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HomeMy WebLinkAbout06-2058KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO.?1J -?ILa CIVIL 2006 RONDELL J. RICE, Ul/? Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LIN SAIDIS, FLOWER & LINDSAY nTroR?vtt5•? •Iww 26 West High Street Cadisle, PA Carol J. Lindsay, Es Attorney Id. 4469$/ 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. CIVIL 2006 RONDELL J. RICE, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND (d) OF THE DIVORCE CODE COUNT - I 1. The Plaintiff is Kimberly M. Rice, an adult individual residing at 1175 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Rondell J. Rice, an adult individual residing at 56 Furnace Hollow Road, Shippensburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 19, 1994 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has SAMIS, FWWER & LINDSAY 26 West High Strut Carlisle, PA the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - CUSTODY 8. Plaintiff seeks custody of the following child: Name Present Residence Age Laurel Elizabeth Rice 1175 Baltimore Road, Shippensburg, PA 21 months 9. The child was not born out of wedlock. 10. The child is presently in the custody of Plaintiff who resides at 1175 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania 17257. 11. The child has resided with the following persons and at the following addresses: Name Address Age Kimberly M. Rice 1175 Baltimore Road, Shippensburg, PA 4/3/06 to present And maternal grandmother Kimberly & Rondell Rice 56 Furnace Hollow Road, Shippensburg, PA Birth until 4/3/06 12. The mother of the child is Kimberly M. Rice, currently residing at 1175 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania 17257. She is married. 13. The father of the child is Rondell J. Rice, currently residing at 56 Furnace Hollow Road, Shippensburg, Cumberland County, Pennsylvania. He is married. 14. The relationship of Plaintiff to the child is that of Mother. SAIDIS, FLOWER & LINDSAY ATNpNkYS.AT•NW 26 West High Street Ca role. PA 15. The relationship of Defendant to the child is that of Father. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 17. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 18. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is a good and loving parent who can best provide for the emotional, physical, spiritual and intellectual welfare of the child. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the child. Respectfully submitted, ER &-ttNnAY CaV'd"Lindsay, E Yuire Attorney Id. 44693 26 West Higli reet Carlisle, PA 17013 (717) 243-6222 Dated ZJ Counsel for Plaintiff SAMIS, FLOWER & LINDSAY nnoarvc7s uw 26 Wes, High Saae, Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. v` IT C, L.Od - r?t Ki berly M. Rice ' Date: SAIDIS, FLOWER & LINDSAY ATIORNEYS•AT•IAK 26 West High Street Cadisle, PA rte- . -.J X r I KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW NO. CIVIL 2006 RONDELL J. RICE, Defendant IN DIVORCE PETITION FOR CONCILIATION AND NOW, comes Plaintiff, Kimberly M. Rice, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are the parents of a child, Laurel Elizabeth Rice. 2. A Complaint in Divorce has been filed which includes a count for custody. 3. Plaintiff hereby requests a conciliation conference in the above referenced matter. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, E Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, RJ0WER & LINDSAY nttoxrvErs.?ruw 26 West High Street Cadislc, PA i -Fi ,. _q S':J yJ i...? , G= I It KIMBERLY M. RICE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2058 CIVIL ACTION LAW RONDELL J. RICE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, May 01, 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 Friday, May 26, 2006 at 9:30 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: ls/ acquelfne M. Verney, 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 ?° ~U 4p W- if- S r :,,AL `J w ? KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2058 CIVIL 2006 RONDELL J. RICE, Defendant IN DIVORCE STIPULATION OF THE PARTIES The parties stipulate as follows: 1. They are the parents of a child, Laurel Elizabeth Rice, born July 15, 2004. 2. The parties will share legal custody of the child. 3. Mother, Kimberly M. Rice, will have primary physical custody of the child subject to periods of partial custody in Rondell J. Rice, Father, as the parties can agree. 4. The terms of this Stipulation shall be entered as an Order of Court in lieu of the conciliation conference scheduled for June 22, 2006. WITNESSETH: ate IMBERLY M. ICE Date RONDELL Jo- RICE FLOWER & LEVDSAY 26 West High Street Carlisle, PA .,. e_ ? "_' - .? -:a r ...t _? ---i .?° ?'?? .> .. Ill-?_. ?`_ -• ?-. -,- i i , { -- ..-..'_ -m. _. '? --- ._._ _ l •- -S . ? iUI ? --, 1- "b0-KIMBERLY M. RICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2058 CIVIL ACTION - LAW RONDELL J. RICE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 21" day of June, 2006, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cqu ne M. Verney, Esquire, Custody onciliator .0 P'l C, 7 0,?, • 'v -. RECEIVED JUN 2 2 2U06? KIMBERLY M. RICE, Plaintiff ,?D C? V. RONDELL J. RICE, Defendant ORDER OF COURT AND NOW this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2058 CIVIL 2006 IN DIVORCE 1.1 day of L't. attached Stipulation are hereby made an Order of Court. BY THE COURT, 2006, the terms of the FLOWER & LINDSAY 26 West High Street Carlisle, PA t? C SAb ?i ayr?J KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2058 CIVIL 2006 RONDELL J. RICE, Defendant IN DIVORCE NOTICE TO DEFEND 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 your by the Court. A judgment may also be entered against you for any other claim or relief requ sted in these papers by the Plaintiff. You may lose money or property or other rights imports, t to you, including custody or visitation of your children. When the round for the divorce is indignities or irretrievable breakdown of the marriage, you may equest marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU D NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES R EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOUII D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY 164 FWVVER SAMI[S, LINDSAY 26 West High Street Carlisle, PA Carol J. Linds y, uire ' Attorney Id. 