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HomeMy WebLinkAbout02-6063IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN K. JACOBY, : Plaintiff : VS. .. : RICHARD p. JACOBY : Defendant : CIVIL ACTION - LAW CASE NO. 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 proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator at the Cumberland County Courthouse, Hanover and High Streets, 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 Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN K. JACOBY, VS. RICHARD P. JACOBY, Plaintiff CIVIL ACTION - LAW CASE NO. Eb,R ~ ~O(,-3 Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW this og, D~day of ~, 2002 comes Plaintiff by and through her attorney, Joseph D. Buckley, Esquire and requests a divorce from Defendant as follows: 1. Plaintiff is Erin K. Jacoby, who currently resides at 108 Willis Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Richard P. Jacoby, who currently resides at 402 Nealy Road, Newville, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 1, 2001, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken due to irreconcilable differences. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in marriage counseling. 8. Venue is proper in this Court pursuant to Rule 1920.2(a)(2). 9. Neither Plaintiff or Defendant are members of the armed forces of the United States. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Supreme Court ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 I, Erin K. Jacoby, verify that the statements made in this 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. Enn ~x.-Jacoby, Pla~__fffff ' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint Under Section 3301(c) of the Divorce Code was duly served via United States First Class Certified Mail, Return Receipt Requested, Restricted Delivery, postage prepaid upon the following person: Richard P. Jacoby 402 Nealy Road Newville, PA 17013 Date: PROPERTY SETTLEMENT AGRl~EMENT THIS AGREEMENT, dated the 23rd day of October, 2002, by and between ERIN K. JACOBY, formerly Obercash, residing at 108 Willis Road, Newville, Cumberland County, PA 17241, Social Security Number 199-62-2455, hereinafter called the "Wife", and RICHARD p. JACOBY, residing at 402 Nealy Road, Neville, Cumberland County, PA 17241, Social Security Number 167-68-1316, hereinafter called the "Husband", who agree as follows: WITNESSETH; WHEREAS, the parties are Husband and Wife, having been married on September 1, 2001, in Carlisle, Cumberland County, Pennsylvania. The parties separated April 15, 2002. WHEREAS, there has been issue of the parties, pfior to the said marriage, to wit :Blake Michael Jacoby, bom October 12, 1999, hereinafter referred to as the Child. WHEREAS, diverse unhappy, and irreconcilable 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 hereto are desirous of settling fully and finally their respective financial and property fights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the 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; the settling of all matters between them relating to the past, present and future support and/or maintenance of the Child, the implementation of custody/visitation arrangements for the minor Child of the parties; 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 promises and of the mutual promises, covenants and undertakings hereinafter set ibrth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be awfilable to either party. This Agreement is not intended to condone and shall not be deerned to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties inteud to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990, 206, effective 3-19-91. 2. EFFECT OF DECREE, NO MERGER It is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being tmderstood by and between the parties that this Agreement shall survive and shall not he merged into any decree, judgment, or order of divorce or separation. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances" and either party may at any time request an increase in the amount of child support, but in no instance may either party request a reduction in any support. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divome may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effbct have been fully explained to the parties by their respective counsel, Joseph D. Buckley, Esquire, for wife, and/or the parties have been given the opportunity to have the same reviewed by counsel. The parties acknowledge that they have or received independent legal advice from counsel of their selection or have been given the opportunity to have the same reviewed by counsel and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the cimumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice or having had the opportunity to have the same reviewed by counsel and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Wife does not wish to exercise her right to have appraisals by experts as to the value of the various interests of Husband. She understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free fi.om any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarned. