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HomeMy WebLinkAbout06-5138 " .,Jl.IO KRISTA A. EATOUGH, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW RICHARD M. EATOUGH, II, Defendant. : 2006-5/38' CIVIL TERM : IN DIVORCE NOTICE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 hefore the court. You must attend the scheduled conference or hearing. h KRISTA A. EATOUGH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW . : 2006 - 5/,H CIVIL TERM RICHARD M. EATOUGH, II, Defendant. : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND !ill OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Krista A. Eatough, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Richard M. Eatough, II, representing as follows: I. The Plaintiff is Krista A. Eatough, an adult individual with a mailing address at 431 North Hanover Street #4, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Richard M. Eatough, II, an adult individual currently residing at 24 South Hanover Street, #3, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 5. The Plaintiff and the Defendant were married on May 31, 2003 in Carlisle, Pennsylvania and separated on or about August 9, 2004. 6, There have been no prior actions of divorce or for annulment between the parties. 7. Pursuant to the Divorce Code, Sections 3301 (c) and 330 I (d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8, The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. . WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT Dated: September 1, 2006 By: ~d ikA Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 , VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: f{J2'/()~ t~ ~- \j ~ vJ -.J }J ...... " ~ G. ~ \. ~ ~~ t~ " '\ ~ ,.. ~ (') ~ \:.,." r-..:> (..-;:) a ~ -n f/) c-l ('T1 :1: -u n1p1 I -ntn <5!~j =: C~1 i~ t::>'"fl r:-? ,-i r :'5 u:> '-< ~ - KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF CO ON PLEAS OF : CUMBERLAND COUN Y, PENNSYL VANIA v. : CIVIL ACTION - LAW : 2006 - 5138 CIVIL TE RICHARD M. EA TOUGH, II, Defendant AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff in e captioned action. 2. That a certified copy of the Complaint was served upon th defendant, Richard M. Eatough, IT, on September 7, 2006 by certified mail, turn receipt requested, addressed to Richard M. Eatough, IT, at his address at 24 S uth Hanover Street, #3, Carlisle, Pennsylvania 17013, with return receipt number 7004 1350 0003 7289 1743. 3. That the said receipt for certified mail is signed and attach hereto and made a part hereof. I verify that the statements made in this affidavit are true and correc I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4 , relating to unsworn falsification to authorities. IRWIN & McKNIGHT Date: 9/~/ot.p By: Douglas G. . er, Esquire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Krista A. Eatough ..~.. II . ...Ib.. :"1101" ~ 17013 ,.~ ..~- .0dId.... CJ..... DA'''I''I~. ........ 0...... .... c c.o.o. 4. ~0IIllwYI""''' 7004 1350 0003 ..,.,. ........... :r c C I"- ITl #' r'- ~ IT" CI ru I"- >>GPO Et&,JiC I A L , (., '3 ~."o I.~S Postage $ gJ CerlIIIedFee C ReIum ~Fee C ~Recju/red) C RIIlI1cled De!!veIY Fee 1.11 (IIIldonIemem Required) ITl ~ 1blaJ Postage & F_ $ ~,<6<a 2 .... .............. -. ..-1 . (") c s: -ow !;2!B zr:- ,.- ,:;: (,/") ! "-, - ~ l..' I C;:1 c-.~' '-..../ , ).~."" ::0 .< C) c- KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : 2006 - 5138 CIVIL TERM RICHARD M. EATOUGH, II, Defendant PLAINTIFF'S AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 1, 2006. 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: f)/tJ/BlA ~~ Plaintiff f'-.) = CJ r;:;r-. t::l r. ('") o -n -..... :r.:""T) rl1 f,:; :s!b ~~~~ ();-"".i :-5rn ::::'\ --e> ::0 ~ w -a .....",.... _.J~" <f? v) o KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2006 - 5138 CIVIL TERM RICHARD M. EA TOUGH, II, Defendant 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: IJ j;;;Z/t5& ~~ ~s;/~.~~ - Plaintiff :',;; o ~ l"'-o> = = CT' CJ rl n U) o "Tl :r-n m- e:. -08 ~~~'S~ ',.) -s .^~ c:.. Oi" -I J'> ::g ..... -0 :.1;: '-f! 0.) o KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2006 - 5138 CIVIL TERM RICHARD M. EATOUGH, II, Defendant DEFENDANT'S AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 1, 2006. 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: )7 I vel C) 6 jY~ RICHARD M. EA TOUGH, II Defendant ~ ~ o In CI - UJ t:,.! \;" :2 -0 ~,.. ..;- ~ ...4 :J-:n ~~tD ...)c-) ,:),b ,:-'1'?