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HomeMy WebLinkAbout07-6329SAMUEL R. DAUGHERTY, JR., § Plaintiff § V. § ELEANOR E. DAUGHERTY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 -6,3-2f 41,e a CIVIL ACTION - 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrators Office at the Cumberland County Courthouse, 4' Floor, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED OR ANNULMENT, 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse, 4`' Floor Carlisle, PA 17013 (717) 240-6200 SAMUEL R. DAUGHERTY, JR., § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2007 § ELEANOR E. DAUGHERTY, § CIVIL ACTION - IN DIVORCE Defendant § AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualiquier otra quej a o compensacion reclamados por el demadante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando las base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en: Court Administrators Office at the Cumberland County Courthouse, 4' Floor, 1 Courthouse Square, Carlisle, Pennsylvania 17013. SI USTED RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 1- *4 SAMUEL R. DAUGHERTY, JR., § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § q Cc.P I- V. § NO. 2007 6 32 ELEANOR E. DAUGHERTY, § CIVIL ACTION - IN DIVORCE Defendant § COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Samuel R. Daugherty, Jr., and represents as follows: 1. Plaintiff, Samuel R. Daugherty, Jr., is an adult individual currently residing 59 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Eleanor E. Daugherty, is an adult individual currently residing at 59 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married in the Commonwealth of Pennsylvania on August 18, 1984. 5. Plaintiff is a citizen of the United States of America. 6. Neither party is a member of the Armed Forces of the United States of America or its Allies. 7. Plaintiff avers that there are no minor children of the parties. 8. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since September 29, 2007, and continue to live separate and apart as of the date of filing this Complaint. 9. There have been no prior actions of divorce or for annulment between the parties. 10. 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. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 11. Plaintiff requests the Court to enter a decree of divorce. COUNT I CLAIM FOR EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of realty, personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff against the Defendant as follows: a. That a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant; b. As to Count I, that this Honorable Court enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties; and c. Such other additional relief as the Court deems necessary and just. Res ctfully submitted, Samuel R. Daugherty, Jr., ff VERIFICATION I verify that the statements made in this divorce complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unworn falsification to authorities. Samuel R. Daugherty, Jr. R, 0 d h w %Nl R, W 0 r 1 ? h ?J N c? c? C? .. e C? Y ~- 1 SAMUEL R. DAUGHERTY, JR., § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2007 - 6329 ELEANOR E. DAUGHERTY, § CIVIL ACTION - IN DIVORCE Defendant § CERTIFICATE OF SERVICE I hereby certify that I served a copy of the Complaint in Divorce filed in the above- captioned matter by handing a copy of the Complaint to the Defendant(see Acceptance of Service attached hereto as "Exhibit A"). Samuel R. Daugherty, Jr., SAMUEL R. DAUGHERTY, JR., § Plaintiff § V. § ELEANOR E. DAUGHERTY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - (,-- 3 L 7 C l? I L CIVIL ACTION - IN DIVORCE ACCEPTANCE OF SERVICE I accepted service of the Divorce Complaint under Sections 3301(c) and 3301(d) of the Divorce Code filed in the above-captioned matter on 10/ /0 7 Eleanor E. Daugherty 59 Pine Ridge Circle Enola, PA 17025 EXHIBIT A ? ?? ? + t,„f ?. ? ? ? y ??y 4+/ 07- ??a4 PROPERTY SETTLEMENT AGREEMENT 4 2 n I This Agreement, made and entered into this 1 J day of f `? o fe o , 2007, between Samuel R. Daugherty, Jr., of 59 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025, hereinafter referred to as "Husband", and Eleanor E. Daugherty, of 59 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025, hereinafter referred to as "Wife". WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on August 18, 1984 in Lewisburg, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the Page 1 of 13 other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or other expenses, except as set forth herein; and Husband likewise wishes to relinquish all his rights of courtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby acknowledge that they have lived separate and apart since September 29, 2007, and continue to live separate and apart as of the date of this Agreement, and further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. Page 2 of 13 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or courtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to tike against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall Page 3 of 13 be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attomey-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that, except as provided herein, neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other; to that end, each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Health Insurance. Each party shall be responsible for their own health insurance coverage. Page 4 of 13 5. Waiver of Alimony. In consideration of the mutual agreements of the parties, and their decision to voluntarily live separate and apart and the provisions contained herein, and for the respective benefit of the parties and other good and valuable consideration, the parties each expressly agree to mutually waive any and all claims for any alimony, spousal support/alimony pendente lite , maintenance, etc. 6. Life Insurance. Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 7. Spousal Support/Alimony Pendente Lite. Any spousal support or alimonypendente lite provided to either party directly and/or pursuant to any subsequent court order entered prior to this Agreement, shall terminate as of the date of this Agreement. 8. 2007 Income Tax and Prior Tax Years. Husband and Wife agree to file joint tax returns for the 2007 year. If any tax refund is owed to the parties for the 2007 year, the parties shall divide any such refund in the following manner: '/2 of the tax refund amount to Wife and 'h of the tax refund amount to Husband. If any deficiency in Federal, State or local income tax is proposed for the 2007 tax year or any year prior to 2007, or any assessment of any such tax is made against either of them, the parties shall each be responsible for fifty percent (50%) of any payment due for any such deficiency, assessment, interest, penalty, and expense incurred in connection therewith. Page 5 of 13 9. Future Income Tax. Beginning in 2008, Husband and Wife shall file separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed for the 2008 tax year or any year thereafter, 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 misrepresentation or failures to disclose the nature and extent of his or her separate income on the aforesaid returns. 10. 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 provision 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 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. Page 6 of 13 11. Representation by Counsel. Husband has been represented by Laura C. Reyes Maloney, Esquire, and Husband acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. Wife is not represented by an attorney, but Wife acknowledges that she has signed this Agreement freely and voluntarily after full opportunity to consult with her own separate attorney. The parties acknowledge that 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. 12. Division of Personal Property. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. 13. Bank Accounts. Husband and Wife have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owners of their respective accounts and they each hereby Page 7 of 13 waive any interest in, or claim to, any funds held by the other in any accounts. Each party agrees to execute any and all necessary documents to remove the other party as a joint owner of said account and to give effect to this paragraph. Each party agrees to execute said documents within ten (10) days of a request by the other party. 14. Husband's Accident. Wife agrees to waive any right to any proceeds that Husband may receive in connection with the accident that occurred on September 27, 2007. 15. Real Property. The parties agree that the marital residence, located at 59 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025, shall be the sole and separate property of Husband. Husband agrees to refinance the residence to his name only within forty-five (45) days of the date of this Agreement. Immediately upon the execution of this Agreement, Husband agrees to pay Wife $7,500.00. On the date that the refinancing of the residence is completed, Husband also agrees to pay Wife $7,500.00. Husband agrees to pay Wife $5,000.00 over a period of three (3) years from the date the Divorce Decree is issued. Wife agrees to execute any necessary documents reasonably related to the refinancing of the marital home, including the transfer of title to the marital home. 16. Automobile for Wife. Upon execution hereof, Husband agrees that Wife shall retain possession of and receive as her own property the 2003 Pontiac Vibe for her own use and disposition. Wife has been and shall continue to be solely responsible for all expenses associated with the automobile including, but not limited to insurance and Page 8 of 13 maintenance. Wife shall be solely liable and shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorney's fees, dues to any of the expenses set forth in the preceding sentence and shall indemnify and hold Husband harmless from any liability, cost or expense, including but not limited to claims, damages and judgments, solely due to any accidents involving Wife and Wife shall reimburse Husband for any increased premiums during the year following the day of execution of this Agreement solely resulting from such accidents. 17. Automobile for Husband. Upon execution hereof, Wife agrees that Husband shall retain possession of and receive as his own property any and all trailers, motorcycles, and vehicles that may be in his possession, including the 1996 1 500 Chevy Silverado (hereinafter collectively referred to as "the vehicles") for his own use and disposition. Husband has been and shall continue to be solely responsible for all expenses associated with the vehicles including, but not limited to insurance and maintenance. Husband shall be solely liable and shall keep Wife indemnified and held harmless from any liability, cost or expense, including attorney's fees, dues to any of the expenses set forth in the preceding sentence and shall indemnify and hold Wife harmless from any liability, cost or expense, including but not limited to claims, damages and judgments, solely due to any accidents involving Husband and Husband shall reimburse Wife for any increased premiums during the year following the day of execution of this Agreement solely resulting from such accidents. Page 9 of 13 18. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 19. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind that were earned during the marriage by the other party. 20. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending divorce between them in the Court of Common Pleas of Cumberland County, No. 2007-6329. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 21. Incorporation and Judgment for Divorce. This Agreement and all of its provisions shall be incorporated into the decree of divorce in the aforementioned divorce action, either directly or by reference. 22. Breach. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, Page 10 of 13 including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 23. Enforcement. The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 24. Applicable Law and Execution. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. 25. The Entire Agreement. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 26. Modification of this Agreement. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 27. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply Page 11 of 13 with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 28. Financial Disclosure. The parties confirm that they have relied on the 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 party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party 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 party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non- disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. Page 12 of 13 29. Voluntary Execution. Each of the parties has read and understands the above and is signing this Agreement as a free and voluntary act and having had the opportunity to obtain advice of separate legal counsel. IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year first written above. Samuel R. Daugherty, Jr., Hus d Eleanor E. Daugherty, W' Si e o rtn s L fty V A - 9E\? M Printed Name of Witness L Signature of Witness M rt i ktr Printed Name of Witness Page 13 of 13 r-3 C- j 1 SAMUEL R. DAUGHERTY, JR., § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2007 - 6329 ELEANOR E. DAUGHERTY, § CIVIL ACTION - IN DIVORCE Defendant § DEFENDANT'S AFFIDAVIT OF CONSENT UNDER § 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 29, 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 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. a-tr-o? Date Eleanor E. Daugherty Lt O-N t C - rt fg -* Y ± y :? Y^+"I Cu 71 ? _.. .mil (Y„ J Y > ? PN) ^-? SAMUEL R. DAUGHERTY, JR., § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2007 - 6329 ELEANOR E. DAUGHERTY, § CIVIL ACTION - IN DIVORCE Defendant § DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date Eleanor F. augherty a0-Fq C+ C? r J7 .9:*' SAMUEL R. DAUGHERTY, JR., § Plaintiff § V. § ELEANOR E. DAUGHERTY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6329 CIVIL ACTION - IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER § 3301(c) OF THE DIVORCE CODE A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 29, 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 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 unworn falsification to authorities. a - t C'Q-ogDate Samuel R. Daugherty, Jr. EXHIBIT A I ©CH -rti ? ? , -, _ ? t-s-?,. ? r f "'? ?? ??? "? t:.: -- SAMUEL R. DAUGHERTY, JR., § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2007 - 6329 ELEANOR E. DAUGHERTY, § CIVIL ACTION - IN DIVORCE Defendant § PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR 3301(d) OF THE DIVORCE CODE 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 07-1 ! -O Sr Date Samuel R. Daugherty, Jr. a?? G m Rff? e " 1 "i SAMUEL R. DAUGHERTY, JR., § Plaintiff § V. § ELEANOR E. DAUGHERTY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 6329 CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c). 2. Date and Manner of Service of the Complaint: October 29, 2007, via hand delivered (see Certificate of Service filed with the Court on November 13, 2007). 3. Date of Execution of the Affidavit of Consent Required by Section 3301(c) of the Divorce Code: by Plaintiff on February 11, 2008; by Defendant on February 11, 2008 (see Exhibit A). 4. Related Claims Pending: no other marital claims pending. 5. Notice of Intention to Request Entry of Divorce Decree: waived by Plaintiff on February 11, 2008; by Defendant on February 11, 2008 (see Exhibit A). Lays C. Reyes lone , squ Stpreme Court I. No. 7 75 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 °?. ?. '-?a ? ' ..T? . T'a`i r" l ; i"?'i ? T ?.. ..,?... -3: G ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. s? - 5amue I K. Qauqher-tj . Jr.. -I- Pla in+i fF VERSUS E1eamr ?. Dauo?n , -be'Fe nctan4 N 0. X00 -7 - l0 32119 DECREE IN DIVORCE AND NOW, yv ?, IT IS ORDERED AND DECREED THAT ?UYY?ue.? `,.?QtlQher'ttl .?P. PLAINTIFF, AND 'E.leanor E. -Daugberjlj DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORQ Ik.1 THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; •' The Alreemneni herein eh+eredk be-+ween -tine pav4es on I BY THE COURT: ATTEST: 4 J. PROTHONOTARY ??? ?0 ? ?°- Z' ?'O • /?• ?