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HomeMy WebLinkAbout02-2107 SAlOIS SHUFF, FLOWER & LINDSAY A17ORNEYS.AT.LAW 26 W. High Street Carlisle, P A JENNIFER S. AUNGST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - LAW NO. 2002 - ,,( I [17 CIVIL TERM KENNETH W. AUNGST, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fol/owing 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, 17013. 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ire SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.UW 26 W. High Street Carlisle, P A JENNIFER S. AUNGST, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - .2 /tl1 CIVIL TERM Plaintiff V5. KENNETH W. AUNGST, Defendant : IN DIVORCE COMPLAINT Jennifer S. Aungst, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Jennifer S. Aungst, who currently resides at 561 Summit Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1992. 2. The Defendant is Kenneth W. Aungst, who currently resides at 4411 Packard Lane, Camp Hill, Cumberland County, Pennsylvania, where he has resided since March 2001. 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 August 8, 1992 in Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYSoAT'LAW 26 W. High Street Carlisle, P A 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date +1 2- if 2aJ '2.- Carol J. . day, Esquire 10 # 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYSeATelA.W 26 W. High Street Carlisle, P A VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~~ ." ... >-..... . l - ~ . ... / Je ~S. Aungst l/ Date: If / I g / Oa- f I ...., fro: I~:-' ,( Ci c> l.f: ~ :,::.:: '~'~I .:::: ;=,~~~~ ~j ,- ~ I.t) '~l ~:~ L: ;.,::' ~.:~:)~ :."" ~ U v: ~: c:) ('} c:-. 0.. ...;..;:, ('-.I ';';:' ,.:;:) \Cj., r..r> '-6 ~ r- ---. '- ~ ~ ~ ~ - ~ 5 -.....:.. ~~ SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYSoAToLAW 26 W. High Street CarUsle. P A JENNIFER S. AUNGST, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - .:UC7 CIVIL TERM Plaintiff V5. KENNETH W. AUNGST, Defendant : IN DIVORCE A TIORNEY'S ACCEPTANCE OF SERVICE I, HEATHER HARBAUGH, ESQUIRE, ATTORNEY FOR DEFENDANT, KENNETH W. AUNGST, IN THE ABOVE CAPTIONED ACTION, HEREBY ACCEPT SERVICE OF THE DIVORCE COMPLAINT IN THE ABOVE ACTION ON May 1, 2002 .ON DEFENDANT'S BEHALF AND HEREBY ACKNOWLEDGE THAT I AM AUTHORIZED TO DO SO. Attorneys for Defendant By: ~~~ Heather L. Harbaugh, squire 2650 North Third Street Harrisburg, PA 17110 GEORGE CRONIN, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT : 02-2207 CIVIL TERM ORDER OF COURT AND NOW, this \ C\ day of July, 2002, upon the praecipe filed by petitioner to withdraw his appeal from an order of the Department of Transportation upon which a hearing was scheduled for July 22, 2002, at 2:00 p.m., the appeal IS WITHDRAWN AND DISMISSED. George Cronin, Petitioner 406 Cherokee Drive Mechanicsburg, PA 17055 George Kabusk, Esquire For the Department of Transportation :saa eot~..., ~ 71~2.lo2... ..Sl.-f? '{!'i0\\1 f\1}.S\'\I'-9d , . r' -'. ,~\ ~.-,__!\~,'0i"'\ . 'hl"'''''('\ 'i'-;~' .J'~.r;~~ll tV I\.:U......\ \V"J ~,.",' .. ql ~\ Hd b i ..~\\' LD i'-"j!\ c:,-~, In,-'-' '-,' 'u j.;., - C\"-I J -1.....\1 \~,'l--' ,.. \'l j ::!..j\.J-';" "..1 ,.. 1:' (,i::' r-n r ';~. Z...t :z: ~ (/) ...," _F r~; ~,> ...~ -/~-"-. i-;;F-; ....;::;.: ..:, -<. C) c: ;lr C) I',) :To j~ o _..c" , C' =:2 :.,,:; :::> (;:) SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-LAW 26 w. High Street Carlisle, PA II JENNIFER S. AUNGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAW NO. 2002 - 2107 CIVIL TERM KENNETH W. AUNGST, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed April 30, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of 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 and belief. 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: 'j - 21 - O~ , PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 Ie) 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 ciaim 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 to the best of my knowledge, information and beiief. 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 t: - ~- ()~ [Qiq r-' '3> C-r' - "2:: c.-J ('.'.> <-n " c -- ,~- '::2. q, .-' '1: -n rr'q:::~ -(l\)..~ ~ti~ '-( ';<.}\;1 .';.;~;,J~~. '~::.. ~ - - 0-1 --- :q .~ - SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-ATeLAW 26 W. High Street Carlisle. P A II JENNIFER S. AUNGST, Plaintiff vs. KENNETH W. AUNGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 2107 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND now, this ;],(} day of August, 2005, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, hereby certify that I served the within Notice of Intention to Request Entry of Divorce Decree this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Timothy J. O'Connell. Esquire Turner & O'Connell 4415 N. Front Street Harrisburg, PA 17110 SAlOIS, SHUFF, FLOWER & LINDSAY Attorn~:, lainti By: L!tt Carol . dsay, Esquire 10# 44693 26 West High Street Carlisle, PA 17013 (71l) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS.AT.LAW 26 W. High Street Carlisle, P A JENNIFER S. AUNGST, Plaintiff vs. KENNETH W. AUNGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 2002 - 2107 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: KENNETH W. AUNGST Timothy J. O'Connell, Esquire Turner & O'Connell 4415 N. Front Street Harrisburg, PA 17110 JENNIFER S. AUNGST, Plaintiff, intends to file with the Court the attached Praecipe to Transmit the Record on or after September 20, 2005, requesting that a final Decree in Divorce be entered. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for . tiff By: -.fi~ Carol J. Lirds y, Esquire ID# 4469 . 26 West High Street Carlisle, PA 17013 (7H) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT.L/tW 26 W. High Street Carlisle, P A JENNIFER S. AUNGST, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 2107 CIVIL TERM KENNETH W. AUNGST, 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. Ground for divorce: irretrievabie breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Attorney's Acceptance of Service signed by Heather L. Harbaugh, Esquire, on May 1, 2002, on behalf of Defendant, and filed with the Prothonotary on May 6,2002 (copy enclosed). 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: IJY the Plaintiff on August 24, 2005; by the Defendant on August 16, 2005. 4. Related claims pending: None: Resolved by Marital Property Settlement and Separation Agreement dated August 24, 2005. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: by first- class mail on August 30, 2005. (b) Date Plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: Carol J. Lindsay, Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS ;HUFf, FLOWER & LINDSAY A'JTORNEYS.AT.UW 26 W. High Street Carlisle, PA JENNIFER 5. AUNGST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 . CIVIL TERM Plaintiff vs. KENNETH W. AUNGST, Defendant : IN DIVORGE ATTORNEY'S ACCEPTANCE OF SERVICE I, HEATHER HARBAUGH, ESQUIRE, ATTORNEY FOR DEFENDANT, KENNETH W. AUNGST, IN, THE ABOVE CAPTIONED ACTION, HEREBY ACCEPT SERVICE OF THE DIVORCE COMPLAINT IN THE ABOVE ACTION ON May 1, 2002 .ON DEFENDANT'S BEHALF AND HEREBY ACKNOWLEDGE THAT I AM AUTHORIZED TO DO SO. Attorneys for Defendant BY:~~~# Heather L. Harbaugh, squire 2650 North Third Street Harrisburg, PA 17110 (} ~ S2~; 7,-- u: ',-~. -,' L:::::-t,~' -,0' "'~(-- ~~~. :'7 ~ -j -~ o r......) (:-) " ~ ~ :::iOl -~ I t..-, c= -_;fcn -"C' - .::,rJ c~, -r-i ~. '_ h1 '" 5-] -< --'":. ..,.;.c.. ....";' =:> c n c- ,-' <C",.;:l c;:"':::> ...1' ,n ';n '-0 , - s;?, :;(.-" fi"\C;' ~.-.\-' . -::')Y '')-'" -~S?, -i_.,-~. ":,Z> -':'3'1:1-1 ZJ -.;:.:;;. ~~ _-c' -- t::? 0':" -.0 JENNIFER S. AUNGST vs 2002-2107 Case No. KENNETH W. AUNGST Statement ofIntention to Proceed To the Court: Plaintiff Jennifer S. Aungst ve captioned matter. Print Name Carol J. Lindsay, Esquir~gn Name Date: September 22, 2005 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the tennination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the tennination of lnactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v, Eagle, 551 Pa. 360,710 A.2d 1104 (I998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. rr Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to tenninate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course tenrnnating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230{ d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing ofthe filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry ofthe order oftenrnnation on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ~ C"' c? <.f' o c.., -' ~ ';;;(, ..... ~~ t:". -=r\\? ~~%A '~~~ ~ <::)j :'<: , v:> --0 :> .S - Vi II JENNIFER S. AUNGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2002 - 2107 CIVIL TERM KENNETH W. AUNGST, 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. Ground for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Attorney's Acceptance of Service signed by Heather L. Harbaugh, Esquire, on May 1, 2002, on behalf of Defendant, and filed with the Prothonotary on May 6, 2002. 