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2058 CIVIL 2006 RONDELL J. RICE, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER §ECTION 3301(c) AND (d) OF THE DIVORCE CODE COUNT - I 1. The plaintiff is Kimberly M. Rice, an adult individual residing at 1175 Baltimore Road, Shippensburo, Cumberland County, Pennsylvania. 2. The Defendant is Rondell J. Rice, an adult individual residing at 56 Furnace Hollow Road, Shipp?nsburg, Cumberland County, Pennsylvania. 3. The (Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The !Plaintiff and Defendant were married on November 19, 1994 in IS C& LINDSAY 26 West High Street Carlisle, PA Cumberland County` Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFOOE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. I COUNT II - CUSTODY SAIDIS, FLONVIER & LENDS" 26 West High Street Carlisle, PA 8. Plain:Off seeks custody of the following child: Name Present Residence Age Laurel Elizabeth Rice 1175 Baltimore Road, Shippensburg, PA 21 months 9. The child was not born out of wedlock. 10. The 0hild is presently in the custody of Plaintiff who resides at 1175 Baltimore Road, Shippensburo, Cumberland County, Pennsylvania 17257. 11. The 4hild has resided with the following persons and at the following addresses: Name Address Acme Kimberly M. Rice 1175 Baltimore Road, Shippensburg, PA 4/3/06 to present And maternal grandmother Kimberly & Rondell nice 56 Furnace Hollow Road, Shippensburg, PA Birth until 4/3/06 12. The mother of the child is Kimberly M. Rice, currently residing at 1175 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania 17257. She is married. 13. The father of the child is Rondell J. Rice, currently residing at 56 Furnace Hollow Road, Shipp?nsburg, Cumberland County, Pennsylvania. He is married. 14. The relationship of Plaintiff to the child is that of Mother. 15. The relationship of Defendant to the child is that of Father. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 17. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 18. Plair>f tiff does not know of a person not a party to the proceedings who has physical custody of !the child or claims to have custody or visitation rights with respect to the child. 19. The hest interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is a good and loving parent who can best provide for the emotional, physical, spiritual and intellectual welfare of the child. 20. Each parent whose parental rights to the child have not been terminated and the person who hash physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the child COUNT III EQUITABLE DISTRIBUTION FIAWERR & UNDS" 26 West High Street Carlisle, PA 21. The ?verments in paragraphs 1 through 20 are incorporated hereto as if fully set forth herein. I 22. During their marriage, the parties have acquired certain property, both personal and real. WHEREFO E, Plaintiff requests this Court to equitably divide the marital property. Respectfully submitted, SAIDIS, FLOWER & LINDSAY I Caro J. Lind ay squire Attorney Id. 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: (? Cf Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that fal?e statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to u?sworn falsifications to authorities. Ki berly M. Rice Date: Qy1 03109 IS C& LINDSAY 26 West High Street Carlisle, PA t'7 c d- w. ., KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2058 CIVIL 2006 RONDELL J. RICE, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Petitioner, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property (Equitable Distribution) ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel, (3) The statutory grounds for divorce are §3301(c) and/or (d) (4) Delete the inapplicable paragraph(s). (a) The action is contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take: one day (7) Additional information, if any, relevant to the motion: Defendant needs the following information from Plaintiff to proceed: 1. Plaintiff's 2008 Income Tax Return 2. Plaintiff's most recent pay stub SAW, FIAWER & LINDSAY 26 West High Street Carlisle, PA Date: ER & LINDSAY Carol J. Lin?C?` ? 26 West Fl V Carlisle, PA 17013 717-243-6222 FiL?-tJt?'r??;? OF THE F`77' r-", -]TARY 2009 APR 29 Ni 2: S 9 Cum,; 1 ?! l ? ' li SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA APR 3 0 2009 67 KIMBERLY M. RICE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2058 CIVIL 2006 RONDELL J. RICE, Defendant IN DIVORCE ORDER APPOINTING MASTER 1 AND NOW, this .3? day of 2009, r/,?,>= Esquire, is appointed master with respect to the following claims: Divorce and equitable distribution. w j T __J W 1 cr- W R? l=- ML ?t'ii 1 ? V O C-li ?1 KIMBERLY M. RICE, Plaintiff V. RONDELL J. RICE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 06-2058 CIVIL TERM IN DIVORCE PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Rondell J. Rice, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT, P.C. Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: 'vi W-Q -? CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CAROL J. LINDSAY, ESQUIRE SAIDIS, FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 Date: June 24, 2009 IRWIN & McKNIGHT, P.C. Douglas G. iller, Esquire Supreme Court I.D. # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 E 2009 IUJ 2 20 ?' ?9-o?c?oilu?y 1-4 Jiftp -9 KIMBERLY M. IE ,_. 16 v. RONDELL J. RICE, Defendant 1. A Co 2006. 2. The r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2058 CIVIL 2006 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT int in Divorce under § 3301(c) of the Divorce Code was filed April 12, of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of ling and service of the Complaint. 3. 1 consent Ito 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 to the best of my knowledge, information arid belief. I understand that false statements herein are made subject to the penalties 18 C.S. 4E04 relating to unsworn fals:74;K es. Date: R111051 1. l consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 to the best of my knowledge, information a pd belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4 04 relating to unsworn falsification to authorities. ? tJ Date ? Ov ! ` KIM ERLY MLARICE6 IL { €=1LCD-0 ) 1I""i OF THE PRO T HONG JIAR' 2011 APR 27 PM 1:x42 KIMBERLY M. R'%MBERLAND COUN-1: ,fIN THE COURT OF COMMON PLEAS OF Plaintiff, PENNSYLVANIA :CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : No. 2006 - 2058 CIVIL TERM RONDELL J. RICE, Defendant. IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on April 9, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: April 26, 2011 ylre, RONDELL J. CE Defendant FILED-OFFICE OF-- THE PROTNONO 10 I 2011 APR 21 PM 1: 1+ 1 KIMBERLY M. RICE, CUMBERLAND COUA HE COURT OF COMMON PLEAS OF Plaintiff, PEiNNSYLVANIPCUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW No. 2006 - 2058 CIVIL TERM RONDELL J. RICE, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 26, 2011 *!!?4 RONDELL J. E Defendant KIMBERLY M. RICE, Plaintiff V. RONDELL J. RICE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2058 CIVIL TERM n C :, MW :zm to r-Z CD '" :_z_- CIVIL ACTION - LAW IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT N W THIS AGREEMENT made this day of 6 2011, BETWEEN RONDELL J. RICE, of Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND KIMBERLY M. RICE , of Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on November 19, 1994, in Cumberland County, Pennsylvania, and R.2: There was one child born of the parties' marriage; and R.3: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Pennsylvania, to Number 2006-2058, Civil Term; and R.4: Certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to: (1) the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: (a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and 1 adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Wife has been represented by Marylou Matas, Esquire. Husband has been represented by Doug Miller, Esquire. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income and expenses of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 2. DEFINITIONS 2.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 2.2. Date of Execution of This Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date that the last party signs this Agreement. 2.3. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 2.4. Effective Date of Agreement. This Agreement shall become effective and binding upon both 2 parties on the execution date of this Agreement. 3. EFFECT OF DIVORCE DECREE This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. Therefore, should either party obtain an order of separation or divorce in any jurisdiction, that party shall take all reasonable steps to have this Agreement incorporated for enforcement purposes only, but not merged as part of any such order. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason 4. EFFECT ON DIVORCE Wife previously filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 2006-2058 seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. On the date of execution of this Agreement, if the parties have not already done so, the parties shall sign all documents necessary to ensure that a divorce pursuant to Section 3301(c) of the Domestic Relations Code may be concluded, including the Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of the Decree in Divorce. 5. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 6. PERSONAL RIGHTS Each party shall be free from any direct or indirect interference by the other in his or her personal 3 and business activities as of the date of execution of this Agreement. Except as is otherwise set forth in this Agreement, each party may reside wherever and with whomever he or she desires. The parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of the other party without the express written permission of the other party. 7. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income, valued as of April 9. 2006, the date of separation of the parties, that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: (a) no formal appraisals have been conducted and that the values assigned to the assets merely are the good faith estimates of current fair market value/book value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; (b) the parties assign very different values to many of the assets; and (c) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure, and any further statement in this Agreement regarding disclosure, is specifically waived. 