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HomeMy WebLinkAbout05-6679 RANDY V. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v M. ELLEN SINGLETON, Defendant CIVIL ACTION - LAW NO. J,(ff) - (.~ 1? c.',,, I') 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, including custody or visitation of your children, When grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249.3166 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET -. SH1PPENSBURG, PA 17257-1397 RANDY V. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAw ,-,- NO. 05- vI, '7 f' G/,i Ib-~ M. ELLEN SINGLETON, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Randy V. Singleton, by and through his attorneys, Weigle & Associates, P,C., and Richard 1. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Randy V. Singleton, is an adult individual presently residing at 145 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266, since June 30, 2005. 2. Defendant, M. Ellen Singleton, is an adult individual presently residing at 2153 Newville Road, Carlisle, Cumberland County, Pennsylvania 17241, since April 1, 2005. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing ofthe Complaint in Divorce. 4, The Plaintiff and Defendant were married on June 3, 2000, in Lees Crossroads, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6, Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken, 8. The parties have lived separate and apart since April 1 ,2005. 9, The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled, WEIGLE & ASSOCIATES, P.C. By: VI . , /' -/,' 4~_ / .' /6.' (1./, Richard 1. Webber, Jr., Esquire Attorney for Plaintiff ,..., Attorney ID #49634 126 East King Street Shippensburg, PA 17257 Telephone 717.532.7388 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-1397 . VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.s. 9 4904, relating to unsworn falsification to authorities. Dated: /;;2- / b" tJ j ~~- WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~ "--- ~ ~ --..... C' ~ (0 :t ~ "-J --- ~ "'- \J 'd ~ ~ ~ ~~ i' ~ ~ '" ~ ~ ~ t Q r-> C? ("..;;) en a "'.1"\ c-j r,) v ~ :.~:.: o -n .... T fTi~ -r:]Fl -:'9 ':0~.7~), ~,:;5.~5 ,;,)rn =.. j.:- CD :..:; o Q RANDY V. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 2005-6679 M. ELLEN SINGLETON, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Notice to Defend and Claim Rights with Complaint in Divorce attached, in the above referenced matter on behalf of M. Ellen Singleton and certify that I am authorized to do so. 12./2D / l'S Dated: I ~d!uU (' fI {If/,? ([!i(/ ------, Kara Haggerty, Esquire! ( I ' Attorney for Defendant-i.,,!) " Abom & Kutulakis ~ 36 South Hanover Street Carlisle, P A 17013 WEIGLE & ASSOCIATES, P.c. -- ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 "', C::;:.1 ....::.::1 ~"1 C=' IT) C) (..'" o -::1 r......) \.0 ~ ) _,'1 .~. :::.J -< - RANDY V. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW NO. 2005-6679 M. ELLEN SINGLETON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT ], A Complaint in divorce under 9330] (c) of thc Divorce Code was filed on December 21, 2005. 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 of 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. 9 4904 relating to unsworn falsification to authorities. Dated:3-3C Nt WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 113301(c) AND 113301(d) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904 relating to unsworn falsification to authorities. Dated: 3.30' elf .7 {'~ , 4 / , .-- 1 /' YJt .' Ie 'fL; A -t-t.._ M. Ellen Singleton, Defend nt ;/ WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG. PA 17257-1397 .._"' ._:0., / ....(:~' RANDY V. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 2005-6679 M. ELLEN SINGLETON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under g3301(c) of the Divorce Code was filed on December 21. 2005. 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 of 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904 relati to unsworn falsification to authorities. ~ Dated: b'- ~ Ob /1 ~ Randy V. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND 6 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904 re1atin unsworn falsification to authorities. Dated: c: /-.06 WEIGLE & ASSOCIATES, p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 -" '~2. f..-;;. c;;; , ~J\ ~, .;i: .-: r:=? ~ '('",-<,. ,-' '---,;'""\ ~-:'~ \' 1-,.-. \":0-. '-,' ;'. .::-1 Page 1 of9 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this II f L, day of J j >' ' 2005, by and between RANDY V. SINGLETON, hereinafter referred to as Husband, of 145 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania, and M. ELLEN SINGLETON, hereinafter referred to as Wife, of2153 Newville Road, Carlisle, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 3, 2000, at Lees Crossroads, Cumberland County, Pennsylvania, with no children having been born of the ~arriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party that have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, 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. Page 2 of9 AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party bst executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Randy V. Singleton, by Richard L. Webber, Jr., Esquire, who is attorney for Husband, and to M. Ellen Singleton, by Kara W. Haggerty, Esquire, attorney for Wife. Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment, which to him or her may seem advisable, Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. SEPARATION DATE The parties do hereby acknowledge that they separated on or about April 1, 2005. It is hereby agreed that April 1, 2005, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. Page 3 of9 PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and sepaJ:ate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and sepaJ:ate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmartied. AIRPLANE. BOAT. JET SKIS Wife hereby releases any interest that she may have with respect to a Cessna 172 airplane, a Sea fuly boat, and jet skis. MOTOR VEHICLES Husband shall release to Wife his interest in the 1997 Pace Arrow motor home. Wife shall be responsible for any encumbrance(s) affecting the motor home and shall pay any deficiency or receive any surplus resulting from its sale. Each party hereby releases any interest in the motor vehicles that aJ:e in possession of the other paJ:ty. REAL ESTATE LOCATED AT 141 EAST MAIN STREET. WALNUT BOTTOM. PA The parties acknowledge that the