Loading...
HomeMy WebLinkAbout00-05586 .' I ,i' ,,,,,,,~ . '<. . . . . '" '" "'''' "''''''' . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . JAMES F. HERB. . . No. OO-<;<;Rh Plaintiff . VERSUS . SUSAN K. HERB, Dofonaall.t . . DECREE IN DIVORCE . . ~ ,,'"'\ , 2003 ,IT IS ORDERED AND AND NOW, . DECREED THAT JAMES F. HERB , PLAINTIFF, . AND SUSAN K. HERIl , 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 terms and provisions of the Marital Settlement Agreement si9n~a by both parties OR Aysyst 29. 2QQ3, ~re hereby incorporated but not merged in the Decree in Divorce and remain binding upon the parties. . . . . . . . . . /~ /' By THE CmJF;'T: ,/ . . . . . . . . . . , ~'."" ," --,> - T. -r,~" '. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. · . . 1-.:_.......0:.., ~>"." _~_-. - '~-" ~",",~!., -~- ':''''''~ ""-----, ,~,- ~, ~, :<~~~jW'>~-"'d:aIi.~' It) /1/-a3 It) '/t!.t!?] ~';" .'-- -- ~-- ^ ~^'- ,-~~ - ~ .- ^" .-.,;.," ~. - "''''- M~~/~4~ ~~ ~$df~ " MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this Clft4 day of I{vp.sr 2003, by and between SUSAN K. HERB (hereinafter referred to as "WIFE") and JAMES F. HERB (hereinafter referred to as "HUSBAND"). WITNESSETH WHEREAS, the parties were married on September 15, 1967 at Oatis Air Force Base, Massachusetts; WHEREAS, there are no minor children of the parties; WHEREAS, a Complaint for divorce was filed in the Cumberland County Court of Common Pleas on August 14,2000 and docketed to 00-5586 Civil; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife 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 premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, I ;;;)lj(IlW~_~~~ " , , ~ ~~ "- ~ ~ ~-~ ~~~""'- receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each p~ shall be free from interference, authority, and contact by the other, as fuIly as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither p~ shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available --~ to either p~. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either p~ hereto of any act or acts on the part of the other p~ which have occasioned the disputes or unl1appy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County on August 14, 2000 claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. WIFE hereby expresses her agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for HUSBAND. The parties hereby waive all rights to request court ordered counseling 2 -'W1 ..^-- .,. , _,Jl,' under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each p~ as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the p~ last executing this Agreement. S. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" _~ate which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a 3 ',,"~ '''''''T "-- ~ ~ ~u"" 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 country or any rights which either p~ may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley , Lenox, Colgan & Marzzacco, P.c. for HUSBAND and Richard S. Friedman, Esquire of Friedman & King, P.C. for WIFE. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, 4 ,"1,_'''''''Jm . ~-- '1' ~ - - estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each p~ represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other p~ may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other p~ harmless for and against any and all 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. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each p~ shall indemnify and hold harmless the other p~ for and against any and all debts, charges and liabilities incurred by the other after the execution date of 5 '.~~", ~-~ ,- , , M~ ~ this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTY AND DEBTS: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither p~ will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. The specific debts at the time of separation were the Navy Federal Credit Union signature loan and the Nissan Motor Acceptance Corporation loan. 11. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, each p~ shall retain as his or her sole and separate property the vehicle now in his or her possession. The parties shall execute the titles necessary to transfer ownership of the vehicles upon request by the other p~. Each p~ retaining a vehicle agrees to indemnifY and hold the other harmless from any and all claims resulting from use, operation, or financing of the vehicle. 12. PENSIONS. ANNUITIES ANDIOR RETIREMENT BENEFITS: HUSBAND has military retirement benefits as a result of his service in the military and potential retirement 6 '-""'-- I ~-~~. ," ,~,,~ .. ~.....~ .~~ ,'~ k!.1"'l'~ benefits from his present employment. WIFE has a 401 (k), a Thrift Savings Plan and a retirement plan from the U.S. Government. Both parties hereby expressly waive, discharge and release any and all right, title and interest for any claim which he or she may have with respect to the retirement benefits of the other. 13. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 14. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other 7 "'~ ~'1 =~ .,:e .' " documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of said Act. 16. ALIMONY: HUSBAND shall pay WIFE the sum of $250.00 per month as permanent alimony, which sum shall not be modifiable except upon the death of either p~, in which case said payments shall cease. This sum shall not be terminate upon the marriage or cohabitation of WIFE. Payment pursuant to this paragraph shall be made on or before the first day of the month for which payment is due, and shall be deemed late if made after the fifth day of any such month. Payments pursuant to this paragraph shall begin on January I, 2004. 17. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 18. BREACH: If either p~ breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the p~ breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. WAIVER OF CLAIMS: Except as herein otherwise provided, each p~ may dispose of his or her property in any way, and each p~ hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's 8 T__ . " ~,...." Iff ~ allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instrunlents which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 22. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instrunlents that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24. INDEPENDENT SEP ARA TE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 25. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the 9 : ".". "1~1lI"l[, ~- , completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither p~ has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either p~ to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other p~ in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other p~ or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either p~, at any time hereafter, discovers such an undisclosed asset, the p~ shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing p~ shall be responsible for payment of counsel fees, costs or expenses incurred by the other p~ in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 26. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only ifmade in writing and executed with the same formality as this Agreement. The failure of either p~ to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 27. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 10 ->,~- ~""'"' . ' 28. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Agreement. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: wf)ju/~ /J. 7k}IuV~1 ltness AMES F. HE ~,/U.AA..A\.R... ~ fA Witness II '!"!.,"F4 ~. ~ ~_ ~"'r . .. " "' - ~~~ , ~~ :?: ;:gf-~i t:/~, -(. . r- ~ ~~-~ ~r ~. ~ , C;.:i (,.... .-.. c.~ ~-~~ --' -2 () ...on ,-, ~, ,--"! ~:,~~ ~i~ ~;~2 (=-) ;-~[n :::-i '\C'- :v -< --i.> G3 :..n _.J !llIiI@,,,,,,~-_~@Il~~~~~~~~~~~;;'V:\~~~"J1I'~~""," i"""U::''t'~~I'r;~,.*,\-~WM)i.f!~''''~r~i'''-,~f=,I'~;~~~,,'f!\''''0'tl,f.~(ljI_, __,}"",~ i t - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA JAMES F. HERB, * CNIL ACTION - - DNORCE Plaintiff * * vs. * No. 00-5586 * * SUSAN K. HERB, * Defendant * PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Grounds for Divorce: Irretrievable breakdown under Section 330l(c). 