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HomeMy WebLinkAbout06-6938 THE LAW OFFICES OF ROBERT S. MIRIN DEBRA R. MEHAFFIE, ESQUIRE Attorney J.D. No. 90951 2515 North Front Street Harrisburg, PAl 711 0 Telephone No. (717) 909-9900 Fax No. (717) 561-1616 susquehanna{a),comcast.net O~rGrNAL Attorney for Thomas R. Kimble, Jr. THOMAS R. KIMBLE, JR., Plaintiff -vs- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No, (:j.. - YlJt (2ir.,L J'fArt. ANN M. KIMBLE, Defendant CIVIL ACTION - LA W IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property rights or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3163 THOMAS R. KIMBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA -vs- No. ANN M. KIMBLE, Defendant CIVIL ACTION - LAW IN DIVORCE A VISO USTED HA SIDO DEMANDADO EN LA CORTE, Si desea defenderse de las querellas expuestas en las paginas siguientes, debe to mar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulacion puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra querella 0 compensacion recIamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 romplmlento irreparable del matrimonio, usted puede solicitor consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Protonotario, en la Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE P AGAR UN AB o GAD 0, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3163 mOMAS R. KIMBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -vs- No. Ct. - ~93? ~lO'll/~ ANN M. KIMBLE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 330l(c) and (d) OF THE DIVORCE CODE 1. The Plaintiff is Thomas R. Kimble, Jr., an adult individual who currently resides at 1671 Toodle Road, Cumberland County, Carlisle, Pennsylvania, 17015 and whose social security number is 192-38-5859. 2. The Defendant is Ann M. Kimble, an adult individual who currently resides at 111 Maple Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 and whose social security number is 180-40-5178. 3. Plaintiff and Defendant were married on September 9, 1969 in Honesdale, Wayne County, Pennsylvania 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There have been no prior actions of divorce or for annulment between the parties except for an action of divorce in Cayuga County, New York, which was closed in 2004. 8, Plaintiff has been advised of the availability of marriage counseling and has waived said right. 9. Plaintiff avers that the ground on which this action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. Respectfully Submitted: THE LAW OFFICES OF ROBERT S. MIRIN VERIFICATION I, Thomas R. Kimble, Jr., verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. / I~ 3c . d-oz;~ Date - AJ it ~ f' ......... ......... '-. (::) ~ !l ~ -- ...0 o ~ ~ ~C> ~ '-Z:- (") c <" ~t'( (/):J- , -<:' .. r:::: ~I~2 2:: =< ro..) c::::t 0 ~ " ~ ~:n I -uM ~5? I~? tii <;) :n -70 w Om w ~ w -< Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -vs- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. DL. - Je,l(3i> eu; LYfLL~_ THOMAS R. KIMBLE, JR., Plaintiff ANN M. KIMBLE, Defendant CIVIL ACTION - LA W ORIGINAtDIVORCE NOTICE: If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on September 11, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers 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 are subject to the penalties of 18. Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: /1 r- J (). (J-CJD 0 I t\ .1ii ~.. ,""""." ,:..,~ C') c: s: ;:gm ~>."~-~.' 4~ _J. ~:,):- s: ~8 z _.1 -< 1"00.,) c;:, c;:, CT'\ o /'"T1 C"') I ~ ~. nl.'.!' '"'0 ' :0 o -I'.,.. (J::n 5~ -c-I ?E -<:; ." :x w w \0 THOMAS R. KIMBLE, JR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06-6938 ANN M. KIMBLE Defendant CNIL ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Ann M. Kimble, hereby accept service of the Divorce Complaint and Affidavit of Separation. Date: 1~-J/~)OOb r . . Kimble 111 Maple Drive Mechanicsburg, P A 17050 ~ C::J (~ c..Y"\ ("-" '-) -n -l I-n in p--: cr~ "-'T" CJ f""1 n ~) -0 C) ~.Tj C) o RECEIVED DEe 1 9 2006 THOMAS R. KIMBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -vs- No. 06-6938 ANN M. KIMBLE, Defendant CNIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 8th day of January, 2007, I, Debra R. Mehaffie, Esquire, hereby certify that on this day I served the within Notice of Intent to Request Entry of ~ 3301 (d) Divorce Decree and Counter-Affidavit upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Ann M. Kimble 111 Maple Drive Mechanicsburg, P A 17050 LAW OFFICES OF ROBERT S. MIRIN eliaf Ie, squir 15 N. Front Street Harrisburg, P A 17110 Tele: (717) 909-9900 Fax: (717) 561-1616 SUSQUEHANNA@comcast.net . (') c <:: ~~~: Ci? S-~ ~e. Pr- ~t=: ~ ~ ,..."., = = ...., <- :;:0.. z ~ ~ nl:D r- -om ~oy 0- -Ie) .".'1.... -,.