8. EQUITABLE DISTRIBUTION OF ASSETS 8.1. Real Property. The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 56 Furnace Hollow Road, Shippensburg, Pennsylvania. This property has been sold and the proceeds of sale are in escrow, to be distributed. The proceeds received are ONE HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED SEVENTY-ONE DOLLARS AND 61/100 ($165,571.67). From the proceeds, Husband shall receive SEVENTY THOUSAND DOLLARS AND 4 00/100. Wife shall receive the balance of the remaining funds in escrow. Wife agrees to report the total annual interest generated by the escrow proceeds and the escrow account on all yearly tax returns, notwithstanding which party's tax identification number was used to open the escrow account. Wife agrees to all total annual taxes attributable to the annual interest reported for the escrow account to federal, state and local taxing authorities. 8.2. Personal Property. Wife resides at the former marital residence as a renter. Husband stores his personal property at the former marital residence and continues to use that address for his mailing address. Husband shall remove all of his items of personal property from 56 Furnace Hollow Road, Shippensburg, PA no later than the date that Wife moves from the former marital residence, unless otherwise agreed by Husband and the owners of the property. All personal property which was acquired separately by each of the parties prior to the marriage, by gift or inheritance from a third party, or after separation, shall remain the separate property of the party who has possession or control of it as of the date of execution of this Agreement. The parties hereto mutually agree that they have effected a satisfactory division of all other personal property not specifically mentioned herein, including the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. 5 8.3 Motor Vehicles. Commencing on the date of execution of this Agreement, Wife shall retain possession of, as her separate property, the 2003 Ford Taurus automobile currently titled in Wife's name, for her own use and disposition. Husband shall retain possession of as his separate property the 2000 Ford Explorer, currently titled in Husband's name, for his own use and disposition. Except as otherwise provided for in this Agreement, from the date of separation, the party having use and possession of an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans. 8.4 Life Insurance. Husband owns two policies with NY Life Insurance, (xxxxx625), with an approximate cash value as of March 2010 of $10,227, and (xxxxx266) with an approximate cash value as of March 2010 of $18,627. Husband is the insured on both policies. Husband shall retain this policy and Wife shall waive all right, title and interest in this policy. Husband shall retain these policies and Wife shall waive all right, title and interest in this policies. Husband shall be responsible for payment of all premiums for these policies. Husband is the owner of a policy with NY Life Insurance Co (xxxxx444) naming the parties' minor daughter, Laurel, as the insured. Wife shall be designated as the owner of this policy as of the date of execution of this Agreement. Husband shall waive all of his right, title and interest in this policy and shall sign whatever documents necessary to remove his name from this policy. Wife shall be responsible for maintaining all premium payments for this policy. Wife is the owner of two policies with NY Life Insurance Co. (xxxxx293) and (xxxxx230) and is named as the insured on both policies. Wife shall retain these policies and Husband waives his right, title and interest in this policy. During their marriage, the parties owned or had an interest in a policy designated as a "cancer policy" for the protection of their lives in the event of cancer disability. Wife shall maintain the policy and Husband shall waive all of his right, title and interest in this policy. Except as otherwise stated in this agreement, regardless of which party currently is designated the owner and/or beneficiary, all life insurance (including any cash value) identifying either party as the insured and/or beneficiary, shall, at either party's sole discretion, be modified to identify whomever he or she designates as the insured and/or beneficiary. 8.5 Retirement, pension, investments, stocks, bonds mutual accounts. Except as specifically provided for in this Agreement, Wife and Husband hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Each party shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing the other to designate any beneficiary as each may elect to receive amounts that may be payable under the Plan upon his/her death (such election to be evidenced by a beneficiary designation form executed by Husband/Wife) and both parties shall agree to any changes to such beneficiary designation made by the other prior to dissolution of marriage. Husband owns or has an interest in an American Funds IRA, with an approximate balance as of the date of separation of $30,583. Husband shall retain the funds from this account and Wife shall waive all of her right, title and interest in this account. Wife owns or has an interest in a Fidelity Retirement Savings account, earned through her employment with Holy Spirit Hospital, with an approximate balance as of the date of separation of $6,386. Wife shall retain the funds from this account and Husband shall waive all of his right, title and interest in this account. Wife owns or has an interest in a Mainstay Investment IRA, with an approximate balance as of the date of separation of $15,773. Wife shall retain the funds from this account and Husband shall waive all of his right, title and interest in this account. 