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 7. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 8. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and fi.om any and all rights, title and interest:, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether ahsing as a result of the marital relation or otherwise, except, and only except, all rights artd agreements and obligations of whatsoever nature arising or which may arise under this: Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 9. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that thi:~ Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 126) known as "The Divorce Code", 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have divided their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divome Code, and taking into account the following considerations: the length of the marriage, the proper marriages of the parties; the age, health, station, amount and soumes of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opporttmity of each party for t~uture acquisition of capital assets and income; the soumes of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 10. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, motor vehicles and other household personal property between them, and they mutually agree lhat each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any ~itles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent fight or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage or other instrument of the other pertaining to such disposition of property except for the vehicle in Wife's possession as described in the preceding paragraph. 11. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 12. SUBSEQUENT PERSONAL DEBTS Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. There are no marital debts, other than those listed in this Agreement. 13. FUTURE DEBTS Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement, neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 14. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and ail such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 15. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. INCOME TAX PRIOR RETURNS If for any reason the parties are assessed for any prior tax liability, both shall equally share in such liability, if any. 17. 2002 iNCOME TAX RETURN Husband and Wife agree that they shall file separately for Federal, State and local income tax returns for the year 2002, and that wife shall hereafter claim the parties' child Blake as a dependent. 18. CUSTODY Husband and Wife agree that the Wife shall have full legal custody of the parties' minor child, Blake Michael. Wife shall be the primary custodian of the child and the child shall attend school in the district in which wife shall ~om time to time reside. The parties do not intend at this time to be more specific with regard to custody of the child, but intend to make arrangements for the Father to have liberal periods of time with the child at such locations as he shall select, from time to time as circumstances change and as the parties, including the child, shall agree. However, the parties agree that at a minimum Husband shall have custody every other major holiday (federally observed) except Christmas when the parties shall alternate having the child in the morning from 8:00 A.M. until 2:00 P.M., or afternoon from 2:00 P.M. until 8:00 P.M. The Husband agrees to call before appearing for a visit and to pre-arrange periods of partial custody at least twenty-four (24) hours in advance. The Wife agrees not to unreasonable withhold consent for visitation or periods of partial custody by the Father. 19. SUPPORT Husband shall pay to Wife the initial sum of Seventy-five ($75.00) Dollars a week for the support and care of the child. Payments shall be made every week; however, if Husband's pay cycles change from weekly to bi-weekly or monthly, payment intervals may be adjusted to reflect Husband's payment schedule. If, however, Husband anticipates that his employment will be holding his pay for a period more than thirty days, and he has advanced notice of such, he shall make an advance payment to Wife for child support in an amount equal to the number of weeks times $ 75.00 Husband anticipates being without payment from his employer. (Example if Husband is to have two months pay held or eight weeks, he shall make an advance lump sum payment ~.o Wife of $600.00.) 