Loading...
HomeMy WebLinkAbout07-2931MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KAREN L. HAYES, Plaintiff V. J. PATRICK HAYES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007- CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. 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 at the Franklin County Courthouse, Chambersburg, Pennsylvania 17201. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KAREN L. HAYES, Plaintiff V. J. PATRICK HAYES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- X43 I 6 u 1. t CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNTI DIVORCE 1. Plaintiff is Karen L. Hayes, an adult individual, who currently resides at 6312 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is J. Patrick Hayes, an adult individual, who currently resides at 6312 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 25,1991, in Jacobus, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are three children of the parties under the age of eighteen (18) namely: Emily Hayes, age 13 and Adam Hayes, age 11. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: (a.) That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a decree in divorce. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: '?-/i V/-0 -7 By: MARIA V CO(j?'I'TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, KAREN L. HAYES, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. KAREN L. HAYES DATE: S// `//a 7 w ..,' w ? ? ?) rJ ? ? ? C_ ?,,, T f -r i ? - --? ?- r. _` ['t7 ' -r+ i + f ?' ~ ? iEJ ? G -ry i7 ? C.1'1 s MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff KAREN HAYES, Plaintiff V. J. PATRICK HAYES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 2931 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce Under Section 3301(c) of the Divorce Code was served upon the Defendant, J. Patrick Hayes, by United States Mail, first class, postage prepaid, certified, docketed to No. 7005 0390 0005 2244 2269, on the 21 st day of May, 2007, addressed as follows: J. Patrick Hayes 2704 Warren Way Mechanicsburg, PA 17050 Date: J-- `30/' 7 By ft"160K? - MARIA PICOITTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff f ? • Csmplete items 1, 2, end 3. Also complete bm 4 If Restricted Delfmy Is deemed. ¦ Prktt your name end addrom on the reverse so VW we can return the card to you. ¦ Aftch this card to the bath of the mailpieoe, or on the treat If space pwmfts. 1. Arttab Addromed to. A. ?'7 X 0 Apent Addrssesa B. by l 1?4- c: qae a) ..?0. C/.,1-l{U J D. Is deWery add?ees dNfaent 4#1m kern 171 0 rbs K YES, erKer d*.wy address below KNo J. Patrick Hayes 2704 Warren Way - - Mechanicsburg, PA 17050 CertBkd M o Cl Express ? ?J Mdistef- E3 Rstm Receipt for tM dmidln /C ES Tie" e ?`Ei? ?ELi ?/E2 ?1 17 kmrod Mid ? C.O.D. d 4. Roddo sd DeNvaryl M*o Fee) Vbe 2. ArttcleNumber 7005 0390 0005 2244 2269 plsneAerflom asrMbs Arba+ PS= Fwm 3811, Fdxu wy 2004 Dotn..I' m arr.n neoe4rt 00064 "MNe - 10 i , . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this .?,FYC. day of , 2007, between KAREN L. HAYES, hereinafter called "Wife" and J. PATRICK HAYES, hereinafter called "Husband." WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on May 25, 1991 in York County, Pennsylvania, and separated in May of 2007; There were two children born of the parties' marriage whose names and dates of birth are as follows: EMILY ELIZABETH HAYES Date of Birth June 3, 1993 ADAM RUSSELL HAYES Date of Birth October 13, 1995 Wife is represented by Maria P. Cognetti, Attorney at Law, and Husband is represented by Mindy S. Goodman, Attorney at Law; and Diverse and unhappy differences have arisen between the parties, and it is the intention of Husband and Wife to separate 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 matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and 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, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless 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. This Agreement is not intended to condone and shall not be deemed to be 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 2 differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in a Cumberland County divorce action. The parties shall execute Affidavits of Consent upon the expiration of the ninety (90) day waiting period required under the no-fault divorce laws. Should either party fail to execute the Affidavit of Consent required under Section 3301(c) of the Divorce Code within five (5) days of request by the other party, this shall constitute a breach of this Agreement and the non-breaching party shall have the right to Petition for Enforcement of the Marital Settlement Agreement and the non-breaching party shall be entitled to reimbursement of his or her attorney's fees incurred as a result of having to file for enforcement. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them in the future. 4. NON-MERGER 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 as well 3 as court ordered remedies as the result of the aforesaid incorporation or as otherwise 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. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement, if not signed by both parties on the same date, shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall take place within thirty (30) days of the date of execution of this Agreement unless otherwise specified herein. 7. FINANCIAL DISCLOSURE The parties know and understand that each has the right to obtain a full financial disclosure from the other as part of this divorce process. The 4 parties hereby knowingly and voluntarily waive their right to a more full and formal financial disclosure from the other. 8. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 9. NONINTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 10. