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HomeMy WebLinkAbout99-05164'`NC Q 9! - A? ' V V I;n<I N i i i 0 THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. i R JEANNE E. CARBAUGH, Plaintiff Versus ROBERT A. CARBAUGH, SR., Defendant N()...99-5164 CIVIL TERM . ................. CIVIL ACTION - LAW IN DIVORCE DECREE IN DI VORCE AND NOW, ........-:,lc..Las... zooo, , , it is ordered and decreed that ........JEANNE E. CARBAUGH ........................ Plaintiff, and ..................ROBERT A. CARBAUGH, SR................. , 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 Marriage Settlement A&reement dated August 9, 2000 and, signed, by, the ........... parties is hereby, incorporated,into.this.Decree,.but.nqt. meFB?d........... IV, I.N? By T Court Attest: -- -- i rothonotary ° 1 :c• :c• :?• <e:• :c• to •:e:• •:e:• •:e: ;e:• :e: ce: <c• te• •s te:• :e::c• :e: ce:• t+:• W., I MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 01? day of 2000, by and > between JEANNE E. CARBAUGH (hereinafter referred to as "WIFE") and ROBERT A. CARBAUGH, SR. (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 10, 1990; and 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 hereto are desirous of settling fully and finally their respective financial and property rights 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 claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: 2 (1) is represented by counsel of his or her own choosing; or if not represented by counsel, understands that he or she has the right to counsel; WIFE is represented by counsel (Mark D. Schwartz, Esquire) and HUSBAND is represented by counsel (Johnna J. Deily, Esquire) of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel, or chooses not to consult an attorney; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 3 It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has had sufficient time and access to all information necessary to enter into this Agreement, including but not limited to property interests of any nature, whether personal or business, any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that, although not all the information was requested, that he or she is satisfied with the cooperation and disclosure of the property interests of any nature of the other party, and waives any right to raise the lack of disclosure of property interests of any nature as a defense to the enforcement of this Agreement. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: WIFE agrees to waive all right, title and interest which she may have in the real estate situate at 8380 Rice Road, Shippensburg, Pennsylvania; 100 Walnut Bottom Road, Shippensburg, Pennsylvania; 12 Airport Road, Shippensburg, Pennsylvania; and 339 East Orange Street, Shippensburg, Pennsylvania in favor of HUSBAND and releases all claims which she may have regarding said real estate. HUSBAND agrees to assume all liability for and hold harmless and indemnify WIFE against the mortgage and home equity loans currently against said residence (8380 Rice Road, Shippensburg, Pennsylvania), and agrees to be solely 4 responsible for the payments associated with said mortgage and home equity loans. HUSBAND further agrees to have WIFE's name removed from any mortgages or loans against this property (8380 Rice Road, Shippensburg, Pennsylvania) within three (3) years from the date of the execution of this Agreement. HUSBAND agrees to pay WIFE the sum of Forty-Four Thousand Six Hundred and 00/100 Dollars ($44,600.00), said sum being payable in monthly installments of Three Hundred and 00/100 Dollars ($300.00) due on the 15'h day of each month beginning on the month following the date of this agreement. If HUSBAND should fail to make said payments to WIFE any of the above-mentioned properties are to be sold and the proceeds from said sale are to be applied toward the Forty-Four Thousand Six Hundred and 00/100 Dollars ($44,600.00) owed to WIFE. As to the other properties herein listed, HUSBAND agrees to pay the outstanding mortgage payments and hold WIFE harmless from any obligations on said mortgages and indemnify her if any claim is made against her. WIFE hereby agrees to transfer to HUSBAND exclusive possession of all the above-mentioned real estate, and will waive all right, title and interest in the properties if HUSBAND chooses to sell said properties. HUSBAND shall be solely responsible for the mortgages currently against said properties, and shall hold harmless and indemnify WIFE for said mortgages. 