20. HIGHER EDUCATION, POST HIGH SCHOOL VOCATIONAL EXPENSES OF THE CHILD Husband and Wife agree to share in the responsibility for the reasonable cost of tmdergraduate college education or post high school vocational training for the child including but not limited to the following: tuition, room, board, books, supplies, fees, transportation, and clothing. Husband's obligation pursuant to this paragraph is conditioned upon his being consulted with respect to the choice of educational institutions and his approval thereof obtained, provided, however, that Husband's approval shall not be unreasonably withheld. Husband and Wife's responsibility shall not exceed 1/3 each and Child shall be responsible for the remaining 1/3. Further, the Child must make a reasonable effort to obtain scholarship and other financial aid which shall first be deducted from the total cost of undergraduate college education. Husband and Wife agree that the obligations imposed herein shall take precedence over any college expenses and costs for any future or adopted children of Husband and/or Wife. 21. MEDICAL INSURANCE Husband will continue to provide medical insurance for the child as long as his obligation of support continues with a policy containing minimum provisions as would be covered by a standard Blue Cross/Blue Shield policy. Husband also agrees to become obligated for any uninsured or extraordinary medical expenses, including costs for orthodonture, if necessary, for the child which shall exceed One Hundred ($100.00) Dollars per year per child, but that, except in an emergency situation, the decision to incur extraordinary medical expenses shall be a joint one, and Husband agrees not to withhold his consent for any such expenses which would be reasonably necessary. The Wife agrees to provide the Husband with bills or statements for payment in a timely manner, and Husband shall be solely entitled to receive any Major Medical insurance refund thereon. 22. RETIREMENT FUND Neither Husband nor Wife have a retirement plan or fund. 23. L1FE INSURANCE Husband shall maintain all current life insurance policies naming Wife as beneficiary of fifty (50%) pement of any death benefits. Husband also agrees not to borrow against or assign said policies without prior written consent of Wife. Husband agrees to make payment of premiums on the policies on his life so as to continue said coverage as long as his child is owed a duty of support or has graduated from an institute of higher learning, whichever occurs last. A copy of this Agreement shall be given to Husband's employer with instructions regarding changes in the policy. If Husband changes employment and is offered new or additional life insurance, he shall name Wife as beneficiary of fifty (50%) percent of any death benefits. Husband also agrees not to borrow against or assign said policies without prior written consent of Wife. Husband agrees to make payment of premiums on the policies on his life so as to continue said coverage as long as his child is owed a duty of support or has graduated from an institute of higher learning, whichever occurs last. 24. DIVORCE Husband and Wife agree that Wife may file a Complaint in Divorce on seeking a divorce on the basis of mutual consent. Husband and Wile both agree that at the time of signing this Agreement both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Husband and Wife both agree that each party is to bear their own attorney fees, costs and expenses in connection with this divorce and drafting and negotiation of this Agreement. And, the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 25. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate ftmd with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance, except as set forth in paragraph 19 of this Agreement. It shall be from the date of this Agreement the sold responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. However, this waiver is dependent and conditional upon the promised benefits due Wife under this Agreement actually being received by her as stated herein. 26. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of anti to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 27. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement, and is obligated to pay such fees and costs regardless of settlement before htearing or trial through the date of compliance. No obligation created by this Agreement shall be, discharged or dischargeable, regardless of Federal of State law to the contrary, and each party waives any and all fight to assert that any obligation hereunder is discharged or dischargeable. 28. PROVISIONS The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this Agreement shall be determined by a Court of competent .jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divome Code. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. SS V '~ [ / V -- ~ RICHARD p. JA~0BYd COMMONWEALTH OF PENNSYLVANIA : ; ss COUNTY OF CUMBERLAND : On this, the ~r~~t day of October 2002, before me, a Notary Public, the undersigned officer, personally appeared, ERIN K. JACOBY and RICHARD p. JACOBY known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Property Settlement Agreement, and acknowledged that they executed the same for the purposes therein contained. IM' NOTARIAL SEAL KAREN KAY BUCKLEY, Notary PuMIo South Middletown Two. GumberMnd 0o. ¥ Comm~,~ion ExFNres J~e 23, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN K. JACOBY, : CIVIL ACTION - LAW Plaintiff : vs. : CASENO. 