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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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JODY ~. THEOBOLD,
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Plaintiff
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KENNETH P. THEOBOLD,
Defendant
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DECREE IN
DIVORCE
ANDNOW..........-:71?~...:?/~..., 19.99..., it is ordered and
decreed thot .. .~C?~.Y .L, TH~OBO.LD.......................,..., plaintiff,
and. . . . . . . . . . . ~EN.~~T~. .~ ~ . :rHEOB?L.~ . . . . . . . . . . . . . . . . . . . , . , " 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;
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JODY L. THBOBOLD,
Plaintiff
KBNNBTH P. THBOBOLD,
Defendant
NO. 97-5608
IN DIVORCE
CIVIL 1997
DECREE AND ORDER
SUPPLEMENTAL TO DIVORCE DECREE
AND NOW, this 7/" day of
""11~ 01
, 1999, the divorce
from the bonds of matrimony in the above case having been
approved, it is ordered, adjudged and decreed that the terms,
provisions and conditions of a certain marital settlement
Agreement between the parties dated June 12, 1998, and attached
to this Decree and Order are hereby incorporated into this Decree
and Order by reference as fully as though the same were set forth
herein at length. Said Agreement shall not merge with but shall
survive this Decree and Order.
BY THE COURT,
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AOREEMENT made
this 17"
Ofr
, 1998, by
day
and between JODY L. THEOBOLD ("Wife") and KENNETH P.
THEOBOLD("Husband")
W-I-T-N-E-S-S-T-H
WHEREAS, the parties hereto are Wife and Husband, having
been married on April 24, 1982 in Cumberland County,
Pennsylvania. There were two children born of this marriage,
said children being NATHAN E. THEOBOLD, born June 17, 1984, and
BRENT K. THEOBOLD, born November 1, 1988.
WHEREAS, diverse unhappy differences, disputes and
difficulties have arisen between the parties and the parties have
decided that their marriage is irretrievably broken, 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 rights and obligations as between each other,
including without limitation' the ownership and equitable
distribution of marital property; the past, present and future
support, alimony, alimony pendente lite and maintenance of Wife
by Husband or of Husband by Wife; and in general, any and all
claims and possible ~laims by one against the other or
ag<lin:.t tl1pir rp_c;p~r.ti'J'-' 1-'st,lt...~S,
.
NOW THEREFORE, in consideration of the 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 hereto, Husband and
Wife, intending to be legally b01lnd hereby, covenant and agree as
follows'
l. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to bar the rights of
Husband or Wife to a divorce or to such defense as may be
available to either party, This Agreement is not intended to
condone and shall not be deemed 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 intend to seGure a
no-fault divorce pursuant to the provisions of Section 3301(c) of
the Pennsylvania Divorce Code of 19BO, as amended; in support of
said intention they mutually confirm that they have lived
separate and apart from each other continuously since on or
before October 1B, 1997, and that Complaint in Divorce was filed
in Cumberland Court, Pennsylvania, on October 10, 1997, which is
docketed to No, 560B CIVIL 1997.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically
providerl hf'rpin, this l\'Jrr.em..nt O'},.l11 ('ont ill1l" in full force and
t:.ff€'ct aftl-"r sllf'h till'/>": a_"..: ,1 final d.~r:t.,.... in divorce may be
~
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entered with respect to the parties,
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE
Upon either of the parties' recoverin~ a final judgment or
decree of absolute divorce a~ainst the other in a court of
competent jurisdiction, the provisions of this Agreement shall be
incorporated by reference or in substance but shall not be deemed
merged into such judgment or decree, This Agreement shall
survive any such final judgment or decree of absolute divorce,
shall be entirely indevendent thereof, and the parties intend
that all obligations contained herein shall retain their
contractual nature in any enforcement proceedings in any
jurisdiction, whether enforcement is sou~ht in an action on the
contract itself or in any enforcement action filed to the divorce
caption.
4. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have
been fully explained to the purties by their respective counsel,
William s. Daniels, EBquire, for Wife and Michael A. Scherer,
Esquire, for Husband. The parties acknowledge that each has
received independent le~al advice from counsel of their selection
and that they have been fully informed as to their legal rights
and obligations, including all ri~hts availahle to them under thO'
Pennsylvania Divorce Code of 1980, as amended, and other
applicable law~, Each party confirms that she or he fully
understands the terms, conditions and provisions of this
Agreement and believes them to be fair, just, adequate and
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reasonable under the existing cirrum9tances. The parties further
confirm that each is entering into this Agreement freely and
volllnt.ari ly and that th.. execution of this Agreement is not the
result of any duress, undue influence, collusion or i~proper or
illegal agreement or agreements.
5. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live
separate and apart, They shall be free from any contract,
res~raint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried, Each
may, for his or her separate use or benefit, conduct, carryon
and engage in any businvss, occupation, profession or employment
which to him or her may seem advisable. Husband and Wife shall
not molest, harass, disturb or malign each other or the
respective families of each other,
6. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
1I. Each party hereby absolutely and unconditionally
releases and forever discharges the other and the estate of the
other for all purposes from any and all rights and obligations
which either may have or at any time hereafter have for past,
present or future support or maintenance, alimony pendente lite,
alimony, equitable distriLution, counsel fees, costs, expenses
and any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwise, including
all ri'Jhts and b,-'nefU" llnd..r the Pennsylvania Divorce Code of
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1980, its ~upplements and amendments, as well as under any other
law of any other jurisdiction, except and only except all rights,
a~reements and obligations of whatsoever nature arising or which
may arise un~er this Agreement or for the breach of any provision
thereof. Neither party shall have any obligation to the other
not expressly set forth herein.
R, Each party hereby absolutely and unconditionally
releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate from any
and all rights, claims, demands or obligations arising out of or
by virtue of the m~rital relationship of the parties or
otherwise, whether now existing or hereafter arising, The above
release shall be effe~tive regardless of whether such claims
arlse out of any former or future acts, contracts, engagements or
liabilities of the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, Commonwealth or territory of
the United states, or any other country, It is expressly
understood, however, that neither the provisions of this release
nor the subsequent entry of a divorce decree are intended to
defeat the right of either party to re~eive any insurance
proceeds at the death (,f the nther of which she or he is the
5
named beneficiary (whether the beneficiary designation was madp
priOlo or subsequent to execution hereof), nor to defeat the right
of either party to re~eive any legacy, be'luest or residuary
portion of the other's estate under his or her will, or to act as
personal representative or executor if so named by the will of
the other, whether such will was executed prior or subsequent to
this Agreement.
C. Except for any cause of action for divorce which
either party may have or claim to have, and except for the
obligations of the parties contained in this Agreement and such
rights as are expressly reserved herein, each party gives to the
other by the executi on of this Agreement an absol ute and
unconditional release and discharge from all causes of action,
claims, rights or demands whatsoever, in law or in equity, which
either party ever had or now has against the other.
7. FINANCIAL DISCLOSURE
A, The parties have disclosed to each other and they
are each aware of the extent of each other's income, assets,
liabilities, holdings and estate,
B. Each of the parties has been independently advised
of and is fully cognizant of her or his respective rights to a
full and fair disclosure of the financial status of the other
prior to the execution of this Agreement. Wife and Husband
represent and warrant that they have disclosed to each other in
full their respective assets, liabilities and income; that they
are each aware of the extent of each other's financial situation;
fi
and that this Agreement was negotiated and entered into on the
basis of the financial status so represented. The parties both
~nnfirm that each of them is knowingly and intelligently waiving
her or his respective rights to any further enumeration or
statement thereof; and that in executing this Agreement, each
forever waives any future right to set aside the said Agreement,
or to defend against its enforcement or any portion thereof based
upon the other's financial status, or based upon any claim that
it is inequitable, unconscionable or does not make a reasonable
provision for one or the other of them.
8. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall
be valid unless in writing and signed by both parties,
9, LAW AND JURISDICTION APPLICABLE
This Agreement nhall be construed in accordance with the
laws of the Commonwealth of Pennsylvania.
10. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be
binding and shall inure to the benefit of the partieR hereto and
their respective heirs, executors, administrators, successors and
assigns.
