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HomeMy WebLinkAbout02-3364KELLY I. MYERS, Plaintiff VS. DAMON C. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o2- IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTR You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KELLY I. MYERS, Plaintiff VS. DAMON C. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0~- $3uy IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELINR TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KELLY I. MYERS, ) Plaintiff VS. DAMON C. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0;~ IN DIVORCE ,COMPLAINT IN DIVORCF AND NOW comes the above-named Plaintiff, KELLY I. MYERS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KELLY I. MYERS, an adult individual who currently resides at 29 Army Heritage Drive in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is DAMON C. MYERS, an adult individual who currently resides at 808 West Siddonsburg Road in Dillsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 7 June 1997 in Grantham, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -- IRRETRIEVABLE BREAKDOWP' 8. The Plaintiff requests this Court to enter a Decree in Divorce.p WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II -- EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: KELLY I. ~IYERS ~ KELLY I. MYERS, PLAINTIFF DAMON C. MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3364 CIVIL ACTION .' : CIVIL ACTION - DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for Plaintiff in the above-captioned action. S~225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Plaintiff in the above-captioned action. Date: SMIGEL, ANDERSON & SACKS, LLP By: %~ LeRoy S?higel, Esquire ID #09617 Ann V. Levin, Esquire ID #70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff KELLY I. MYERS, PLAINTIFF DAMON C. MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3364 CIVIL ACTION : : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, JANE M. ALEXANDER, ESQUIRE, counsel for Defendant, accept service of the Complaint in Divorce on behalf of Defendant and certif}y that I am authorized to do SO. ,/~ FM. Alexa~cl~,.Esquire 1~ ~ Sou~ Balt~ore S~eet P/O. Box 421 ~illsb~g, PA 17019-0421 (717) 432-4514 Attorney tbr Del~nd~t KELLY I. MYERS, PLAINTIFF Vo DAMON C. MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3364 CIVIL ACTION : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Dt-~on C. My}rs,~ara"~ KELLY I. MYERS, PLAINTIFF DAMON C. MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3364 CIVIL ACTION : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Damon C. Myers, KELLY I. MYERS, PLAINTIFF Vo DAMON C. MYERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3364 CIVIL ACTION : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: i~e-il-y i. l~yers, Plaintiff KELLY I. MYERS, PLAINTIFF Vo DAMON C. MYERS, DEFENDANT · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3364 CYv'IL ACTION CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE IINDER ~ECTION 3301 (e) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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 tree 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. Date: I~elly I. ~ers, Plaintit~ MARRIAGE SETTLE~NT AGR by and betw~n MYERS and D~ON CLINTON M~Ri Dated: iNDEX 1. Divorce and Separation 3 4 5 6 7 8 9 10. 11. 12. 13 14 15 16 17 18 19 2O 21 22 23 24 Division of Property A. Husband's Property B. Wife's Property ............................................ 3 C. Satisfactory Division of Marital and Non-Marital Property.. 4 Taxes Additional Documentation Transfers Subject to Existing Liens Representations and Warranties Equitable Division Relinquishment of Rights ........................................ 5 After-Acquired Property ........................................ 5 Debts Liabilities Counsel Fees, Costs, and Expenses ............................... 6 Alimony ......................................................... 7 Full Disclosure Releases Indemnification General Provisions Fair and Equitable Contents Breach Execution of Documents Modification Severability .................................................... 9 Applicable Law Agreement Not to be Merged ...................... ............... 10 6727-1-4/MSA/JRD/vlf/2/27/03 6:51 PM MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this of ."7f_~v~.L'~c~~~ 2003, by and / between KELLY IRENE MYERS ("Wife") - A N D - DAMON CLINTON MYERS ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on June 7, 1997, at Grantham, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Se.naratlon. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall atall times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the,, other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulnc;ss of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 02-3364. The parties agree that they will execute Affidavits of Consent in the aforementioned matter. 