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HomeMy WebLinkAbout08-1417JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - / Y / 7 CIVIL TERM 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, including custody or visitation of your children. When the ground for the divorce is inidignities 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 f ? JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - /,/17 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT 1- DIVORCE 1. Plaintiff is Jaclyn M. Baney, f/k/a Jaclyn M. Keys, an adult individual who currently resides at 12 West Schoolside Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Scott L. Baney, an adult individual who currently resides at 12 West Schoolside Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 30, 2007 in Enola, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Plaintiff and Defendant have attended marriage counseling in an attempt to reconcile the marriage. 8. Neither Plaintiff nor Defendant is a member of the Armed Forces of the United States or any of its allies. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Phone: (717) 249-6873 Attorney for Plaintiff A JACLYN M. BANEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - CIVIL TERM SCOTT L. BANEY, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, Jaclyn M. Baney, verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. clyn Baney Plaintiff Date: 2'7 day of February, 2008 i r JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - I q j1 CIVIL TERM CIVIL ACTION -LAW : IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Murrell R. Walters, III, Esquire, accept service of the Complaint in Divorce under Section 3301(c) of the Divorce Code on behalf of my client, Scott L. Baney, Defendant. I that I am counsel for the Defendant in the matter and authorized to accept Date: - f-of ?? , 2008 Murrell ?. Walters, III, Esquire Attorney for Defendant mt ?' ?,..? -?F<_' Ti I'D JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 -1417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE Defendant NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that Plaintiff in the above-captioned matter hereby elects to retake and hereafter use her previous, maiden name, Jaclyn M. Keys X prior to the entry of a Final Decree in Divorce and gives this written notice avowing her intention pursuant to 54 Pa.C.S.A. § 704. Dated: March _ G 2008 c AA 4% A /1. 1 clyn N1 I aney TO BE HEREINAFTER KNOWN AS ILA ac yn V. Keys ?Ij COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : S.S. On this 0 day of March 2008, before me, a notary public, personally appeared Jaclyn M. Baney to be hereinafter known as Jaclyn M. Keys, known to me to be the person whose name is subscribed to the within documents, and acknowledged that she executed the forgoing for the purpose contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jill E. Gilbert, Notary Public East Pennsboro Twp., Cumberland County My Commission E)pires Sept 13, 2008 Member, Pennsylvania Association of (Votaries C\l LL ?' a:+w? .e ? _??1V'Jl © LL- C C u JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -1417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS MARRIAGE SETTLEMENT AGREEMENT is made this A? day of June 2008, BY AND BETWEEN Jaclyn M. Keys, f/k/a Jaclyn M. Baney, of 12 West Schoolside Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to as "Wife", A N D Scott L. Baney of 14 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to as "Husband", hereinafter collectively referred to as the "Parties". RECITALS R.1: The Parties are Husband and Wife and were joined in marriage on June 30, 2007 in Enola, Pennsylvania; and R.2: There were no children born of this marriage; and R.3: Differences have arisen between the Parties as a consequence of which the Parties separated on March 8, 2008 and have remained separate and apart since that date; and R.4: The Parties have resolved that the marriage is irretrievably broken and that it is not possible to continue the marital relationship between them for reasons known to them; and R.5: Wife filed a Divorce Complaint in the Cumberland County Court of Common Pleas to the above-captioned docket number on March 3, 2008 with service being accepted by Husband through counsel on March 6, 2008; R.6: It is the desire and intention of the Parties to amicably adjust, compromise, and settle all property rights and all rights in, to, or against the property or estate of the other, including, but not limited to spousal support, alimony pendente lite, alimony, counsel fees, and equitable distribution and including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel with their respective selection and that Wife has been independently represented by Robert J. Dailey, Esquire and Husband has been independently represented by Murrell R. Walters, III, Esquire; and R.8: Husband and Wife desire and mutually agree that all property rights and all rights in, to, or against the property or estate of the other shall be divided and settled as mutually agreed to