11. INTEGRATION
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
7
12. OTHER DOCUMENTATION
Husband and Wife covenant and agree that they will forthwith
and within at most ten (10) days after demand therefor execute
any and all writtpn in!ltruments, a!lsignments, relea"es,
satisfactions, deeds, notes or such other writings as may be
neceS!lary or desirable for the proper implementation of this
Agreement,
13, NO WATVER OF DEFAULT
This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall
neither affect in any way the right of such party hereafter to
enforce the same, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of any subsequent
default of the same or similar nature, nor shall the waiver of
any breach of any provision hE'rpof be construed as iI waivE'r of
strict performance of any other obligations herein,
14. SEVERAHTLITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in
this Agreement shall be deempd to be a separate and independent
covenant and agreement. If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, thpn only that term,
connit,ion, cliltlsp ot' prl)vision shall be stricken from thJ.s
R
party.
17, CUSTODY COURT ORDER
Provisiolls for custody of parUes' minor sons, NATHAN E.
THEOBOLD and BRENT M. THEOBOLD are set for in Stipulated Order
for cust.ody, No. Q7-'3aOA in the Court of Common pleas of
cumberland County, Pennsylvania, dated June 9, 1997, and subject
to modification by changed circumstances as may be approved by
the Court.
18. COURT ORDER FOR SUPPORT
Parties shall make payments of child support for minor sons,
NATHAN E. THEOBaLD and RRENT M. THEOROLD pnrsuant to this
Agreement and in accordanc~ with Order of Court as modified from
time to time through the Domestic Relations Section of the Court
of Common pleas of cumbetland County, pennsylvania, for due
cause.
19. TANGIBI.E PERSONAL PROPERTY
Wife and Hushanrl 'i\utu,1! Iy agree that they have effected a
satisfactory division of their furniture, household furnishings,
appliances, dnd other household and personal property between
them, with the exception of certain wall coverings in the marital
home and other items as previously listed for return to wife,
which shall go to wife following the execution of this Agreement;
they mutually agree that each party shall, from and after the
date hereof. he the sole and separate owner of all such tangible
personal property presently in his or her possession, whether
said f,rnperty was her,'tofnro> owned jointly or individually by the
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var~i~5 here~n; and this Agreement shall have the effect of an
assignment or receipt from each party to the other for such
vroperty as may be in the individual possession of each of the
par~ies hereto, with the effective date of said bill of sale
being the da~e of this Agreement.
20. MOTOR VEHICLES
with respect to the motor vehicle owned by both parties,
they agree:
A. The 1978 Mercury Cougar titled in Husband's name
shall become the sole and exclusive property of Wife.
B. The 1995 Jeep titled in joint names, and any and
all other motor vehicles shall become the sole and exclusive
property of Husband, subject to liens and encumbrances, if any,
and automobile insurance thereon for which Hllsband hereby assumes
full responsibility.
C, The parties agree to execute all documents
necessary to implement the provisions of this Paragraph, and to
deliver said documents to the party entitled to receive same
pursuant hereto upon satisfaction of the corresponding conditions
for transfer.
D. It is intended that those vehicles, if any, having
documents of title in the hands of the holder of a lien or
encumbrance thereon shall be conveyed upon the removal of any
such lien or encumbrance. Husband agrees that he shall
Goordinatf:-' with s~]ch 1 ipnholc1er, and execute slich docum~nts as
ITldY be requi red to remov~ said 1 ien or pnrUmbt'3nce
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contem~oran.nus with the trRnsf~r of title thereon.
F. It is anticipated that these provisions shall be
complied with concurrent with settlement on transfer of title to
marital residence,
.;
11. OTHER PROPERTY DISTRIBUTION PROVISIONS
~. W~IVER OF RETIREMENT BENEFITS, Wife and Husband
hereby specifically release and waive any Rnd all interest, claim
or right that she or he may have to any and all retirement
hent'fits (including pension and I'rofit sharilIg benefits) or other
similar benefits of the other party. The ~arties further
acknowledge and agree that they shall execute any and all
documents to effect the foregoing division of pro~.rty coincident
with this Agreement, and pursuant to the RetlremHnt Equity Act or
any similar act that may be required from time to time to
accomplish the ~urposes of this Paragraph.