7 At the date of separation, the parties owned or had an interest in CDs, with an approximate balance of $8,070. Wife acknowledges receipt of these CDs. At the date of separation, the parties owned or had an interest in a joint F&M trust checking account, with an approximate balance of $365.00. Husband acknowledges receipt of these funds. The parties shall sign whatever documents necessary to remove their names from any account he or she has waived an interest to or in. The parties shall close any jointly held investments or accounts within 10 days of execution of this Agreement. 8.6 Tax Consequences. This Agreement has been negotiated on the assumption that, except as otherwise specifically provided for, the transfer of assets pursuant to this Paragraph will be governed by the provisions of Sections 1041 and 71(b)(1)(B) of the Internal Revenue Code and as such shall not result in the recognition of any gain or loss upon the transfer by the transferor. It also is understood by the parties that the transfer of property subject to Section 1041 of the Internal Revenue Code shall require that the transferee take the property with a tax basis equal to the adjusted tax basis that the property had in the hands of the transferor. 9. WAIVER OF ALIMONY Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. 10. HEALTH INSURANCE As of the date of execution of this Agreement, each party maintains their own individual health insurance for themselves. Wife maintained health insurance coverage for Husband through 8 approximately June 2010, at which time Husband elected individual health insurance coverage for himself. Husband and Wife shall be responsible for all unreimbursed medical expenses that may have been incurred for themselves from the date of separation though the date of the final decree, including but not limited to, medical, dental, vision, orthodontic, psychological, counseling and psychiatric. 11. CREDIT Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 12. DEBT: 12.1. Marital Debt. Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. In the event there are other marital debts not identified herein but discovered later, the parties agree that whoever incurred the debt shall be responsible for the payment thereof. 12.2 Post Separation Debt. In the event that either party contracted or incurred any debt since the date of separation on April 9, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 12.3 Future Debt. From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 13. INCOME TAX 13.1 Past Returns. Each party represents that, to the best of his and her knowledge, all income 9 tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for calendar year 2009 has been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. Each party further represents to the other that, to the best of his or her knowledge, the information set forth in the joint tax returns filed for calendar year 2009 was and remains accurate and acknowledges that the other party relied upon such representations in signing those returns. Therefore, if any deficiency in federal, state, or local income tax is proposed, or any assessment of any such tax is made against either party by reason of her or his having joined in the filing of joint federal, state or local income tax returns, each party shall indemnify the other and hold them harmless from any tax, interest, penalty or expense resulting from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, penalty or expense shall be divided equally, unless said tax, interest, penalty or expense is finally determined to be attributable to one party's misrepresentations or failures to disclose relevant information of income on the aforesaid joint income tax returns. In that event, the party not determined to be at fault shall choose the counsel to represent the parties or themselves individually in the matter and shall have the sole right to decide whether to contest and/or to settle any such deficiency or claim. The party determined to be at fault shall be responsible for making payment for all tax, interest, penalty or expense, and reasonable counsel and accounting fees. 14. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 15. OBLIGATIONS NOT DISCHARGEABLE IN BANKRUPTCY The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The payments provided for in this Agreement are not, and are not intended to be, a debt which is affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. 10 16. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain liabilities. Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: (a) no unpaid liabilities, remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; (b) there are no actions, suits or proceedings pending, or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding; (c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and (d) he or she shall not incur any liability whatsoever in the future for which the other party or the estate of the other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 17. RELEASE OF TESTAMENTARY CLAIMS Except as specifically provided for in this Agreement: (a) each of the parties shall have the right to dispose of his or her property by last Will, or otherwise, as he or she chooses, without any claim by the other party; (b) the estate of each of the parties, of whatever nature, shall belong to whoever would have been entitled to it, as if the decedent had been the last to die; (c) each party shall permit any Will of the other to be probated and allow administration upon his or her estate of whatever nature to be taken out by whoever would have been entitled to do so had Husband or Wife died during the lifetime of the other; (d) neither Husband nor Wife