2. Date and manner of service of the Complaint: By U.S. Mail. certified mail. return receipt requested. restricted delivery. on August 17. 2000. An Acceptance of Service signed by the Defendant was filed with the Court on Au~ust 23. 2000. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: September 29. 2003; By Defendant: October 8. 2003. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: 4. Related claims pending: All related claims were resolved by a Marital Settlement Agreement dated August 29. 2003. Said Marital Settlement Agreement is bein~ filed with the Court simultaneously with this Praecipe. 5. Complete either (a) or (b): '~- ^^'J) . , '"-I , ,- Date: (a) Date and maimer of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: Filed September 10. 2003: Date Defendant's Waiver of Notice in Section 3301(c) Divorce is being filed simultaneously with this Praecipe. (0-7-01 I~~ Timothy J. Co , E qu Attorney for Plaintiff By: -".., " . ""'"'''' ~t!~~~F~,Q!~"~,,,,.% lt~ , ,~ ~ l!l!l!lm\\l'ffll'l'i , ~":v.i?'m!!~,,_~ ~. "' ~.". - ., ,~,.~~, .. 0 C) c: -n s. 0 lJr:C n nlj"i" .'4 Z7. ze' {f)~~: Co ~~: -0 . -....eel N CJ Pc'; Z :J1 ~ci ---' -< r,' "-< - . . ,~.f,W-'Jr"'~~'~~~'!,;j~';",~>f~~'_H~ifI.!i;m'l\N'!~i'W!!i~" -jl<'~""'!ltii~~__",,,~ l-"m ,11!, WlW I -'" --'-' "'< JAMES F. HERB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff No. {)()- j~ (p U:UCO. vs. SUSAN K. HERB Defendant CIVIL ACTION -- LAW 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 MAYBE 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 THE CUMBERLAND COUNTY COURTHOUSE, I 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SER VICE 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 -.WII . ).- '''' ""'" JAMES F. HERB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. t!D. 5 S n CuJ Y:u..-- SUSAN K. HERB Defendant CIVIL ACTION -- LAW DIVORCE COMPLAINT UNDER ~3301(c) OF THE DIVORCE CODE 1. The plaintiff is James F. Herb, who currently resides at 277 Cemetery Road, Genesee, Pennsylvania since January 2000. 2. The defendant is Susan K. Herb residing at 1459 Hillcrest Court, Apartment 501, Camp Hill, Cumberland County, Pennsylvania since July 24,2000, 3, There are no minor children of the parties. 4. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5, The Plaintiff and Defendant were married September 15, 1967 at Oatis Air Force Base, Massachusetts. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have entered into a written agreement as to alimony, counsel fees, costs, and property division. ;;"1"" 1'- ~,'~~- ~, .- ~ . . 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The marriage is irretrievably broken. II. Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 12. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. Dated: ~'7-~ Respectfully submitted, ~ Timothy J. Colgan, Esquire WILEY, LENOX, COLGAN, & MARZZACCO I South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 J.D. #77944 """~"""" ~,~ r " - , ,.. _, A ~'l""'"'" ' VERIFICATION I, James F. Herb, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities, Date: e/.J/?'o 'I ~iif L//A:L Jamee;. Herb Plain iff S:\CUENTSlCOLGANlHERBICOMPIAIN,WPD ""R'"~ 'I . -,- , ~ ..--<.. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. * * * * * * * * No. 00-5586 JAMES F. HERB, Plaintiff CIVIL ACTION - - DIVORCE SUSAN K. HERB, Defendant AFFIDAVIT OF SERVICE I, Michele A. Reneker, being duly sworn, deposes and says that she is an adult and that she served the Divorce Complaint with regard to the above-referenced matter to the defendant's last known address by certified mail on August 15, 2000. The certified mail return receipt dated August 16, 2000 is attached hereto as Exhibit A. ;;;~GQI2 Michele A. Reneker' ~ By: 1 South Baltimore Street Dillsburg,PA 17019 (717) 432-9666 Date: August 21, 2000 ~"'<~ < ~ , - "--"'~ -- -- " 1. Article Addressed to: 0~/{. ~ /J!5q ~ ..5{J I 'an<(.) tJcu A /70// n. Is delivery address different from item 1? If YES, enter delivery address below: ~iCeType Certified Mail o Registered o Insured Mail o Agent o Addressee Dves DNo o Express Mail D Return Receipt for Merchandise o C.O.D. 4. Restricted Deli....ery? (Extra Fee) Dves 102595-99-M-1789 . ~ _.