2. Division of Property.. Husband and Wife agree., that the following constitutes an equitable distribution of the marital property. A. Hnaband'.q Property. The following pr,operty shall become the sole and exclusive property of Husband: marital home located at 808 West Siddonsburg Road, Dillsburg, PA; Husband's Vanguard IRA account; Husband's PNC Savings account; Husband's Members First savings account; Husband's Bank of Hanover account; Husband's 1965 Corvette; Husband's 1995 Harley-Davidson Bad BoY; Husband's 1990 Chevy SS 454 pickup truck; 1995 Corvette; all other personal propert]~ in Husband's possession and control. 2 The personal property still in Husband's possession and/or control and listed as Wife's.personal property in Section B is specifically excluded from this paragraph. Husband will cooperate with arrangements for Wife to retrieve her personal property still in Husband's possession or control as soon as practicable. Husband agrees to execute the necessary paperwork to remove Wife's name fi.om the deed, note, and mortgage, including all second and subsequent mOrtgages, home equity loans, and home equity lines of credit for the marital residence within thirty (30) days of the execution of this agreement. B. Wife's Pre~per~,._. The following property shall become the sole and exclusive property of Wife: Wife's Vanguard fund accounts; Wife's Healthcare/Growth Index Fund account; Wife's Vanguard IRA account; Wife's T Rowe Price 401(k) account; Wife's Healthsouth stock; Wife's Waterhouse stock account; !Wife's American Express stock; Wife's PNC savings account; Wife's Members First savings account; Wife's life insurance policies; Wife's Ford Explorer; 500 Club baseball painting; large green kitchen wine rack; two (2) floral pictures; kitchen television; spare room television; black office filing cabinet; office picture; two (2) bathroom pictures; wood table stands; dining room set; decorative vases; one (1) set of white dishes; two (2) c!eramic sculptures; dresser-on-dresser; sweater dresser; jewelry armoire; microwave; books and personal items fi.om the office and spare bedroom; miscellaneous personal items in the marital home; all other personal property in Wife's possession and control. 3 C. Sati.~faetory l}ivinion of Marital and Non-Marital pro.hetty. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual rctiiement accou tts, 401 (k), employment benefits, checking and savings accounts, mutual funds at.d other assets, whether real, personal or mixed, tangible or intangible. 3. Xaxea. Thc parties have heretofore tiled joint federal and state agree that in the event any deficiency in federal, state or local i~tcome tax is pl of any such tax is made against either of them, each will indcrmfify and hold h against any loss or liability for any such tax deficiency or assessment and any expense incurred in connection therewith. Such tax, interest, penalty or expert entirely by thc individual who is finally determined to be the cause of the mis~ ~resentations or failures to disclose thc nature and extent of his or her separate income on. the aforesaid~oint returns. 4. Additional 1}oeumentation. Thc parties agree to execute any ~ecds, assignments, titles or other instruments necessary and appropriate to accomplish thc aforesaid division of property. 5. Tran.~fer.~ ~uhject to E~:intin~p l.ien,:. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or lieis set forth above. The respective transferee of such property agrees to indemnify and save harmless thi other party from any claim or liability that such other party may suffer or may be required to pay on iccount of such lien or encumbrance. tax returns. Both parties oposed, or any assessment armless the other from and interest, penalty and ;e shall be paid solely and 6. Repre~entation.q and Warrantie,,, The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable l)ivi~inn. By this Agreement the proxies have intex~ded to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights o ? each party. The division of existing marital property is not intended by the parties to cortstitute in any a, ay a sale or exchange of assets, and the division is being effected without the introduction of outside fi [nds or other property not constituting a part of the marital estate. non-taxable. 8. It is the intention of the parties to tre~t all transfers herein as Relinqui.qhment of Right~. Except as expressly provided hen in, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tan gible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interegt she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 9. After-Aeqnired Property. Each of the parties shall hereafter ~wn and enjoy independently of any claim or right of the other, all items of property, be they ~ eal, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full pot ~er in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 5 10. llehts. Husband and Wife agree to be responsible for the joi~t debts of the parties as follows: Husband and Wife shall each be solely responsible fi)r all debts in including but not limited to personal loans, charge accounts and credit cards warrant to the other that as of the date of this Agreement they have not incun not contract or incur, any debt or liability for which the other or the estate of responsible. 