B, REAL ESTATE. Wife agrees that Husband may ~urchase
her Interest in the marital residence known as and numbered 4121
Enola Road, Newville, Cumberland County, Pennsylvania 17241, for
the sum of Sixteen Thousand and No/lOO ($16,000.00) Dollars,
provided that said lump sum cash payment in full is disbursed to
Wife on or before June 26, 1998, Wife agrees under the ahove
conditions to execute a deed transferring said real estate, now
owned by Husband and Wife as joint tenants by the entirety, to
Hllsband's name alonl? 'It the sl?ttlement ~efinancing premises for a
p< inc.;!,,,l c;um lIe("~"sary tn acrompl i sh tJle payoff of all joint
loans (M"mbp\-s pi rs'. How"" F'1'Jity loan) and to .'l'itisfy underlying
l~
mod(1~<]..~ (PJ-,,,t Mort'Ji\<]e ~"mpi\ny) whir'!. ar.. in the n~meZ of bot.!.
parties, and to enable Husband's paying all transaction costs
(cd I closin'.l CIlOitS). ilnd tl,,, il<Jr,,,..d buy-out fi<Jure to wi f,. Ul.>OI1
r!i sll\lt.:;;~ment.
should the fore<Join<J d..."cribed reflnancin'J for prescribed
huy-nut of Wif,.'s inten.st not take place by the desi<Jnated
d..adlin.., the said residence shall be relisted without further
d..lay for imm..diate sal,. and kept on the oren market through a
A..lected real estate agency until acce~tahle contract for
conveyance at best reasonabl.. consideration (Contract sales price
of $Q2,OOO or more) becomps available, Husband shall maintain
mortga<Je loan paym..nts, property tax payments and hazard
insllrance, as well as necessary repairs and maintenance at his
sol.. @Kp@nse in return for his eKclusive possession of residence
pending conveyance. wife and Husband at all tim..s shall
coop..rat.. fully to facilitate earliest sal.. at best reasonable
price to third party buyer. Proceeds from sale shall he divided
equally between parties eKcept for the home equity loan payoff,
Upon such transfer of r..al ..state to third party buyer, Husband
shall bear sole, exclusive and full responsibility for the
partie~ home ..quity loan payoff, which individual liability is in
e.chan~e for Wife's transfer of her int..rest in the Jeep to
HUBhand.
C. INTANGIBLE PERSONAL PROPERTY, Wife and Husband
~0 hprpby acknnwl..dge that th..y hav.. also previously divided or
,1i.'~:Jll-~F-fl nf ,"111 of rh"ir ot 1:.t':" t- intanl]ib1p p+:>rsonal {lropf?rties to
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th,'Lr mutu"l "ati"f"rHon <It v<llIIP" thpn vrpvailing and suitably
dptermined, including bank arcount" and crpdit accounts.
'11. TAX CONSF.QlJF.NCF.!'I (ProI'edy Transff'ts)
rt is the und"r~tandin~ of thM rartiH9 that thp [pal
property transfers described In this l\glMMmenl ar.. within the
provlsion9 of Spction 1041 of th.. Intprnal Revenup ~ode and will
IlI)t result in the recognit illn .of any gain or loss upon the
transfer. It is understood by the varties that the transfer of
I'rorerty subject to Section 1041 of thE' Internal Revenue Code
will r..quire that the transfE'rep tak.. the prorerty with the tax
hasis equal to th.. tax basis that th.. rroperty had in the hands
of thp transferor.
'11. !'IEPARATF. ASSETS
A. Release: The paltips I,ereby agrep that as to each
of their separate aS9E'ts, as that term is defined herein, the
party not having title to or po"sp""lon of any particular
separate asset hereby waivps, releases, relinquishes and forever
ahandons any and all claim therein, and acknowledges that
hereafter the party having title 10 or vossession of a sevarate
~sspt is the sole and exclusive owner th~reof.