~ "Ii IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. HERB, * CIVIL ACTION - - DIVORCE Plaintiff * * vs. * No. 00-5586 * * SUSAN K. HERB, * Defendant * AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 93301(c) ofthe Divorce Code was filed on June 23, 1999. 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. gp~,h 3> Dat~ . ~~ Plaintiff 0" " . .. _~I ~ .~" ., ~ ~ . () ~ "-- -ow II1n; ~~' ~~, :;-.::; -<. o , , ,~ o -n ,,,., 111 -0 '" F:::: rTl (=~[ o r~ ~~?~ .-c~. ["Ii "-..,' .:;; :0 -< :;7-" -"., r:;-;: -:n en '111'IIm. - ~~~lfi!Il!!;fi~~i!I!lill!llli'l!Uffll!!l.L_~._~.~~I~~~~M~X"flll!!""l'l""""\';1"F~r,*w;;;~I!'~"W'""f"""."'-~7~ii:,*'W'f"",f~,,,*~~1tiij! ~ i 9'""~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. * * * * * * * * No. 00-5586 JAMES F. HERB, Plaintiff CIVIL ACTION - - DIVORCE SUSAN K. HERB, Defendant WANER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses in 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 ofthe 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 6/.2 'tic:? ~ Dati' ' ~ laintiff 'f.:n "~ - ,~ ~ ~ ii':-"~~i ~, 0 ~ 0 ,~ C (.....1 ---n $: :..J1 ,-' rn ,." n:Lr. ""() " ~~~; ~,ji'.n C:' _..~"~~ -<"C , ~[:'-~, ~/,"-, ;.~ ~~ ?i:Q - )>'U 00 C Z :''1 :::;i CT> :< ~~-[ !"J~~~;~~~~~.~"",~~~~J ~,__ ~T,~ .,~~_~~~~~~!!~~> " 1IIIl....... W'. _~ -'''j' , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. HERB, v. NO. 00-5586 Civil Defendant CIVIL ACTION - LAW DIVORCE SUSAN K. HERB, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2000. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Reqllest Ent:r;y 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 DATED: If) - 9-03 authorities. d;:: ~/ , . n K.'Herb, Defendant unsworn falsification to :[,:",",>/" ~, c>~_. ,.;-",.~'i"'~":::' -';:;;_~';'_""." '_\~:;;:l~ - .. "~~ - :~-; ~~-~-~< ~""o_-i,_" ',"''!_.4_>'_C: '-,'- -- ,--- ;';;0'1'\-,_-<'- " , - - ~ c'., "",,';; ~,___ -"'.4',.'-- I I I L 'C',' "",III1L, """e,'" "" - ~"",,)I!I!!II! ,,_nR, . ,., ~l"'< ),It[''L-",._ o c ~, V (...; rl1!'i' ~~r ~Ji_:'" :5:~s "'~ I~U~ ,'"'''''""'' -. _,~J'l!1 CJ ("j o -on o ':-;l :..., . ':-:,1 '-;--1 ;I1 ;]~ :~',,"rn ~ -~ o '''-0 -,,;. j",) ~..;"'1 h) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. HERB, v. NO. 00-5586 Civil Defendant CIVIL ACTION - LAW DIVORCE SUSAN K. HERB, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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 unsworn falsification to authorities. Date: I ()- ?? - 63 ~~ .. ~ / - <::. . , . n K. Herb, Defendant f';;'1'\~ i/;>,'; ,-,,~ - -- . ~~- ,. ~ .' . . ~ ;,," ',: -;c-',>:"'-' -'_"_"C_",-,- "-",- ,--,;,~,-,; >--~ Y:'ci--"- - '" ,. 'I I l~ ti""""" """.".",-,J,,- '..' , ~- ~ 1'f. _ 0 ,,.,__~ ~. .," ,~"', ^ -,~'_""~<""-'~';,,:.7_~'-:':':"_ ---~-- C) 0 0 C C..) ---n ~:: ,-::::> " rD " rr; r ! - ~ ,-""l -; M=f~';~ --,;1- -,' :2 co , ;; ::9 :~jS:~ ~ -0 --::;::1J , - --~~,F~ , i:-? 7= -::-~ :11 ~ ----i -< r0 -< L m ".~ , '7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES F. HERB, * CNIL ACTION - - DNORCE Plaintiff * * vs. * No. 00-5586 * * SUSAN K. HERB, * Defendant * STATEMENT OF INTENTION TO PROCEED TO THE COURT: James F. Herb, Plaintiff, intends to proceed with the above captioned matter. Respectfully submitted, Dated: '1'-17. ,0:5 Timo::~ WILEY, LENOX, COLGAN, & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 J.D. #77944 ~-,"r "~R _ ,_. - ", " Ii Ii i' I: II [1 il i' ,I i; II I ii Ii I Ij I, ii I, I} 1'1 jl i.' !~- ,1;- I' I: I' I Ii I, .I~llIltlll!_. .~<-" ~'o ,'~_ ~,~ ~~ ~ -~ " o ~ jj8~: .!--^". L,C- (t:'. _~' ~ 1~~ p '-..- ~~ );." (7") (.~; U') :''1-'1 -0 o ~'n c:c1 -,-~-", :::~j " ~I~9 -::-';CJ .~-~~~ ~ -( (J'i --::.1 (.,0 ::') (1"\ ,~, _ ""', ~W'"'~C;}8.\~7'R-"""":~T!''''~K<<l!\\~I~,,,,__ ~~~.,.'" t" ,-f~!!lD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA JAMES F. HERB, * CIVIL ACTION - - DIVORCE Plaintiff * * VS. * No. 00-5586 * * SUSAN K. HERB, * Defendant * SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE: October 8, 2003 DOCKET NO. 00-5586 PLAINTIFF SS NO. 208-34-6429 NAME James F. Herb DEFENDANT SS NO. 476-56-6168 NAME Susan K. Herb ''''''.-,"",,,, , '" .... "."..-0"