11. Liabilities. All debts, contracts, obligations or liabilities incm or future by either party will be paid promptly by said party, unless and excel: set forth in this Agreement; and each of the parties hereto further promises, cc each will now and at all times hereafter save harmless and keep the other or hi and save harmless from all debts or liabilities incurred by him or her, as the cz heir respective names, Both parties represent and ed, and in the future will :he other might be red at any time in the past as otherwise specifically tenants and agrees that s or her estate indemnified se may be, and from all ca2tiunOsneSl claims and demands whatsoever with respect thereto, at:d from all co~s, legal or otherwise, and fees whatsoever pertaining to such actions, claims and demands. Nei~er party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the o! her or his or her property may be responsible, and shall indemnify and save harmless the other from any made against him or her by reason of debts or obligations incurred by him or h legal costs, and counsel fees unless provided to the contrary herein. 12. Conn,~el l*ee&. Co~t~ and Ex.nen~eo. Each party shall be respotsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/Ir the dissolution of their marriage. and all claims or demands ,'r and from all expenses, 13. Alimony. In exchange for and in considerationt of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all fight, titli, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Cimmonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction i~ the nature of spousal support, separate maintenance or sunnort alimon,, ei~ ..... -,~ ~ .... I · -,- , .~, u,~ p,nu,~nte rite, temporary, rehabilitative, permanent or lump sum and fight to seek equitable or communj'~ty distributiot or division or assignment of property or similar marital rights. ~ 14. lhllLI)fiss:l~. The respective parties do hereby warrant, r~resent and declare and do acknowledge and agree that each is and has been fully and completely informtd of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, e~trnings and income of the other and that each has made a full and complete disclosure to the other of his ~r her entire assets and liabilities and any further enumeration or statement thereof in th:is Agreement ts specifically waived. 15. Releases. Each party does hereby remise, release,, quitclaim anO forever discharge the other and the estate of the other from any and every claim that each other may :aow have, or hereafter have or can have at any time, against the other, or in and to or against the other s estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities ~fthe other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate la~s, or the right to take against each other's will, or for support or maintenance, or of any other nature ~hatsoever, except any rights accruing under this Agreement. 7 16. Indemnification. Each party represents and warrants to the 9ther that he or she has not incurred any debt, obligation, or other liability, other than described in this .4 other party is or may be liable. Each party covenants and agrees that if any is hereinafter initiated seeking to hold the other party liable for any other del: or omission of such party, such party will at his or her sole expense, defend ti claim or demand, whether or not well-founded, and that he or she will inderm other party in respect of all damages as resulting therefrom. Damages as use, claim, action, demand, loss, cost, expense, penalty, and other damage, includi counsel fees and other costs and expenses reasonably incurred in invesfigatin same or in opposing the imposition thereof or enforcing this indemnity, resul from any inaccurate representation made by or on behalf of either Husband or Agreement, any breach of any of the warranties made by Husba~ad or Wife in or default in performance by Husband or Wife of any of the obligations to be greement, on which the '~laim, action or proceeding ~.s, obligations, liability, act ~e other against any such fify and hold harmless the herein shall include any ag without limitation, or attempting to avoid ng to Husband or Wife Wife to the other in this his Agreement, or breach ,erformed by such party hereunder. The Husband or Wife agrees to give the other prompt written notite of any litigation threatened or instituted against either party which might constitute the basis fo[ a claim for indemnity pursuant to the terms of this Agreement. 17. General Pr,~vininn~, This Agreement constitutes the entire un~ and supersedes any and all prior agreements and negotiations between them. representations or warranties other than those expressly set forth herein. 