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her 5 heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 11. MARITAL PROPERTY The parties hereto acknowledge and agree that they have acquired various assets during their marriage, whether the same were held jointly or individually by the parties hereto, including but not limited to: (a) Marital residence located at 6312 Valleybrook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 6 (b) Household goods, contents, furniture and furnishings. (c) Various bank accounts. (d) Various motor vehicles. (e) Various retirement accounts and benefits. (f) Various life insurance policies. 12. DISTRIBUTION OF MARITAL PROPERTY The parties hereto covenant and agree that the assets described in Paragraph 11, above, together with any other property that the parties acquired individually or jointly prior to the marriage, have been or are hereby being divided and distributed between them as follows: (a) Marital Residence - (i) Wife shall retain sole and exclusive possession of the marital residence and Husband hereby waives any right, title, claim or interest he may have in the marital residence. (ii) Wife has refinanced the mortgage against the marital residence and removed Husband's name from that obligation. Husband has not yet executed a deed transferring his interest in the property to Wife, but shall do so within five (5) days of request by Wife. (iii) Wife shall be solely responsible for the timely payment of the mortgage, utilities, taxes, and insurance for the marital residence and shall indemnify, defend and hold Husband harmless 7 from the same. Wife shall transfer any remaining utilities and household bills into her name and remove Husband's name from those obligations. (b) The parties hereto have agreed on a division of household goods and furnishings. To the extent that they cannot agree on the division of the remainder of items, those items currently in the possession of Husband shall remain the sole and separate property of Husband, and those items currently in the possession of Wife shall remain the sole and separa(to projFhat)paftMOLereto have heretofore divided all bank accounts. (d) Motor vehicles - (i) Husband shall retain sole and exclusive possession and ownership of the 2002 Ford Explorer, which is presently encumbered by a loan. Husband shall be responsible for the timely payment of this vehicle loan and shall indemnify, defend and hole Wife harmless from the same. Wife hereby waives any right, title, claim or interest she may have in the 2002 Ford Explorer. If necessary, Wife shall take any and all steps necessary to transfer title of said vehicle to Husbaoo. Wife shall retain sole and exclusive ownership of the 1999 Honda Accord, which is presently unencumbered by a loan. Husband hereby waives any right, title, claim or interest he may have in the Honda Accord. If necessary, Husband shall take any and all steps necessary to transfer title of said vehicle to Wife. 9 (e) Retirement Accounts and Benefits - (i) Husband shall retain sole and exclusive ownership and possession of any and all of his 401(k)s, IRAs, and Rite Aid Corporation stock options. Wife hereby waives any right, title, claim or interest she may have in these benefits of Husband's. (ii) Wife shall retain sole and exclusive ownership and possession of any and all of her 401(k)s, and IRAs. Husband hereby waives any right, title, claim or interest he may have in these benefits of Wife's. (f) Life Insurance - Each of the parties shall retain any and all life insurance policies in his or her respective name, and each shall have the right to do with his or her policy whatever he or she deems appropriate. 13. LUMP SUM PAYMENT Within ninety (90) days of the date of execution of this Agreement, Wife shall make a lump sum payment to Husband in the amount of THREE THOUSAND ($3,000.00) DOLLARS. This payment is a non-taxable transfer in lieu of Husband receiving a portion of the equity in the marital residence, and will help defray the penalty and taxes associated with Husband's need to withdraw funds from his 401 k in order to purchase a home. 14. MARITAL DEBT 9 The parties acknowledge and agree that they have no marital debt other than the debt that was identified elsewhere in this Agreement. Wife shall be solely responsible for any and all debt in her individual name, and shall indemnify and hold Husband harmless therefrom. Husband shall be solely responsible for any and all debt in his individual name, and shall indemnify and hold Wife harmless therefrom. Other than the debt identified elsewhere in this Agreement, if there is any debt in joint names, it shall be the sole and separate responsibility of the party who incurred said debt, and that party shall indemnify and hold the other harmless therefrom. 15. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, 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. 16. CHILD CUSTODY AND SUPPORT (a) Custody - (i) The parties shall share legal custody of the minor children, legal custody being defined as the right to have input 10 involving major decisions in the children's lives. Major decisions shall include decisions related to health, education, and religion. (ii) Wife shall have primary physical custody of the minor children, subject to periods of partial custody with Husband. Husband shall exercise his rights of partial physical custody every other weekend and at such other times throughout the year including holidays, summer vacation, etc. as the parties mutually agree. (b) Child Support - (i) Husband shall pay child support to Wife in accordance with the Pennsylvania Child Support Guidelines. Currently, child support with child care has been calculated at $1,200 per month for two children. Husband shall pay the full child support amount on or before the first day of each month. This child support calculation shall be modifiable in accordance with the Pennsylvania Child SuppotI)Guid*hWm. d shall provide health insurance for the children through his employment. To the extent a modification of support is sought by either party, the cost of and contribution toward health insurance shall be determined as part of the overall support obliga?idi . All unreimbursed medical expenses shall be divided equally among and between the parties. (iv) The parties shall pay for and/or contribute to the costs and expenses related to the children's sports, scouting, and/or other extracurricular activities in equal amounts. 17. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both parties covenant and agree that, except as outlined herein, both parties waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party; neither party will see discovery of assets; 12 and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 18. BANKRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeds pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 19. MISCELLANEOUS PROVISIONS (a) The parties shall each contribute and equal amount toward the costs and expenses related to the family dog, Cooper. Additionally, the parties shall share ownership of Cooper and shall continue to exchange custody of the dog on a weekly basis. (b) It is the intention of the parties to always provide for and support their children. Therefore, the parties shall communicate with one another to determine what decisions are best for the children, and to 13 contribute to the following future costs and expenses related to the children, to best of his or her ability, with a goal of equal contribution from each parent: (i) College expenses for the children; (ii) Whether or not it is appropriate for the children to have vehicles and the costs and expenses related to any vehicles purchased for the children and automobile and/or driver insurance; (iii) Wedding expenses for the children. 20. OTHER WRITINGS Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 21. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 14 22. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and his or her respective heirs, executors, administrators and assigns. 23. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceeding. 24. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: a. Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both partiedj. Has given careful and mature thought to the making of this Agreement; C. Has carefully read each provision of this Agreement; d. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 15 25. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 26. SEVERABILITY 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. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 27. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 28. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and 16 shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: Maria P. oc Attorney for i, Esquire Mindy S. Goodman, Esquire Attorney for Husband 18 clu a n F co rK- - z P CD KAREN L. HAYES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2931 J. PATRICK HAYES, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 16, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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. 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 the divorce is granted. 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. t Date: 01o2 g O Karen L. Hayes, Plaintiff C= -.J ? o KAREN L. HAYES, Plaintiff V. J. PATRICK HAYES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-2931 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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 are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: l a b Karen L. Hayes, Plaintiff C= ?r n €i ZF? w KAREN L. HAYES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2931 J. PATRICK HAYES, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 16, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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. 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 the divorce is granted. 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: / L - 10 ?_ v ' '.s - ?:. -? .? ?..f ® ? KAREN L. HAYES, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-2931 J. PATRICK HAYES, Defendant 1 2. CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: / Z '! o ?n? axs+ d M n CD C.J ? CD MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff KAREN L. HAYES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2931 J. PATRICK HAYES, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on May 21, 2007, by certified mail, return receipt requested, receipt number 7005 0390 0005 2244 2269. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Karen L. Hayes, Plaintiff, on November 28, 2007; by J. Patrick Hayes, Defendant, on December 10, 2007. 4. Related claims pending: Settled by Agreement dated November 28, 2007. 5. (Complete either (a) or (b).) (a) Date and manner 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 §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. MARIA P. COGNETTI & ASSOCIATES Date: December 14, 2007 By: MARIA P. C ETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff '18 a_ P /" C © .A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY tra Aft STATE OF PENNA. KAREN L. HAYES, Plaintiff VERSUS J. PATRICK HAYES, Defendant No. DECREE IN DIVORCE AND NOW DECREED THAT _ J. PATRICK HAYES AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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 of the parties' Property Settlement Agreement dated November 28, 2007, and attached hereto are incorporated herein but not merged herewith. BY THE COURT: ?N -t ? A\ ATTEST: J PROTHONOTARY 1) e c.exjbef 18 KAREN L. HAYES 2007-2931 CIVIL TERM 2007 , IT IS ORDERED AND -Jr4 r fV n ? «'n • t s