B, Definition: The term "sevarate asset" is defined
for pllrI'oses of this Agreement as designating any asspt of any
kind (whpther real, versonal or mixed, tangiblp or intangible)
whlrh is prpspntly titled pith"r in thp sol.. name of a party
hprp.o 01 joinlly wilh onp of th.. parties hereto and a third
p.lrty or partips. Thp f:t?tJT1 al'-;o irll'lll(l~," ;tny llnt:itlf?(l as!H~t
14
which is presently 1n the Role possession of one of the parties
hereto, The term shall further include any business int"rests
owned hy elth"r party, wheth"r indivi(lllal1y or to~ether with a
third party or parties,
C, Indpmnification as to Expenses: E'Ich of the
parties h"reby guarantees to indemnify and hold the other
harmless from any liability, cost or ~xpens", including
attorneys' fees and interest, which either may have in the future
or has been previously incurred with respect to the parties'
separate assets as defined herein.
24. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
property, he thEY real, personal or mixed, tangible or
intangible, which are acquired by him or her after execution of
this Agreement, with full power 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,
25. EXISTING AND FUTURE PERSONAl, OBI. IGATIONS
The parties hereby agree that all existing personal
liabilities, debts and obligations of every description which
have been incurred by either of them shall be paid in a timely
fashion by the parly who is assigned responsibility for the said
liability in accord'lnce with the provisions of preceding
paragraph" h"!",,of. Husband and wi fe e'lch her"by inllemni fy the
'." h"r and glli\rante" to hol,l ",,,('h ,,t b,"r Ii:.rml,'."", for any ',nd ill I
1!',
shall cooperate fully in the timely and equitable satisfaction of
this provision,
27, ATTORNEY'S FEED FOR ENFORCEMENT
In the event that either party breaches any provision of
this Agreement and the other party retains counsel to assist in
enforcing the terms thereof. the parties hereby agree that the
breaching party will pay all attorneys' fees incurred by the
other party in enforcing the Agreement, provided that the
enforcing party is successful in establishing that a breach has
occurred.
28. CLOSING
Each of the parties has carefully read and fully considered
this Agreement and all of the statements, terms, conditions, and
provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby,
the parties hereto have set their hands and seals the day and
year first written above,
( 1 JJR..12..C::\:)G Cd .
L. THEOBOLD
(SEAL)
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17
~0MMONWEALTH OF PENNSVLVANIA
nS.
COUNTY OF CUMBERLAND
On this, the /27'/-Io1ay of rTVN(:." , 199A, bf>fore m€>, the
un~ersignf>d officer, p€>rsonally appear~d JOOV L, THEOBOLD, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement, and acknowledged that she
eXf'('ut.ed same for the purposes th€>rr>in contained,
IN WITNESS WHEREOF, I
h,n'H1n,to >let my h~nd o~ficial
?d~/N?'7,-.a_(SEAr,)
Notary Public
sec:\ 1,
NOTARIAL SEAL.
WILLIAM 8. DANIELS. Notary Publkl
COIiI,,, 8on>. Cumberlllnd County
M rea Oct. 1 9 2llOO
COMMONWEALTH OF PENNSVLVANIA
SS.
~OUNTV OF CUMBERLAND
On this, the /1 day of ~ ,1998, before me,
the undersigned officpr, pprsonall appeared KENNETH p, THEOBOLD,
known to me (or satisfactorily pro en) to be the person who~e
name is subscribed to the within Agreement, and acknowledged that
he executed same for the purposes ther€>in contained.
IN WITNESS WHEREOF,
seal.
set my hand and official
(SEAL)
JonnU.r S ~~larlal SO.'
M Carllslo Bora am.~. No/aty Public
y Commissiori E~p~, ur'Nand County
.. os Ov 29. 1009
member Pen I .
, nsy vania A~$OCJilflnn 01 Norarles
IR
JODY 1.. TIIEOBOLD.
Plaintiff
: IN THE COURT 010' COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
n,
KENNETII P. THEOBOLD.
Dertudant
: No. 97-5608 CIVIL TERM OF 1997
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to Ihe Coun for
entry of a divorce decree:
L Ground for divorce: Irretrievable breakdown under Seclion 3301(c) of the
Divorce code.
2. Date and manner of service of the complaint: Service by Certified Mail under
Rule 403 and I 930.4(c), on October 10,1997.