~ ~ ';:.J,.,. -r1 SoJe'" 6n1 -{ ~ -< -.J > :z +:- co SETTLEMENT AGREEMENT THIS AGREEMENT, made this tt!--aay of!flttj , 2005, by and between THOMAS R. KIMBLE, JR., residing at 115 South Filbert Street, Mechanicsburg, P A 17055 hereinafter referred to as "husband" and ANN M. KIMBLE, residing at 111 Maple Drive, Mechanicsburg, P A 17050 hereinafter referred to as "wife". WITNESSETH: 1. The parties were married on the 9th day of September, 1969 in Honesdale, Pennsylvania; and 2. There are no minor children of the marriage; and 3. The parties no longer desire to live together as husband and wife as a result of certain marital differences; and 4. The parties wish to enter into a comprehensive agreement which will fully, fairly and equitably settle all of their marital, familial, financial and property rights and obligations in such a manner that it will not be necessary for such rights and obligations to be determined by a court; and 5. Each party has been fully advised of his or her respective rights and obligations in under the New York Domestic Relation Law, Section 236 Part B, commonly known and referred to as the "Equitable Distribution Law," as well as such rights and obligations which arise from other provisions of law pertaining to marriage and the dissolution of marriage; and 6. The parties wish to provide for a fair and equitable distribution of their "marital property." The parties understand that the term marital property refers to any property or property interest acquired fromthe date of the parties marriage to the date of execution of this agreement, except for such property acquired during such period of time by gift from any person other than the other party to this agreement, property acquired by bequest, devise or descent, and any property received by either spouse as compensation for personal iIUuries. The parties understand that such excepted property is considered "separate property" under the 1 equitable distribution law. The parties also understand that any property acquired in exchange for such separate property is also considered to be separate property and that the increase in value of any property is also deemed to be separate property except to the extent that such appreciation is due in part to the contributions or efforts of the other spouse; and 7. In determining the equitable distribution of their marital property, the parties have considered the following factors: a. The income and property of each party at the time of marriage and at the time of the execution of this agreement; b. The duration of the marriage and the age and health of both parties; c. The need of a custodial parent to occupy or own the marital residence and to use or own its household effects; d. The loss or waiver of any inheritance or pension rights by virtue of this agreement or upon dissolution of the marriage as of the date of dissolution; e. Any award or maintenance under subdivision six of Part B of Section 236 of the Domestic Relations Law. f. Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career or career potential of the other party; g. The liquid or non-liquid character of all marital property; h. The probable future financial circumstances of each party; i. The impossibility or difficulty of evaluating any component asset for any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party; J. The tax consequence to each party; 2 k. The wasteful dissipation of assets by either spouse; L Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; m. Any other factor which the court shall' expressly find to be just and proper. 8. In determining the amount and duration of any maintenance payments, if any, to be made by either party to the other, the parties have considered the following factors: a. The income and property of the respective parties including marital property distributed pursuant to subdivision five of Section 236, Part B of Domestic Relations Law as previously set forth in paragraph "7" of the recital of this agreement; b. The duration of the marriage and the age and health of both parties; c. The present and future earning capacity of both parties; d. The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefore; e. Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment or career opportunities during marriage; f. The presence of children of the marriage in the respective homes of the parties; g. The tax consequences to each party; h. Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; 1. The wasteful dissipation of marital property by either spouse; j. Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; k. Any other factor which the court shall expressly fmd to be just and proper. 