~ :r-\ C)-- ..,C) ~- fll ':~ ~ ::2. <-;"1 c...) - KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2006 - 5138 CIVIL TERM RICHARD M. EA TOUGH, II, Defendant 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: I 2-/ ;-2/ 06 hi ~. RICHARD M. EATOUGH, II Defendant ~ 0"' ~ '(""1 (..,) -0 ~": ~ -\ -r:.,., i'n r:: -o~ -"0 V .,:~~\ (";~~ o --1 ~ ;;:<; '-:? ,-,,) ,::JD {~ - ..5 / 3 '8" MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this \ 'l'*' day of Dc...c..:l Vy,-tK'- , 2006, by and between KRIST A A. EA TOUGH, (hereinafter referred to as "WIFE") and RICHARD M. EA TOUGH, II, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 31, 2003, and separated on or about August 9, 2004; and WHEREAS, the parties are the natural parents of one (1) child, namely Tatiana R. Eatough, born July 25, 1999 (hereinafter referred to as the "child"); and WHEREAS, diverse, unhappy diffe'rences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND arid WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property In a manner which conforms to a just and right standard, with due regard to the rights of each party, It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3, Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or iQterfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Douglas G. Miller, Esquire of Irwin & McKnight; HUSBAND chooses not to be represented by counsel, and by initialing this page acknowledges his right to be represented by counsel 2 (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision, This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate, It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony, 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each 3 party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marrIage. 7. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pe1,1dente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 8. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 4 9. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance, loan and other financial responsibility associated with said vehicle. Likewise, HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, WIFE shall hold HSUBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 10. MARITAL DEBTS: It is the understanding of the parties that there are no longer any loans, debts, credit cards, or similar obligations for which they are jointly responsible. Nevertheless, HUSBAND hereby agrees to remQve WIFE'S name from any and all joint accounts within sixty (60) days of the execution of this Agreement or upon discovery of any such joint obligations, WIFE also hereby agrees to remove HUSBAND'S name from any and all joint accounts within sixty (60) days of the execution of this Agreement or upon discovery of any such joint obligations. The parties agree to pay any such debts according to the party who incurred any said obligation and hold harmless the other party from any obligations on said payments and indemnify the other if any claim is made against him or her. Furthermore, it is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation, WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his 5 estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall similarly assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he wi:ll not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 11. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE, as well as any employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title, and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 12. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the 6 HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 13. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to'cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 14, CUSTODY OF MINOR CHILD: The parties shall have shared legal custody of their child. All non-emergency decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view towards obtaining and following the child's best interests, which decisions shall include but not 'limited to: medical and dental treatment; education; scholastic or athletic pursuits; choice of camp, if any; and other extracurricular activities. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. The parties will keep each other advised immediately relative to an emergencies concerning the child and shall furthermore take any necessary steps to ensure that the health and well being of the child are protected. Neither party shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love or affection for the other party. 7 In addition, for as long as the parties continue to have the same work schedule, they shall continue to have shared physical custody of their child, at such times as are mutually agreed upon by the parties. Neither party shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. Furthermore, when a party is unable to be present for a scheduled period of physical custody, whether because of work or other change in schedule, they shall promptly notify the other parent and shall first permit that parent the opportunity to assume physical custody before placing the child with another individual. The parties shall continue to have reasonable telephone contact with the child during the periods when the child is not in the custody of that party. Any permanent modification or waiver of this provisions of this Agreement must be in writing and shall'be effective only if made in writing and executed with the same formality as this Agreement. 