3. Date of execution of the Allidavit of Consent required by ~ 3301(c) of the
Divorce Code:
By PlaintilT: 3123/99; By Defendant: 7/8/98.
4. (a) No related claims are pending; but,
(b) A true end correct copy oflhe fully executed Marital Settlement
Agreement is submitted to be incorporated in the Divorce decree by
Supplemental Decree and Order enclosed.
s. (a) Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary: 3124/99; and
Date:
(b) "'" D,f,od"f. W,;,~ of "";,, ;, , llO 1 (0) o;~'" - U
the Prothonotary: 7/13/98.
9-;l~-97 Ct/~'1 /;7 ?:.L
William S. Daniels
Attorney for PlaintilT
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 1997 -5G>01j' ~..::i2~
IN DIVORCE
JODY L. THEOBOLD,
Plaintiff
KENNETH P. THEOBOLD,
Defendant
tjOTICE TO DEFENJt"l1!HL~Ll\JM _RH1!i.TIt
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 Prothonotary, First Floor, Cumberland County
Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED,YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator,
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania
717-240-6200
8. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an Affidavit
consenting to a divorce. Plaintiff believes that Defendant may
also file such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a
divorce after ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff respectfully requests the
Court to enter a decree of divorce pursuant to S 3301(c) of the
Divorce Code.
I 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. S4904, relating to unsworn
falsification to authorities.
Date: /,,-,., -~ :r
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dy . Theobold,
aintiff . ~
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William S. Daniels, Esquire
Attorney for Plaintiff
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JODY L. THEOBOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-5608 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
v,
KENNETH p, THEOBOLD,
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1, A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on October 10,1997,
2, Defendant acknowledges receipt and accepts service of the Complaint on
October 11, 1997.
3, The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of tha Complaint.
4, I consent to the entry of a final decree in divorce without notice.
5, I understand that I may lose rights concerning alimony, division of
property, lawyer's faes or expenses if I do not claim them before a divorce is granted.
6. 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,
7, I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling, I do not request that
the court require counseling,
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.
Date:
';/8 Jc;8
-bCII(\~ (J<)w-gfQ
KENNETH p, THEOBOLD
. ,
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JODY L. THEOBOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KENNETH P. THEOBOLD,
Defendant
No. 97-5608 CIVIL TERM OF 1997
IN DIVORCE
a!!,FI DAY_I T,~LCON~~llT
1. A Complaint in Divorce under S3301(c) of the Divorce
Code was filed on October 10, 1997.
2. The marriage
irretrievably broken.
of the Complaint.
of the Plaintiff and Defendant is
Ninety days have elapsed since the filing
3. I consent to the entry of a final decree of divorce.
4. I underst~nd 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.
5. 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. S 4904 relating to
unsworn falsification to authorities.
-A~
DY . THEOBOLD
aintiff
Date: ~'~o'9,_
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JODV Ih TIIEOBOLD,
PlalntilT
: IN TilE COURT 01" COMMON PLEAS
: CUMBERLAND COUNTY, Pf:NNSVLVANIA
: CIVIL ACTION - LAW
VS.
KENNETII P. TIIEOBOLD,
Defendant
: No. 97-5608 CIVIL TERM OF 1997
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER g 3301(c) 01" TilE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights concerning alimony. division of property, lawyer's
fees or expenses if 1 do not claim them betore a divorce is granted,
], 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 sp.ntto me immediately after it is filed with the
prothonotary,
I verify that the statements made in this allidavit are true and correct. 1 understand
that false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904
relating to unsworn falsification to authorities,
Date: 3-'d-?J ''91-
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OBOLD. Plaintiff
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JODY L, THEOBOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v,
CIVIL ACTION - LAW
5"~A3
97-S661t CIVIL TERM ./
IN DIVORCE
KENNETH p, THEOBOLD.
Defendant
ORDER OF COliRT
AND NOW. this :,-. day ofNQPe~997, upon consideration of the within
Stipulation and Agreement, exclusive possession of the marital residence, located at 4121 Enola
Road. Newville, Cumberland County, Pennsylvania is hereby awarded to the defendant. Kenneth
p, Theobold. and wife is hereby excluded therefrom, The parties shall keep the marital residence
listed for sale with a licensed realtor and all reasonable efforts shall be made by the parties to sell
the marital residence,
By the Court.