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 the Plaintiff on August 24, 2005; by the Defendant on August 16, 2005. 4. Related claims pending: None: Resolved by Marital Property Settlement and Separation Agreement dated August 24, 2005. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: by first- class mail on August 30, 2005. (b) Date Plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: August 24, 2005. Notice of Intention to Request Entry of Divorce Decree was served on counsel for Defendant on August 30, 2005 and recorded with the Prothonotary on September 1, 2005. SAlOIS SHUFF. FLOWER & LINDSAY SAlOIS, SI-jUFF, FLOWER & LINDSAY Attorneys f laintiff Carol J. 10# 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 ATTORNEYS-AT-LAW 26 w. High Street Carlisle. P A SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEVS.AT-LAW 26 W. High Street Carlisle, PA II CERTIFICATE OF SERVICE ( hereby certify that on this 181h day of October, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Timothy J. O'Connell, Esquire Turner & O'Connell 4415 North Front Street Harrisburg, PA 17110 SAlOIS, SHUFF, FLOWER & LINDSAY '~J)(i/{O_f.l<;t c p) Barbara E. Steel ~, ~~::; C) :.:]1 .1 C:) c: Co -;.) :",: c.) C) (.) - II JENNIFER S. AUNGST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 2107 CIVIL TERM v. KENNETH W. AUNGST, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed April 30, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of 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 and belief. 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: ;--, .- I / " ;:.> ..... ~ ", J (. ...~. !.".....-... 'i' " ._ ...,.......~,"-_~:... Kenneth W. Aungst, Defendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER!l 3301 Ie) 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. SAlOIS SHUFF, FLOWER & LINDSAY I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities ATTORNEYS-AT-LAW 26 w. High Street Carlisle, P A Date: " ! ,...... I --. " h..'~ ~,,..., ~., ..., 'Ken~eth'\N. Aungst, Defendant > .,r 5 (") c: ::?~. ,., = = en :z c-, -< I W -fl ~ n1 :!J .-- -on; 7JO ':-_),L, .~;.1_~ ;:-:ji1 :"0 ()01 -.\ P _D .-( ",,' ::7:: ';:' 01 - - - SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A II JENNIFER S. AUNGST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2002 - 2107 CIVIL TERM KENNETH W. AUNGST, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Attorney's Acceptance of Service signed by Heather L. Harbaugh, Esquire, on May 1, 2002, on behalf of Defendant, and filed with the Prothonotary on May 6, 2002. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 24, 2005 By Defendant: October 27, 2005 4. Related claims pending: None: Resolved by Marital Property Settlement and Separation Agreement dated August 24, 2005. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 24, 2005 By Defendant: October 27. 2005 SAlOIS, SHUFF, FLOWER & LINDSAY \ Carol J. Lindsay, 26 West High S et Carlisle, PA I 013 (717) 243-6222 Dated: November 3, 2005 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA II CERTIFICATE OF SERVICE I hereby certify that on this third day of November, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Timothy J. O'Connell, Esquire Turner & O'Connell 4415 North Front Street Harrisburg, PA 17110 SAlOIS, SHUFF, FLOWE f:a'~ I A1Y Carol J. LindsafEs \,- LINDSAY uire ;~";i' (") c- r-.:> c::) c.-;-..J u, Z o -':: o -n -::J fft-n r- -.::} ill :,)1:;:' , j<,"j "_\"~ :U _:~??;~ I <.v :2.") '-:? en CJ' :...J .< .......... ;t,:+:if.:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;t,+ + + + + + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+::+:+:+::+::+:++++:+::+:+++++++++ . .. +++++++++++ +;t,++++ . ... :+: +:+: :+:++:+:++:+::+::+: :+:+:+::+::+::+::f.:+::+::+::+::f.+:+::+::+:+:+::+::+:++ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JENNIFER S. AUNGST No. 02-2107 VERSUS KENNETH W. AUNGST DECREE IN DIVORCE AND NOW, N"vc..~_ "" , ;t6o~~, IT IS ORDERED AND JENNIFER S. AUNGST DECREED THAT , PLAINTIFF, AND KENNETH W. AUNGST , 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 terms of the Separation and Property Settlement Agreement dated August 24,2005 are incorporated, but not merged, into this Decree in Divorce. BYTHECO;d PROTHONOTARY ++'+'++'+++++++:+:'+++++ ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. ~ 0 b ;z~?Y'vf ~"" JO 0/1/ ~p ~ ~ ~JPV<;iI(!I'JI .' .