real estate located at 141 East Main Street, Walnut Bottom, Pennsylvania has been sold and that net proceeds of $49,528.50 were received, Husband's attorneys, Weigle & Associates, P.C, are presently holding the proceeds in escrow. Wife shall receive Twenty-five Thousand ($25,000.00) dollars upon execution of this Agreement. Husband shall receive the remaining $24,528.50 upon execution of this Agreement. REAL ESTATE LOCATED AT 145 EAST MAIN STREET. WALNUT BOTTOM. PA AND BUSINESS KNOWN AS KARTUNES UNLIMITED Husband owns real estate located at 145 East Main Street, Walnut Bottom, South Newton Township, Cumberland County, Pennsylvania. In addition, he owns a business known as Kartunes Unlimited, Inc. Wife waives any rights and claims related to the said real estate, the business and any related assets. Husband shall assume all obligations related thereto. Wife shall execute a Quit Claim Deed simultaneously herewith releasing any interest that she has in the real estate. EMPLOYMENT BENEFITS Each paJ:ty hereby waives any rights in any employee benefits of the other party. Page 4 of9 , FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS The parties have previously distributed the marirnl checking and savings accounts. AFTER-ACOUlRED PERSONAL PROPERTY IREAL ESTATE Each of the parties shall hereafter own and enjoy, independendy of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. WARRANTY AS TO EXISTING OBLIGATIONS Husband shall be solely responsible for =y credit card or other debt obligations that are listed in his sole name. Wife shall be solely responsible for any credit card or other debt obligations that are listed in her sole name. Each party agrees to indemnify and hold the other party hannless from the liabilities assumed. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party hannless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. LEGAL FEES Each party shall pay their own legal fees associated with the drafting and execution of this Agreement and the divorce action. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns for the 2004 tax year and subsequent years. Page 5 of9 MUTUAL RELEASES Husband and Wife each do hereby murually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever siruate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to pomicipate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. BANKRUPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. DIVORCE The parties hereto agree to enter into a murual consent divorce under Section 3301 (c) of the Pennsylvania Divorce Code of 1980, as amended. Husband agrees to pursue a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, to be the Plaintiff therein, and to pay the filing fees and service costs for doing so. Wife agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of the filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. Page 6 of9 MUTUAL COOPERATION' Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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 for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. RECONCILATION The parties shall only effect a legal reconciliation that supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. Page 7 of9 ENTIRE AGREEMENT 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. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. TAX CONSEOUENCES By this agreement, the parties have intended to effectuate any by this agreement have equitable divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property no constituting a part of the marital estate. SEVERABILITY The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, 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 of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. Page 8 of9 VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~A~ ~ WITNESS: YrJ. f/tw. (~~ M. ELLEN SINGLETON . Page 9 of9 COMMONWEALTH OF PENNSYLVANIA SS COUNTI OF CUMBERLAND On this, the ~ day of .:;:!vtr ,2005, before me a Notary Public, the undersigned officer, personally appearbd Randy V. Singleton, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. (SEAL) NOtARIAl. SEAl. MTRIClA L TOME Notary PublIc Sl_ . _1S8I RGIIORCUGH,CUMIlERI.ANOCOOITY My Commllslon Exlliles Jun 7, 2008 ~. " COMMONWEALTH OF PENNSYLVANIA SS COUNTI OF CUMBERLAND On this, the 7 f'j, day of 9 u4 ' 2005, before me a Notary Public, the undersigned officer, personally appeared M. Ellen Singleton, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~r~ (SEAL) :rH OF PENNS )I. Notarial Seal Anpla F. Unger, Nol8ry Public OmIown Bora, Franklin County Commission Expires Oct 7, 2008 MImbw, Penns~nia Association of Noterles I; ,."...-....-.--.-. c :----~' ~....- '-",,"'--' ,'.. ';.-~ j,,"'" ;~: , ,( o I ~ t"'--..' c.::> c) ',] :-:=\ c -~ c_. I" 1 -J r-:-1. r;~ C) RANDY V. SINGLETON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 2005-6679 M. ELLEN SINGLETON, 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: I. Grounds for divorce: irretrievable breakdown under 9 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: December 28, 2005, by mailing postage paid, at Shippensburg, Pennsylvania, addressed to Kara Haggerty, Esquire, Attorney for Defendant, with Acceptance of Service being dated December 28, 2005, and filed December 30,2005. 3. Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by Plaintiff, June 6, 2006; by Defendant, March 30, 2006. 4. Related claims pending: The attached Marital Agreement between the parties dated July II, 2005, shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. 5. Date Plaintiffs Waiver in 9 3301(c) Divorce was filed with the prothonotary: July 5, 2006 Date Defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the prothonotary: April 18, 2006 WEIGLE & ASSOCIATES, p.e. N-1~ Richard 1. Webber, Jr., EsqUIre Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, P A 17257 Telephone (717)532.7388 WEIGLE & ASSOC1ATES, p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,_'I ~'.:~~;:> ~~ I _J .~I 0 c_, C) ~n --! ~:71 , r --nl.',I'.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RANDY V. SINGLETON, No. 2005-6679 PLAINTIFF VERSUS M. ELLEN SINGLETON, DEFENDANT DECREE IN DIVORCE AND NOW, 1'''\1 \~ RANDY V. SIJIIGLETON 2006 , IT IS ORDERED AND DECREED THAT , PLAINTIFF, . AND M. F.r.T.KN SINGLETON , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement between the parties dated July 11, 2005, shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. . ATTES J. 7/.uA' ./<"- ~~ ~. 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