. AUTOMOBILES 2. The vehicles the parties owned at the time of separation will be distributed in the following manner: A. Wife will retain the 2001 Dodge Durango, which will be retitled in her name only. Wife agrees to make the monthly payments owing on this vehicle and further agrees to indemnify Husband if Husband is obligated to make payments on the vehicle. B. Husband will retain the unlicensed 1977 Ford F 150. MOBILE HOME 3. Husband will retain the 1983 mobile home. Wife agrees to sign documents to retitle the mobile home in Husband's name only. RETIREMENT, PENSION AND SIMILAR ACCOUNTS 4. Wife hereby relinquishes or transfers any and all interest she may have to the retirement benefits due and owing to Husband through his employment with Allen Distribution including the remainder of Husband's 401(k) account, any other pension account, or any other retirement account Husband may have with Allen Distribution or any other employer. 5. Husband hereby relinquishes or transfers any and all interest he may have to the retirement benefits due and owing to Wife through her employment with Excel Unilabor, including Wife's 401(k) account, any other pension account or any other retirement account Wife may have with Excel Unilabor or any other employer. OTHER PERSONAL PROPERTY 6. As to the remaining property, it is understood and agreed that each party shall retain as his or her sole and separate property, free and clear of any claim of the other, all of those items of personalty which each now has in his or her respective possession or control. ALIMONY 7. Husband and Wife agree that neither party shall seek alimony or spousal support. DEBTS AND LIABILITIES 8. Each parry agrees to continue payments for the cellphone contract(s) under his or her name only. 9. Each party agrees to continue payments for debts incurred through credit cards issued under his or her name only. 10. Wife agrees to make payments on the 2001 Dodge Durango which will be retitled in her name only. Wife agrees to indemnify Husband if Husband is required to make any payments on said vehicle. MEDICAL INSURANCE 11. Wife agrees that, from the date the divorce is entered in this matter, she will be excluded as a beneficiary from Husband's medical insurance with his employer, Allen Distribution. LIFE INSURANCE 12. Each parry agrees that, from the date the divorce is entered in this matter, he or she will be excluded as a beneficiary from the other party's life insurance. INTEGRATION 13. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADVICE OF COUNSEL 14. Each party, represented by counsel, confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, adequate and reasonable under the existing facts and circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. usan J. e n oseph S. Blessing Plainti Defendant A A ubert X. Gilroy, BROUJOS & ROY 4 North Hano r Street Carlisle, PA 7013 (717)243- 74 Fax (717) 243-8227 Ciz_-a-f7la Corwin Certified Legal Intern ? THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 d7 C` C) (77 CA) SUSAN J. BLESSING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2005-5202 CIVIL JOSEPH S. BLESSING, : CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. round for Divorce: Irretrievable breakdown under Section . )3301(c) 1&3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: October 20, 2005 by First Class Mail, Restricted Delivery, Return Receipt Requested. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: November L, 2007; by Defendant: November 0, 2007. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 33010 of the Divorce Code: _2) Date of service of the Plaintiffs affidavit upon the Defendant: - 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the noti a of intention to file praecipe to transmit record, a copy of which is attached: November 4, 2007. (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: November 4/1 2007. (b) Date Defendant's Waiver of Notice was filed with the Prothonotary: November 2007. ubert .Gilroy, Esquire Attor y for Plaintiff Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 717-243-3341 ME ? 1yf Y q +ti N SUSAN J. BLESSING, :IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2005-5202 CIVIL JOSEPH S. BLESSING, Defendant, IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Joseph S. Blessong, by certified mail on October 20, 2005. A copy of the Certified Mail - Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. //// y07 DATE Sworn and subscribed before me this day of November, 2007 PNNotaj k'li4F?? c Deardorff Williams Otto Gilroy & Faller C0MM0R1%AJFA1 '*u MC 15"NGaVi VANIA y;ei'.eii ltfJ('? sVt4'.li JIM1 i J Carlisle Etro. t ,lrbaftnd ?:C, My Commission Expir,% Aug. b, 2009 Member, Pennsylvania Asaoaiation of Notaries COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 5, 2009 Member, Pennsylvania A6ac01#Aion of Nmaries 10 East High Street Carlisle, PA 17013 717 - 243-3341 ?. ?, ?? .?= ,?.?- ?t?' ? ? ? ?, ?.. ? ?? ?. SUSAN J. BLESSING, Plaintiff v JOSEPH S. BLESSING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-5202 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 4, 2005. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about October 20, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1 6 -6 elf e? aajy_?&? Susan J. 1 sing/Plaint' e (1/ m c rnm - ?:??, c3 cam' cr% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Auto- PENNA. SUSAN J. BLESSING Plaintiff VERSUS JOSEPH S. BLESSING Defendant N 0. 2005-5202 DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT SUSAN T_ RT.F.SSTNG , PLAINTIFF, AND JOSEPH S. BLESSING ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; Property Settlement Agreement dated May 21, 2007 is incorporated into this Order. PROTHONOTARY A* 'If 4/^;74- k,.f A7->,w WP'4 4o. he, // C.P /-e - //