1.
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II
KENNETH p, THEOBOLD
i Plaintitl'
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
97- 5618 CIVIL TERM
JODY L, THEOBaLD
Defendant
PROTECTION FROM ABUSE
JODY L, THEOBaLD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
KENNETH P. THEOBOLD,
Defendant
97-5608 CIVIL TERM
IN DIVORCE
STIPULATION AND AGREEMENT
THE PARTIES to this matter are Jody L. Theobold, who is the Defendant in the above-
captioned Protection from Abuse action and the Plaintiff in the above-captioned Divorce action
(hereinafter referred to as "wife"); and, Kenneth p, Theobold. who is the Plaintiff in the above-
captioned Protection from Abuse action and the Defendant in the Divorce action (hereinafter
referred to as "husband"),
WHEREAS, the parties are husband and wife. having been married on April 24, 1982 in
Cumberland County, Pennsylvania; and.
WHEREAS, the parties have two minor children, Nathan E, Theobold. born June 17,
1984 and Brent M, Theobold, born November I. 1988; and,
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WHEREAS, wife is repr'lsented by William S, Daniels. Esquire and husband is
represented by Michael A, Scherer. Esquire; and.
WHEREAS. the parties. through counsel. have filed the above-captioned Protection from
Abuse and Divorce actions; and,
WHEREAS. the parties. through counsel. have reached a resolution of some of the
mailers pertaining to the above-captioned actions,
NOW. THEREFORE, the parties intending to be legally bound hereby, do make and enter
the following agreement, which shall be reflected by the appropriate Orders of Court,
I. Wife shall award husband exclusive possession of the marital residence located at
412] Enola Road. Newville. Cumberland County. Pennsylvania. pending sale of same, The
marital residence is presently listed for sale with a licensed realtor and it shall be continued to be
listed until a buyer is found who is willing to make an olTer acceptable to the parties,
2, The Order of Court dated June 9, 1997. docketed to No, 97-3008. relative to the
custody of the minor children. shall remain in filII force and elTect and the parties shall abide by
the tenns of that custody Order.
3, Husband shall discontinue the above-captioned Protection from Abuse action,
4, Both parties understand and agree that they shall mutually avoid and refrain from
any and all unessential contact or exposure, one to the other. so as to eliminate the possibility of
either party's provocation or reaction which could cause acts or events contrary to good on:er,
discipline and civility whether impacting on them individually. their minor children or society at
large,
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S, The within arrangement is respectfully requested by both parties in order to foster
the independent conduct of their respective lives in the best interests of all concerned, pending
dissolution of marriage,
~1I.a.
Michael A, Scherer, Esquire
41~~VillYiLk-j
Kenneth p, Theobold
&/~?'l/{)~1~
William S, Daniels. Esquire
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UJt;dy L. Theobald
DATE: II~)..} -? l-
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
JODY L. THEOBOLD,
Plaintiff
KENNETH P. THEOBOLD,
Defendant
NO. 97-5608 CIVIL 1997
IN DIVORCE
NOTICE TO RESUME PRIOR NAME
Notice is hereby given that, a final decree in divorce
having been granted on the 31st day of March 1999, Plaintiff
hereby elects to resume her prior name of JODY L. HOOVER
and gives this written notice of her intention in accordance with
the provisions of 54 Pa. C.S.A. S 704.
d
THEOBOLD
to be known as
~ 1, .~
Fo, er Name, JODY L. HOOVER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
as:
On the 26th day of May, 1999, before me, a Notary Public,
personally appeared JODY L. THEOBOLD, known to me to be the
person whose name is subscribed to the within document and
acknowledged that she executed the foregoing for the purpose
therein contained.
IN WITNESS WHEREOF, I have
seal.
and official
_ t~_t; L
lic
NOTARIAL SEAL
VIRGINIA H, DANIELS, Notary Public
Cnr1ishJ Bora, Cumberland County
M CommissIon Ex IreIOct. 19.2000