8. SUPPORT: CHILD SUPPORT: The parties hereby agree that HUSBAND shall pay child support to WIFE beginning immediately, in the amount of $450.00 per month due on the I" day of each month for the parties' minor children and agrees to be responsible for 50% of all unreimbursed medical, dental and orthodontic expenses for each child. The parties recognize that this obligation is modifiable based on a material change of circumstances; 5 SPOUSAL SUPPORT: HUSBAND and WIFE hereby waive, release and discharge any rights either may have against the other to receive alimony or other post-divorce maintenance or support. 9. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the satisfaction of both parties: The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: WIFE agrees to transfer all interest which she may have in the 1969 Z28 Camero, the 1995 Red and white pickup truck, the 1988 Toyota Tercel, the 2 four by four race jeeps and the 1995 Itasca motor home currently in the possession of HUSBAND. 6 HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicles he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicles. MARITAL DEBTS AND BANKRUPTCY: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by 7 reason of debts or obligations incurred by him. The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that HUSBAND's obligations under the terms of this Agreement shall not be subject to discharge in bankruptcy because they acknowledge that such are necessary for WIFE to meet her financial obligations and to support and maintain her standard of living. HUSBAND represents that there are no bankruptcy proceedings presently pending in which he is involved. HUSBAND expressly agrees not to file a bankruptcy action prior to the completion of his obligations pursuant to this paragraph. This debt shall not be discharged in a bankruptcy action filed by or on behalf of HUSBAND. If HUSBAND files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this paragraph are in the nature of maintenance and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if HUSBAND institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which WIFE'S right to there monthly payments becomes a matter for judicial review, HUSBAND agrees to consent to any motion filed by WIFE with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 8 12. CUSTODY: The parties hereto, being the natural parents of Brittany E. Carbaugh, born December 30, 1990, age 8 years, and Robert A. Carbaugh, Jr., bom March 26, 1993, age 6 years; and Nicole E. Carbaugh, the WIFE's daughter born January 12, 1984 and subsequently adopted by HUSBAND, and desiring to set forth the rights and obligations relating to the custody of said children, hereby agree as follows: A. The parties shall enjoy shared legal custody of the minor children; B. The WIFE / MOTHER shall enjoy primary physical custody of the minor children; C. The HUSBAND/ FATHER shall enjoy periods of partial physical custody with the minor children subject to the following schedule: 1. WIFE/MOTHER will have children on the days that HUSBAND/FATHER works and HUSBAND/FATHER will have children on the days the HUSBAND/FATHER is not working. This schedule is contingent upon HUSBAND/FATHER maintaining his current work schedule of seven days on seven days off. If HUSBAND/FATHER's work schedule materially changes, the parties will be required to establish a new schedule of custody. D. The parties shall share or alternate custody of the minor children on holidays in accordance with the following 1. Christmas: During the Christmas holidays custody shall alternate between parties, with one parent enjoying custody beginning on Christmas Eve at 12:00 noon and continuing until 12:00 noon on Christmas Day, and the other parent enjoying custody beginning on Christmas Day at 12:00 noon and continuing until 12:00 noon on the day following Christmas. This schedule shall alternate on an annual basis. 