18. Fair and Equitable Cnntente. The provisions of this Agreem~ have been fully explained to the parties by their respective counsel. Each party 8 erstanding of the parties here are no at and their legal effect acknowledges that he or she has received independent legal advice from counsel of his or her selectio understands the facts and has been fully informed as to his or her legal rights party acknowledges and accepts that this Agreement is, under the circumstm that it is being entered into freely and voluntarily after having :received such knowledge, and that execution of this agreement is not the result of any dure~ that it is not the result of any collusion or improper or illegal agreement or a 19. B.r_each. It is expressly stipulated that if either party fails in of his or her material obligations under this Agreement, the other party shall election, to sue for damages for breach thereof, to sue for specific performan n and that each fully and obligations. Each ces, fair and equitable, and idvice and with such ;s or undue influence and reements. e due performance of any ~ave the right, at his or her :e, or to seek any other legal remedies as may be available, and the d~faulting party shall pay the reatonable legal fees for any services rendered by the non-defaulting party s attorney in any action or procleding to compel performance hereunder. 20. Execution of Doeumentq. Each party shall on demand execul e any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 21. Modifieation. No modification, rescission or atnendment to t¢is Agreement shall be effective unless in writing signed by each of the parties hereto. 22. SeverahiliW, If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions her survive and continue in full force and effect without being impaired or invali~ 23. Applicable l.aw~ This Agreement shall be cons~trued under tk Commonwealth of Pennsylvania. 9 :of shall nevertheless ated in any way. laws of the 24. Agreement Nat to he Merged. This Agreement may be file4 with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, iut otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agn Code of 1980, as amended, and in addition, shall retain any remedies in law Agreement as an independent contract. Such remedies in law or equity are s released. IN WITNESS WHEREOF, the parties hereto have set their hands d seals the day and year first above written. ;ement under the Divorce ,r in equity under this ecifically not waived or Witness: CLINTON MYEV ' 10 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF ~F¥~ 0t~c t ~ : Personally appeared before me, a Notary Public in and for the aforesa County, KELLY I. MYERS, who being duly sworn according to law deposes an the foregoing Agreement and she executed same for the purposes therein con! Witness my hand and seal this I ~tv~''~ day of Notary Public My Commission Expires: F Vi' Notari ~ ~cicy L. Fitz / Susqu~h~na ~' /._.My ~omn~ssio. £ COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF Personally appeared before me, a Notary Public in and for' the aforesaid County, DAMON C. MYERS, who being duly sworn according to law deposes am of the foregoing Agreement and he executed same for the purposes therein cont. Witness my hand and seal this 2~ ~ Commonwealth and says that she is a party of ained. 2003. 2ommonwealth and says that he is a party Jned. day of~,~ _, 2003. /Notary Public -~~-~~-- My Commission Expires: 20',).5 6727-1-4/PRAECIPE TO TRANSMIT/LRS/vlf KELLY I. MYERS PLAINTIFF Vo DAMON C. MYERS, DEFENDANT IN THE COURT OF O 3MMON PLEAS CUMBEKLAND COLt ~ITY, PENNSYLVANIA NO. 02-3364 CIVIL TI',RM CIVIL ACTION - DIVORCE pRAECIPE TO TRANgMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the CCurt for entry of a divorce 1. Ground for divorce: Irretrievable breakdown under §3301(c) offf 2. Date and manner of service of the Complaint: Now,~mber 1,200Z executed by counsel for Defendant. Code: e Divorce Code. Acceptance of Service 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce by Plaintiff on March 14, 2003; and by Defendant on February 28, 20t3. 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to Ftle Praecipe to Transmit 1 Record, a copy of which is attached: not applicable. (b) Date Plaintiff's Waiver of Notice in §3301 (c) Divorce w~ts filed with the Prothonotary: March 19, 2003. ~ was filed with the Date Defendant's Waiver of Notice in §3301(c) Divorce March 19, 2003. SMIGEL, ANDERSON Prothonotary: Date: March 31, 2003 By: g: SACKS ~~g~~)~ ~F~r9.617 Harrisburg!PA 17~10-1709 ' (717) 234-2401 Attorneys for Plait.tiff IN KELLY I. MYERS, THE COURT OF COMMON OF CUMBERLAND COLINTY STATE OF ,F,~ PENNA. VERSUS DAMON C. MYERS, DEFENDANT N o. 02-3364 DECREE IN DIVORCE AND NOW, ~.'/ /~ ~o~ DECREED THAT KE~Y I. ~ , __, IT II AND DAMON C. MYERS PLEAS ACTION ORDERED AND , LAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLA BEEN RAISED OF RECORD iN THiS ACTION FOR WHICH A FINAL YEt BEEN ENTERED; NON~ It is further ORDERED and DECREED that the Marriage Settlemeni - . '.-' ~ - ; _ ,'~v ?R, 9~0q' by reference into this Decree for the purposes of ;nforc~t be deemed to have been merged with this Decree. BY THE COURT: / MS WHICH HAVE )RDER HAS NOT · Agreement is inco__ =~perat_, d but shall NOT ROTHONOTARY