9. In determining the amount and duration of child support payments to be paid by either party to the other, if any, the parties have considered the following factors: 3 a. The financial resources of the custodial parent and the noncustodial parent, and those of the child; b. The physical and emotional health of the child and educational and vocational needs and aptitudes; c. Where practical and relevant, the standard of living the child would have enjoyed had the parties not separated or their marriage been dissolved; d. Where practical and relevant, the tax consequences to the parties; e. The non-monetary contributions that the parties will make toward the care and well-being of the child; 10. The parties recognize that instead of entering into this agreement they could submit all of their marital, familial, financial and property issues covered by this agreement for determination by a court of competent jurisdiction. But the parties believe that they are in a better position to make these determinations and both wish to avoid the risk and expense of contested litigation. Both parties believe that the provisions of this agreement are in all respects fair, reasonable and equitable and in the best interests of both parties and any children of the marriage. NOW THEREFORE, in consideration of the mutual promises and understandings herein, and for otller good and valuable consideratio~ the parties agree: ARTICLE 1: SEPARATE RESIDENCE It is, and shall be, lawful for the parties hereto at all times to live and continue to live separate and apart from each other for the rest of their natural lives. ARTICLE 2: NO INTERFERENCE Each party shall be free from any interference, authority, or control, direct or indirect, by the other as fully as if each party were single and unmarried. Neither party shall endeavor to compel the other to cohabit, dwell or resume marital relations with him or her. ARTICLE 3: MUTUAL RELEASE Subject to the rights and obligations hereinafter provided in this agreement, each party hereby releases 4 and discharge the other of and from any and all claims, causes of action, rights, interests or demands of any kind or nature, whether in law or equity, which either party has now or ever has against the other, with the singular exception of any and all cause or causes of action for divorce. ARTICLE 4: BINDING EFFECT Except as otherwise set forth in this agreement, its terms and provisions shall be forever binding and conclusive upon the parties, their respective heirs, next oflon, successors, executors, administrators, assigns or other representatives. ARTICLE 5: MAlNTENANCE The parties acknowledge that, by New York State law, either could be entitled to maintenance paid to them by the other party. The parties further acknowledge that each of the parties to this agreement is gainfully employed e~g approximately the same amount; and each is fully capable of providing for his or her own reasonable needs and is capable of self-support. Thus both parties waive their right to receive maintenance from the other. Each party has been specifically advised of the provisions of subdivision six of Part B of ~236 of the Domestic Relations Law with respect to the maintenance and make this waiver with knowledge of such rights as are set forth in that statute. ARTICLE 6: REAL ESTATE The parties acknowledge that there are two parcels of land which are marital property: (1) a single family residence at 185 Cayuga Street, Union Springs, New York assessed at $38,700.00 with a mortgage against it through Cayuga Lake National Bank which is presently rented out and (2) vacant land, originally 107 acres located in the Town of Springsport, New York, assessed at $51,900.00 which is ptesently being sold off in smaller parcels. The parties acknowledge that the vacant land, which is titled in both names, is presently on the market for sale. They agree that, as each p~cel sells, each party will be reimbursed from the net proceeds of sale after mortgage is p,aid off, for his or her expenses in payment of the mortgage, taxes and any other reasonable expenses as~ociated with said property, at the time of sale. Any remaining net proceeds or loss will be shared 5 by the parties on a 50-50 basis. Until each property is sold, it will remain titled to both parties and neither party will incur any debt against any of the jointly held properties. Any rental received from the property will be used solely for the payment of ,the mortgage, insurance and taxes of said property and proof of rents received and expenses paid will be provided on a monthly basis. Any other expenses must be agreed upon by both parties with written agreement. ARTICLE 7: PERSONAL PROPERTY The parties