9 2. The holidays of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving shall be alternated between the parties from holiday to holiday, with custody on each holiday beginning at 9:00 a.m. and continuing until 9:00 p.m. 3. HUSBAND/FATHER shall enjoy custody of minor children on Fathers Day and WIFE/MOTHER shall enjoy custody of the minor children on Mothers Day, with custody on each day beginning at 9:00 a.m. and continuing until 9:00 P.M. 4. The parties hereto agree that vacations will be decided mutually between the parties. 5. The parties hereto agree that if either party would like to have the children for both Saturday and Sunday on any particular weekend the consent of both parties in advance of that weekend is required. 6. The parties agree to provide notice to other parent whenever either parent decides to take the children on a trip involving an overnight stay away from the home. 7. The parties hereto agree that if a change in the days of custody is to be made it will be made in advance with the consent of both parties. 8. The parties hereto agree to equally share transportation for the applicable transfers of custody as outlined herein. 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including 10 but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 15. INCOME TAX EXEMPTIONS FOR CHILDREN: The parties agree that WIFE will claim Brittany E. Carbaugh and HUSBAND shall claim Nicole E. Carbaugh and Robert A. Carbaugh, Jr. to begin in the tax year 2000. 16. BREACH: If either party 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 party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 12 19. 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. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or 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 allowance, right to take in intestacy, right to take against the Will of the other, and right to act as 13 administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 24. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ?VITN SES- 7 JEANNE E. CARBAUGH v v ?? (SEAL) ROBERT A. CARE H 14 COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this Q? day of 2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JEANNE E. CARBAUGH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Soro, Cumberland County [My Commlaslon Expires Sept. 18, 2%03 ?Arn`e '. AaSyManIa ASSnC12hOn of NJlBfIeS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day o 2000, a Notary Public, in and for the Commonwealth of Pennsylvania d ounty of Cumberland, ROBERT A. CARBAUGH, SR., known to me (or satisfactorily p v n) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. CAP EiL, I IND Cvj: CCMM[,--5:cN EialFlrs CECC=':En 13. Mal LMY 15 I JEANNE E. CARBAUGH, Plaintiff V. ROBERT A. CARBAUGH, SR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5164 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECOgD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Robert A. Carbaugh, Sr., on August 31, 1999, by certified, restricted delivery mail, addressed to him at 8380 Rice Road, Shippensburg, Pennsylvania 17257, with Return Receipt Number Z 013 279 094. 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 5, 2000; by defendant: August 15, 2000. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Pmecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 8, 2000. Date defendant's Waiver of Notice in Section 3 1(c) D' ce was filed with the Prothonotary: September 8, 2000. rk D. Schwartz, Esquire Attorney for Plaintiff .1 1 1 ? (..) ;i 1, yti lS lc: ',? w u yw r ? d' x y r x JJ?? ??V R i ? Yn•u? `? ? Q PO };r Rk ? . C ) . ? r y?..?? yyw IJ ? ,• ? ? a '0 r w' • tl ? ?Ny mm CCII f` •?? ?N r • g W 1 Y ? {ET'IJI qq ? A MY ?4^J e ?r JEANNE E. CARBAUGH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-51('ICIVIL TERM ROBERT A. CARBAUGH, SR., Defendant IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court. please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JEANNE E. CARBAUGH, Plaintiff V. ROBERT A. CARBAUGH, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99- 3J1'yCIVIL TERM IN DIVORCE COMPLAIN- IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Jeanne E. Carbaugh, by her attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the defendant, Robert A. Carbaugh, Sr., representing as follows: 1. The plaintiff is Jeanne E. Carbaugh, an adult individual residing at 18 Tiffany Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Robert A. Carbaugh, Sr., an adult individual residing at 8380 Rice Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to tite filing of this action in divorce. 4. The plaintiff and the defendant were married on February 10, 1990 in Waynesboro, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were two (2) children born to this marriage, namely. Brittany F. Carbaugh, horn December 30, 1990, age R years, and Rnhert A. Carbaugh, Jr., horn March 26. 1993, age 6 years; and Nicole F. Carbauoh, the plaintiffs daughter horn January 12, 1934 was subsequently adopted by the defendant, Robert A. Carbaugh. Sr. 7. Pursuant to the Divorce Code. Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. S. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHF,RF,FORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIM MCKNI& HUGHES 7.,,, fly: K ark D. Schwartz, Esquires Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 70216 Date. August`, 1999 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. 1 have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Auguste, 1999 c? c? u . r. cj to A 1 u D CWio CA c') Q z:? ? ? a H z °? 9 ? = ° ox?ia .. y ^ FJ yan N U V O F u ? ? i m g a N F+ Q 6 0 N N l ?iT n ? N 6 ? X ?7,.? H 01 Q ?? ? O? b ^ u 6 °a JEANNE E. CARBAUGH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5164 CIVIL TERM ROBERT A. CARBAUGH, SR., Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 24, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: September 5th , 2000 ., ?. - J (??pti rt Iv yy{y?? 30. 1LY : rn e c Yh'xr a ` S tir, 3 ? , 4iwtx n ?1 x. ??lsk 1 ! . ..,•. Ili"?J?'k T 1N?M" i f ??/! ! fiv I Jf 1 r? t ?y 44 41 ? •e1 y ? N wiinl"? ? t +'Wr A i '. 1 tS i .1? '2 i x J u ti rn, hfF k xs;o r jl,t 4? II 1 • L? ry.t. ?Y h Ynh +t'1't r ? t ? 1 F,7, 41 . iY.. ? fw? JEANNE E. CARBAUGH, Plaintiff V. ROBERT A. CARBAUGH, SR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5164 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 24, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. f Dater S UO '2000 ROBERT A. CARBAUG , SR. Sr ?Vf Y t L<t?l 1 1 G? f l i, LEq, G5 ? '"? a 'tiu' flJa l f)i: Al 7C?4 t d-Y Y,j 1 C? J ' t tt' u1eY: { Jw vy i? t 2 f ? ? t Y V N [ A 5 ? R q ? i x.4 V V ?n j Lw 4 11L- 4 1?: m "?q?m ?" t7?eyq} C7 W ?W n J •"`Axty?-/x '1. 3 97 ^i C ?? }"f?:k F 3 aq>?h{ 4r ? r!' ?J R A? kf u^r'(??h+r R Y.4 J y"3.1 i+ 'ti I?N!y? ?c n c JEANNE E. CARBAUGH, Plaintiff V. ROBERT A. CARBAUGH, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5164 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 5th ,2000 QMEW FO. 'aA JEANNE E. CARBAUGH Plaintiff J I ayt W t U 4, I a. 1 v 4ao-war . 4ti''1y?' r? r ? . a ? r fyyx yY ? ?a A C <" 4 ? 7 in'h'lk y? yy44 4j. ([pyg77 p?7 qS? w k Im C3 Y pig `(R7Y' p y,; k ?p y?F py ?tl{ py d v pV7 {L ?' ifi 44 j s ?a m o rob m ° 5 ` .y } P4 VJ. @ y x $.?T? a I?w a' i 7 '0.1 W O - ?'