shall claim against or contest the Will and/or the estate of the other; and (e) each of the parties covenants and agrees for himself and herself and his or her heirs, executors, 11 administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 18. MUTUAL WAIVERS AND RELEASES 18.1 Final Agreement. Except as specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have or may have in the future against the other party and/or the estate of the other party, including, but not necessarily resulting from, their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for their heirs, executors, administrators, successors, and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoever, of and from any and all right, title, interest, cause of action and/or claim in or against the other (except for divorce), or the assets of the other, or against the estate of the other, of whatever nature (including, but not limited to, the assets identified pursuant to this Agreement as belonging to the other party, any income and/or gain from such property, and any assets of whatever nature acquired by the other party prior to or subsequent to the date of execution of this Agreement) and which he or she now has or at any time in the future may have against the other, the estate of the other or any part thereof, whether in law or in equity, whether known or unknown, matured or unmatured, and whether arising under the laws of any jurisdiction and including, but not limited to, the following: (i) out of any former acts, contracts, engagements or liabilities of such other; (ii) pursuant to inheritance, elective and/or intestate rights to the other party's estate, including, without limitation, claims for dower, curtesy, widow's or widower's rights, family exemption, a distributive share, survivor's allowance, benefits under a retirement plan, under the intestate laws, the right to take against the deceased spouse's Will, the right to treat a lifetime conveyance by the other as testamentary, and all other rights of a surviving spouse to challenge a deceased spouse's Will, challenge 12 the other party's Will, elect to take against the other party's Will, and/or participate in a deceased spouse's estate as administrator, executor or otherwise; (iii) right to share in any retirement benefits for the other spouse, except social security; and (iv) for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including, but not necessarily limited to, equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. 18.2 Modification. Neither party may apply to any court for a modification of this Agreement, whether pursuant to the Divorce Code or any other present or future statute or authority. In the event that either of the parties shall nevertheless seek such a modification of this Agreement, that party shall indemnify the other party against and hold the other party harmless from any loss resulting therefrom, including reasonable counsel fees and costs. 19. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 20. 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. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such party to enforce those terms in the future. 21. REMEDIES IN THE EVENT OF A BREACH In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, 13 including Section 3105 (which includes contempt), as if this Agreement had been an Order of the Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 22. SEVERABILITY If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 23. LAW OF PENNSYLVANIA APPLICABLE The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the date of execution of this Agreement, but understand and agree that regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of the parties' real and/or personal property, this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 24. EFFECT OF RECONCILIATION OR ATTEMPT TO RECONCILE This Agreement shall remain in full force and effect, even if the parties cohabit or attempt to reconcile. 25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 14 IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Date KIMBERLY M. RICE xltf ?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONDELL J. RICE On this a?v day of 1 /-- , 2011, before me, the undersigned, personally appeared RONDELL J. RICE, ose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commtssion Expires Sepi. 18, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ?C On this CA day of r 2011, before me, the undersigned, personally appeared KIMBERLY M. RICE, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL BARBARA E. STEEL, Notary Public \ Carlisle Boro, Cumberland County, PA - J n ? n C My Commission Expires June 7, 2011 ! N d a tom( I` ` . ?-?.. : Notary Public KIMBERLY M. RICE, Plaintiff VS. RONDELL J. RICE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2058 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 6-t? day of Q?L , 2011, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated April 29, 2011, 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, vtx'. 0. Kevi . Hess, P.J. cc: arylou Matas Attorney for Plaintiff = 'E2 --± rrn Ca r Douglas G. Miller , Attorney for Defendant 7t (-D ;l OP l?r S 'w fc , C, KIMBERLY M. RICE V. RONDELL J. RICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2058 - DIVORCE DECREE AND NOW, 7%hL 01, it is ordered and decreed that KIMBERLY M. RICE plaintiff, and RONDELL J. RICE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the Property Settlement and Separation Agreement dated April 29, 2011 is incorporated, but not merged, into this Decree in Divorce. By the Court, Attest: J. r Prothonotary ow', -Iec( 40 lqgl?a5 195 rm/w 4o ---Doui