each have a vehicle in his or her possession which is titled solely in the name of the possessor. Each party agrees to be solely responsible for any debt or expenses associated with the vehicle in his or her possession. The parties have divided between them, to their mutual satisfaction, all other personal effects, household furniture and furnishings. All such items of personal property including bank accounts, securities, property of other nature whether real or personal, tangible or intangible, not specifically set forth in this agreement shall be in all respects the separate property of the respective person in whom the property is registered or in whose possession said property presently exists. ARTICLE 8: LlABD...ITIES The parties acknowledge that other than the mortgage against the real estate there is no marital debt. They agree that each will be responsible for any debt incurred in his or her name and each will hold the other party harmless for payment of this said debt and should either party default on payment, and the other party be required to make payments, the parties agree that the non-debtor party shall have the right to counsel fees and other costs incurred in any court action he or she may initiate in the collection of said payment. The parties covenant that they will not at any time in the future incur or contract any debt, charge, or liability whatsoever for which the other; his legal representative or the property of his estate may become liable. ARTICLE 9: MEDICAL INSURANCE AND EXPENSES The parties agree that each party will be responsible for medical insurance through his or her employer. The parties further agree that each will be fully responsible for any uncovered medical expenses 6 incurred on his or her behalf. In lieu of any part of Thomas R Kimble Jr's retirement account, it is agreed he will keep Ann M Kimble on his health insurance until 12-31-2005 and allow her to receive the sum of 2000.00 (two thousand) dollars in addition to her fifty(50) percent share at the next sale of property. ARTICLE 10: RECONCILIATION This agreement shall not be invalidated or otherwise effected by a reconciliation between the parties hereto, or a temporary resumption of marital relations between the~ unless said reconciliation or said resumption be documented by a written statement executed and acknowledged by the parties with respect to said reconciliation and resumption, and in addition, setting forth that they are canceling this Agreement, and this Agreement shall not be invalidated or otherwise affected by any decree or judgment of separation or divorce made in any Court of any action which may presently exist or may, hereafter, be instituted by either party against the other for a separation or divorce. ARTICLE 11: WAIVER OF ESTATE RIGHTS Each party hereto waives any and all right to the estate of the other left at his or her death and forever quitclaims any and all right to share in the estate of the other by the laws of succession, and said parties release, o~e to the other, all right to the administrator or administratrix, or executor or executrix, of the estate of the other, and releases and waives all right to elect against the will of the other, and releases and waives all right of homestead in the real property of the other, and said parties waive any and all right to the estate, to any interest in the estate of the other for family allowance or by way of inheritance, and from the date of this agreement to the end of the world, said waiver of the one in the estate of the other shall.be effective, and they shall have all the rights of single persons and maintain the same relation of such toward each other with respect to property or business. Nothing contained herein is intended to or shall constitute a waiver, by either party, of any voluntary testamentary provision which may be made in his or her favor by the other. ARTICLE 12: NO CONDONATION Nothing contained in the agreement shall constitute a condonation by either party of any act or acts by the other claimed to have occasioned their separation. Neither party waives or relinquishes 7 any of the legal grounds that he or she now or hereafter have with respect to any action which may be instituted for an absolute divorce by either party. The execution of this agreement shall not constitute a bar or prevent either party from commencing an action for absolute divorce in any Court of competent jurisdiction. ARTICLE 13: MODIFICATION AND WAIVER No modification or waiver of any provision of this agreement shall be binding unless made in writing and executed and acknowledged with the same degree of formality as this agreement or unless stipulated to by the parties upon