§ an c "+?. a a?t;v i R 1 Tw. ' • C M ^ r • • a A 1 JEANNE E. CARBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5164 CIVIL TERM ROBERT A. CARBAUGH, SR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 2000 vl C A , ROBERT A. CARBAU , SR. Defendant tJ t f A i ? Y ?? V l f i A ! ZY VON; 3dm Cv ''' +ar r / {{f r h ?? f 1 ? x Sit?y / r r fy? ri t.)f l?'v ik.{a WT a r r. r y? ?. 1,t ?M r7 ?1, U pee®®??? pwy cr} w 4J o .F 'N ^ rn h.. } t t pmyw? [p?? v 0 W p 94 tC? ? e t ?rx` a?ycJ ?. Ca C y ao * }??`Y? :!?i' oo vat A yY k f ?. ?l{r,!y?y.4rv ?},? Y y .. N matl?ry 0 ?a y :r.. rY4 f "1 Y r. ? v :: Y2 tp JEANNE E. CARBAUGH, Plaintiff V. ROBERT A. CARBAUGH, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5164 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: September 5th 2000 . ( L, ,_> y <? :t=s k'?Jfv ) S ? If? fly J wx 4 < r? , u kY M J .t y C - n Tiz P4 pd y? '??I,?. rl ctl p ?? t? L ?rLt i 44 ?Y11.. ? r y t? }A a _ ? S BFI 00 a°4 r a JEANNE E. CARBAUGH, Plaintiff V. ROBERT A. CARBAUGH, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5164 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 2000 ROBERT A. CA AUGH, SR. y: Pi! 4? w A?kr< t ?t? . L?1 d? iRR ?A,iv?? St Ift +a A t ' yM ary 2 ] t f aC `fir. P_'? . W H Y C7 M Cpl ?Y So C7 1^a{? U' Q y W r49 44 41 m yyjj r r1 D 8' ,„y,. ? " r Sty 1 r!4(: i 4{? p JEANNE E. CARBAUGH, Plaintiff V. ROBERT A. CARBAUGH, SR., Defendant 99-5164 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Robert A. Carbaugh, Sr., on August 31, 1999, by certified, restricted delivery mail, addressed to him at 8380 Rice Road, Shippensburg, Pennsylvania 17257, with Return Receipt Number Z 013 279094. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties o 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. MARK D. SCHWARTZ, ESQUI 2E Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Date: September 5th 2000 Z 013 279 094 v ?E LL US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do Not use for Intamnlkast Mme rcaa.o, ma) Senlro NR ROBERT A CARBAUGH SR Streel A Number 8380 RICE RD Pon OMCe, State, a ZIP Code SHIPPENSBURG PA 17257 Postalle X $ SS CatdBed Fee K , Special Delivery Fee hkteci DNvery Fee ,71) Return a Receipt Showing Date Delivered 1, ;+ 5 Perin baleIdd. 'sAdaWhom, , aAdhessaeY Adeesa TOTAL Postage a Fees g $ q Poslmadt a Date NARK 08-26-99 CARBAUGH DIVORCE CONPLAI " SENDER: • Complete Items t arWor 2 for additional tentless. I also wish to receive the •Complee items s, 48, end 4b, following services (for an • Print your name and address on the reverse of this form so that we can return this extra fee): card to you. • Attach this form to the front of the mallplece, or on the back if space does not 1. ? Addressee's Address p0aam lt. •Wae -Rehm Receipt on the t le below the article Restricted Delivery ShM 10 w ar ic • The Return Receip! pt Nil will show to whom the elide was s delivered and nd the the date Co delivered. n 3 ARicle Atltlress ad to: 4 A ti l N . a. c e umber r NR ROBERT A C Z 013 279 094 AHBAUGH SR 4b. Service Type 8380 RICE RD ? Registered ® Certified SHIPPENSBURG PA 17257 ? Express Mall ? Insured ? Return Receipt for Merchandise ? COD '1 g 7. Date of Delivery 5 R i d B P i N ' . ece ve y: ( r nt am 8. Addressee s Address (Only if requested and fee is paid) - 8. Signetu (A or Agegq X C/ a PS Form 3811, December 1994 lotsas9"om Domestic Return Receipt [l J F i J 4 ?^ 1 ? 1 t ;?yn?v H I ?S r ( y? r t'YIk Nln' .''N "I?9 V ,,.U4i "P 9trt ? ' v r? K Ls; 04 v ?4 ^ 4.1 4W cc 3 O r ? w V3 .°: ?y - 'a k 1d c ix"k ( Gaye r r A' 4{ y?3? (pie v 'C t f Y }.?7 J"'R /}S 1 Tt e S= + F,1 .. t +3,y ?}. (x . ==5 tG vl= 11 y hf?tl! s'rN'r j Wry???(G -"ice. (yM5 a? i G 6t r>?? z +t vi ? e miM I? y} Y 1 1 F ?-f $ql ? ?SEy1 1 wF F.1j ?/ ? M x SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: September 8, 2000 DOCKET NUMBER: 99-5164 Civil Term PLAINTIFF/$€dldldkdSS# 190-52-9675 NAME: Jeanne E. DEFENDANT/REGR 8MEM SS # 161-60-9876 NAME: Robert A. Carbaugh, Sr.