2002-06063 : RICHARD P. JACOBY, : Defendant : IN DIVORCE VERIFICATION OF SERVICE OF COMPLAINT IN DIVORCE I, Joseph D. Buckley, hereby verify that a tree and correct copy of the Complaint in this matter together with a Notice to Plead was duly served via First Class U.S. Mail, Certified Return Receipt No. 7002 0860 0001 5845 1922, (Restricted Delivery) on December 23, 2002, as evidenced by the attached Receipt for Certified Mailing and Return P.S. Form 3811 executed by Defendant. I hereby certify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~/ff~ 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Richard Po Ja¢oby 'g~' zJP+ 4Newville PA · Complete items 1, 2, and 3, Also complete ~ item 4 if Restricted Deliver,/is desired. . ~l[lll~ name and address on the reverse ~'~t~l~*can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A.~* ~ to: Richard P. Jacoby l:02 ~.~ly Road NewviI~, PA 17241 1 2. Article Number ~ (Transfer from service la,hi {~PS Form 3811, August 2001 7002 0860 0n01 5845 1922 Domestic Return Receipt 102595-02-M-0835 IN THE COURT OF COMMON PLEAS oF CUMBERLAND COUNTY, PENNSYLVANIA ERIN K. JACOBY, : CIVIL ACTION - LAW Plaintiff : vs. : CASENO. 2002-06063 : RICHARD P. JACOBY, : Defendant : 1N DIVORCE PLAINTIFF'S AND DEFENDANT'S AFFIDAVIT OF CONSENT. WAIVER OF TWENTY (20} DAY NOTICE OF INTENTION TO FILE. AND DEFENDANT'S ACKNOWLEDGEMENT OF SERVICE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed in the above-captioned action on the 20th day of December, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety days have elapsed from the date of filing the Complaint. 3. The parties consent to the entry of a final decree of divorce by the Court of Common Pleas of Cumberland County, Pennsylvania. 4. The parties understand that they may lose their rights concerning alimony, division of property, lawyer's fees or expenses if they do not claim them before a divorce is granted. The parties have entered into a property settlement and custody agreement which they will have incorporated into their final decree of divorce. 5. The parties have been advised of the availability of marriage counseling and understand that they may request that the Court require them to participate in counseling. 6. The parties understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to them upon request. 7. Being so advised, the parties do not request that they participate in counseling prior to a divorce decree being handed down by the Court. 8. Defendant hereby acknowledges that he was serviced with tree and correct copies of the Complaint, Notice to Defend and Claim Rights mad Notice of Availability of Counseling on December 23, 2002, by means of U.S. First Class Mail, Certified/Return Receipt No. 7002 0860 0001 5845 1922. 9. Plaintiff and Defendant hereby waive the required twenty (20) day notice requirement Notice of Intent to File A Praecipe to Transmit the Record and request that the record be immediately transmitted to the Court for entry of a final decree of divome. BOTH OF US VERIFY that the statements made in this Affidavit are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we knowingly make false statements, we may be subject to criminal penalties. ~d-n K. Jacol~laintiffl Richard P. Jacol~y, I)~fendant Date: Date: Swom to and subscribed before me this ~!~dayOf ~,t,/~..._. ,2003 My Commission Expires: NOTARIAL SEAL KAREN KAY BUCKLEY, Nota~ South Middletown Twp. My Commi~,sion Expires Ju~s 23, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIN K. JACOBY, : CIVIL ACTION - LAW Plaintiff : vs. : CASE NO. 12002-06063 : RICHARD P. JACOBY, : Defendant : IN DWORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORO Please 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 201(c)/3301(c) of the Divorce Code. 2. Complaint served on Defendant via First Class U.S. Mail Certified Return Receipt on December 23, 2002, (see attached Verification of Service). 3. Date of Defendant's execution of Acceptance of Service and Affidavit of Consent: May 29, 2003. 4. Date of Plaintiff's execution of Affidavit of Consent: May 29, 2003. 5. Related claims pending: None. Please have the attached property settlement agreement incorporated into the final decree of divorce. Thank you. ~ ~~/~/ ~ Date:~rA x---'~A'l{ ney for the Pla~nti Sug :me Court ID #\3~ ,44 1237 Holly Pike u, Carlisle, PA 17013 (717) 249-2448 IN THE COURT OF COMMON PLEAS ERIN K. JACOB¥, Plaintiff OF CUMBERLAND COUNTY STATE OF .~. PENNA. VERSUS RT~A~D P. JACOBY: Defendant N O. 06063 c I'¥!L 2QQ2 DECREE IN DIVORCE AND NOW, DECREED THAT AND ERIN K. JACOBY RICHARD P. JACOBY , /--~ . it iS OrDEReD AND , PiAI NTI FF, __, 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 attached copy of the partier Property Settlement Agreement dated October 23, 2002, is made a part hereof and incorporated by reference. ¢ - ~ ~PROTHONOTARY