the record of a court of competent jurisdiction. ARTICLE 14: BREACH If either party breaches.any provision of this agreement, the other party shall have the right to rescind this agreement, recover money damages, obtain specific performan~e, or seek any other relief available to him or her in law or equity. In seeking this relief, the unsuccessful party shall be respOnsible for all litigation expenses, including but not limited to reasonable attorney's fees. ARTICLE 15: PARTIAL INVALIDITY If any provision of this agreement is held to be invalid or unenforceable, all other provisions hereof shall nevertheless continue in full force and effect. ARTICLE 16: ADDRESSES OF THE PARTIES F or so long as either party shall have any continuing obligation arising under this agreement, to the other party or to any child of the marriage, each party shall keep the other informed of his or her current mailing address and actual place of residence. Each party shall, upon any change of mailing address or place of residence, promptly notify the other party of the new mailing address or place of residence. In the event any minor child shall reside at any place other than with the custodial parent, either party having knowledge of the child's mailing address or place of residence shall promptly inform the other of the same. ARTICLE 17: ADDIDONAL INSTRUMENTS Each party shall execute, acknowledge and deliver, either to the other party or to such persons, firms and entities as the other party may direct, any and all further or additional instruments or documents which may be reasonably required to give full force and effect to the provisions of this agreement. 8 ARTICLE 18: ALL TERMS FINAL The provisions of this agreement, other than those contained in such preceding paragraphs as shall provide a limited term, shall be deemed final and conclusive as to all rights of the parties. ARTICLE 19: INCORPORATION OF AGREEMENT This agreement shall be offered in evidence in any action of divorce and acceptable to the Court, shall be incorporated by reference in the decree which may be granted. The party obtaining such decree shall not incorporate, attempt to incorporate or cause to be incorporated any provisions in such decree contrary to or at variance with the terms of this agreement, nor shall either party attempt to enforce any decree or judgment which is contrary to or at variance with the provisions hereof Notwithstanding such inqorporation, this agreement shall not be merged in the decree but shall survive the same and shall be binding and conclusive on the parties at all times. ARTICLE 20: RELEASE OF CLAIMS The parties hereto shall and do hereby mutually release, premise and forever discharge each other from any and all actions, suits, debts, claims, demands and other obligations whatsoever, both in law and in equity, which either of them never had, nor has or may hereafter have against the other, upon or by reason of any matter, caqse or thing up to the date of the execution of this agreement, it being the intention of the parties hereto that hence forth there shall be, as between them, only such rights and obligations as are specifically provided in this agreement. ARTICLE 21: CONSTRUCTION OF AGREEMENT This agreement shall be construed in accordance with the laws of the State of New York, entirely independent of the forum where it may come up from construction or enforcement. If a Court of competent jurisdiction at any time holds that portion of this agreement is invalid, the remainder shall not be affected thereby and shall continued in full force and effect, it being the intention hereafter determined to exist not in anyone or more of its provisions. ARTICLE 22: NOTICES All notices required to be given shall be sent by certified mail, return receipt requested, duly directed 9 to the parties at their respective addresses indicated above. The parties may from time to time specify other addresses by notice sent in like manner. ARTICLE 23: NO OTHER REPRESENTATIONS a. The parties represent that each of them has read the foregoing instrument and fully understand each and every condition thereof and has executed the same entirely ofhis or her own free will and act, and each party understands that this is a full, and complete and final adjustment of his or her property rights and the property rights of the other. b. Each party agrees that there are no representations, promises or understandings other than those set forth in this agreement. c. Neither this agreement nor any provision hereof shall be amended or modified or deemed amended or modified except by an agreement in writing signed by the parties. The failure of either party to insist upon the strict performance