15. INSURANCE FOR MINOR CHILD: HUSBAND currently provides health care coverage for the parties' minor child, and HUSBAND agrees to continue to provide for similar such coverage at least until the minor child reaches the age of majority in Pennsylvania or graduates from high school, whichever last occurs. 16. BREACH: If either party breaches any provisions 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. 8 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. .18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, 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. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute, Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertafning to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construcd undcr the Laws of the Commonwealth of Pennsylvania. 9 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. WAIVER OF CLAIMS AGAINST .EST A TES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the. property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take' against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~..Li/l/. ;; _ ~.-/.I/;'J4 A. Xi'../{CZj.:t_.L.A/.r-(__ ~ /~ S A A. EAT uGH . j/vJ (SEAL) ~ t:t...--t. bY).?'" ,y .'0U {<~ L2.["'::<../ ~~ (SEAL) RICHARD M. EA TOUGH, II 10 COMMONWEAL TH OF PENNSYL VANIA SS: COUNTY OF PERSONALLY APPEARED BEFORE ME, this !.) tlday of,jJ{(l( /nilt.:., /1 2006, KRISTA A. EATOUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 1JI/J~Q Notary bUe . ;,\fi.:"',aria! Seal Kitr~~n ~;_ '\;G~L N~)tar': Pnotic CJ.s::~ste t}j!.'l..\ (iJln,JefL.\HJ Countv My CC!7I.:niss;on ;',;;pire:; Dec. 8. 2607 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF . . . PERSONALL Y APPEARED BEFORE ME, this /) -K day of ]} r!..t2mtx../J 2006, RICHARD M. EATOUGH, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMO}"TlIfT' A ,-'" c<~LTH OF PENNS iJ" . !\!i}tadal Se' i ;.'o...nren '\ ~,; -..,.1 N d. ,<i,~!,., r~:;'l._~\l:~.t~ I otary PUblic .-;: ...;:':I;:n)~'erland COUnty -.........._...~:..:.:.::~~..JI(es Dec. 8.2007 11 -......-......-----. >~ r-:> c::':J t';:.--:;') G'~'" C' r "i C) o -n ()"1 4::; -~ ..--:;<,.. c..) C) W - KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2006 - 5138 CIVIL TERM RICHARD M. EA TOUGH, II, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 1, 2006. 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: )e ! I~ 0 (; r0 /' ---". L-C:-' ~ RICHARD M. EA TOUGH, II Defendant ,~ ,-.~ c:::::; ('"...:;~ () /1 ::-1 ff~ :!J r- IJJ c:; r",') <J w c) Go.) KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : 2006 - 5138 CIVIL TERM RICHARD M. EA TOUGH, II, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on September 1, 2006. 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: J"2! 1 L { 0e:. ;V~ RICHARD M. EA TOUGH, II Defendant "" c::> = c;;--... w o -q -; =,..,..., , llg ; J;:) 1 F :~.f ") C"J t . ~ <; -17 L) (.,) KRISTA A. EATOUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : 2006 - 5138 CIVIL TERM RICHARD M. EA TOUGH, II, Defendant 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 330l(c) and/or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Richard M. Eatough, II, by certified mail, restricted delivery, on or about September 7, 2006. The Affidavit of Service was filed with the Prothontoary on or about September 8, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by plaintiff: December 12, 2006 by defendant: December 12,2006 (b)(l) Date of execution of the affidavit required by Section 330l(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 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: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 13, 2006 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: December 13, 2006 Douglas . Miller, Esquire Attorne for Plaintiff Date: December 13, 2006 r--.:> c::;::\ c= .:::f.... o -n ---I o l-','~ C-) C.J1 v --,..-" .....J;j", f'....) U1 a Plaintiff No. PENNA. ~~ ~~~~~~~~~~~~~~ ~~~~ ~~~ ~~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF KRISTA A. EATOUGH, 2006-5138 VERSUS RICHARD M. EATOUGH, II, Defendant DECREE IN DIVORCE AND NOW, ~do ~ J:j 'I.M · , ~~, IT IS ORDERED AND DECREED THAT KRISTA A. EATOUGH , P LA I NT IFF, AND RICHARD M. EATOUGH, II , 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 Marriage Settlement Agreement dated December 12, 2006 and signed b arties is decree but not mer ed. ATTEST~ ~ r~ J. PROTHONOTARY ~~~~~~+~~~ ~~~~~~~~~~~+ . A"7:7> ry;J"t.~/ -<";evIl-; ~ p ..~ /p.tM? ~J f'W . '7[7 ie, C,' ~'-l' Ie. c /