of any of the tenris of this agreement by the other party shall not be construed as a waiver of such term or terms for the futlU'e and the same shall continue in full force and effect. d. The terms and provisions of this agreement shall be binding upon the he~, administrators, executors or assigns of the respective parties. IN WITNESS WHEREOF, the parties have set their respective hands and ~eals the day and year above :first written. STATEOF~ COUNTYOF~ss.: On die ~ day of ~ 2005, before me, the undersigned, a Notary Public in and 10 for said state, personally appeare~ THOMAS R. KlMBLE, JR., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. COMMONWEALTH Of PENNSYLVANIA NOTARIAl SEAl GEORGANN E. KEGG, Notary 'N* Siver Spmg Twp., CurnbeIiIIrd Coooty My Cu.1.1~ EJcpne Feb. 29. 2008 STATE OFJ?eWS\f!lk.Vu& COUNTY oF61fVlb.Qrb~ On the ~daY of r1t1 nl ( . 2005, before me, the undersigned, a Notary Public in and for said state, personally appeare~, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to. the within instrument and acknowledge to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Christie L Underkofrter, NotiI'y PubIc Silver SP.ring Twp., ClI'J'Iber1and Ccu1ty My CtJmm!ssioo Expires JlI18 24, 2008 . -....--.. ~. -...-", 11 =~ I'"....> c'::;) c:::> -..J .." n co I N o "T1 :I! nl :::n -':J r.:: ~:, r; ..... T .=~ () T~ 'r; i;~ '..j J'> :n -< -0 ~ w o rv ", . The Law Offices of Robert S. Mirin Debra R. Mehaffie, Esquire Attorney LD. 90951 2515 North Front Street Harrisburg, P A 17110 (717) 909-9900 (717) 561-1616 fax . Attorney for Thomas R. Kimble, Jr. THOMAS R. KIMBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -vs- . No. 06-6938 ANN M. KIMBLE, Defendant CIVIL ACTION - LA W 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 S3301(d)(1) of the Divorce Code: 2. Date and manner of service of Complaint: Complaint served December 18, 2006 by first class mail. Defendant accepted service. 3. Date of execution of the affidavit required by S 3301(d) of the Divorce Code: November 30, 2006; Date of filing and service of the Plaintiff s affidavit upon the respondent: Filed December 1, 2006 and served December 18, 2006. 4. Related pending claims: none. 5. Date and manner of service of the Notice of Intention to file praecipe a copy of hed: J nuary 8,2007 by first class mail. Date: THOMAS R. KlMBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -vs- No. 06-6938 ANNM. Kllv1BLE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: ANN M. KTIv1BLE, DEFENDANT You have been sued in an action for divorce. You have' failed to answer the complaint or file a counter-affidavit to the 9 3301(d) affidavit. Therefore, on or after January 30, 2007, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you wiIllose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ALBE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3163 . THOMAS R. KThffiLE, JR., Plaintiff IN THE COURT OF COJ\.1M:ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -vs- No. 06-6938 ANN M. KIMBLE, Defendant CNIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 8th day of January, 2007, I, Debra R. Mehaffie, Esquire, hereby certify that on this day I served the within Notice of Intent to Request Entry of g 3301 (d) Divorce Decree and Counter-Affidavit upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Ann M. Kimble 111 Maple Drive Mechanicsburg, P A 17050 . Mehaffie, Esquire 2515 N. Front Street Harrisburg, P A 17110 Tele: (717) 909-9900 Fax~ (717) 561~1616 SUSQUEHANNA@comcast.net "-..~,. ~~ e~'_~ (") (; ~ ~ c;;;) --J -r'1 rr; OJ 1 N o -n ~ rn~ -d tD -"'1L) ;~~ ~':) rn ',:..~ l:> ""..0 =< -0 ~ (f! {:J N ",'+''+''+'''' '" '" '" '+' '" '+' '+' '" '" '" '" "''''''' "''+''''~~''' '" ~'" "''''''' '" '" '" '" "'''''''''' '+''''''''''''''''''''''''''''''''''''''''''''''''' "''''''''''''''''''''''''' "''+' '" :Ii"''''''' IN THE COURT OF COMMON PLE: 5 OFCUMBERLANDCOUNTY Thomas R. Kimble, Jr. PENNA. STATE OF No. 06-6938 Plaintiff VERSUS Ann M. Kimhle Defendant DECREE IN DIVORCE AND NOW, \=e.lo 2007 , IT IS OR ERED AND 1 Thomas R. Kimble, Jr. , PLAIN IFF, DECREED THAT Ann M. Kimble ,DEFE DANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS H ICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORD R HAS NOT YET BEEN ENTERED; The Settlement Agreement dated Ma 11, 2005 and attached heret incorporated by reference, but shall not be merged herewith. '" '" '" '" ~~~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~ ~ +~~'f +~+~+~++~~~~~~ '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '+' '" '" '+' '" '" '" '+' '" '" '" '" '" '" '" '" Of Of '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '+' '" '" J. .~ ? ~#f ~lt-, (J/' [)'C' ~)"F/ ~ ~ ~~ ~~,~ Le/'o ~I . ~ .. .