in the Parties' Pre-Nuptial Agreement, signed by each party on June 29th, 2007, with Wife having been represented by Robert J. Dailey, Esquire and Husband having been represented by Murrell R. Walters, Ill, Esquire. NOW THEREFORE, the above-numbered recitals being incorporated by reference and deemed an essential part hereof and the Parties' Pre-Nuptial Agreement being incorporated by reference and deemed an essential party hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good 2 and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. Separation. It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party, as such place or places as he or she, from time to time, may choose or deem fit, free from any control, restraint, or interference from the other. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation. Neither Party shall act or permit anyone else to act in any way that might tend to create any disaffection, disloyalty, or disrespect between the members of the family of either Party. The Parties separated on March 8, 2008. 2. Divorce. The Parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute the Affidavit of Consent and Waiver of Notice forms necessary to finalize this divorce, to be immediately thereafter filed with the Prothonotary's office. If either Party fails or refuses to execute and file the forgoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the non- breaching Party to terminate this Agreement at his or her option. 3. Real Property. The Parties were joint owners of certain real property located at 12 West Schoolside Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as the "Property". The Parties purchased and moved into the Property on or about September 25, 2006. Both Parties were on the deed and mortgage to the Property. The mortgage was through Charter One Mortgage. Husband has recently signed over his right, title, and interest to Wife by deed in exchange for good and valuable consideration, including, but not limited to this year's tax refund(s) and in further exchange for Wife refinancing the Property in her name alone, thereby removing any and all liability of Husband. The Parties agree that this agreed upon exchange shall supercede Item #6, paragraph 4 of the Parties' Pre-Nuptial Agreement. In all other respects, the Pre-Nuptial Agreement shall control unless otherwise mutually agreed to by the Parties. The Parties own no other real property. 4. Debts. The Parties have mutually agreed upon a satisfactory division of any and all pre-marital debts and any and all marital debts as more fully set forth in the Parties' Pre- Nuptial Agreement. In the event that either Party contracted or incurred any debt since the date of separation, the Party who incurred the debt and benefited therefrom shall be responsible for the payment thereof, regardless of the name in which the debt may have been incurred. From the date of this Agreement, neither Party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible. Each Party shall indemnify and save the other Party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Party. In the event that either Party contracts for or incurs any debt from the date of this Agreement, the Party who incurs the debt and benefits therefrom shall be responsible for the payment thereof, regardless of the name in which the debt is incurred. 5. Motor Vehicles. The Parties mutually agree that each shall keep his and her own respective vehicle, as well as the financing attached thereto, if any, as more fully set forth in the Parties' Pre-Nuptial Agreement. The Parties have no other vehicles. 6. Tangible Personal Property. Unless otherwise mutually agreed, the Parties shall divide all property owned individually, jointly or otherwise pursuant to the terms of the 4 Parties' Pre-Nuptial Agreement. The Parties further agree that from this day forward, except as otherwise provided herein and except as provided in the Parties' Pre-Nuptial Agreement, each Party in possession shall be the sole and rightful owner of such property, regardless of whether the property was jointly owned previous hereto. 7. Intansible Personal Property. Except as otherwise provided and except as provided in the Parties' Pre-Nuptial Agreement, the Parties have mutually agreed and have satisfactorily effectuated a division of all intangible, personal property. The Parties further agree that form this day forward, except as otherwise provided herein and except as provided in the Parties' Pre-Nuptial Agreement, each Party in possession shall be the sole and rightful owner of such property, regardless of whether the property was jointly owned previous hereto. 8. Waiver of Alimony. Each Party hereby waives and disclaims any right or claim to spousal support, alimony pendente lite, or alimony as more fully set forth in the Parties' Pre-Nuptial Agreement. 9. Bank Accounts. The Parties acknowledge that all joint and individual bank accounts have been divided to each Party's mutual satisfaction prior to the execution of this Agreement pursuant to the terms set forth in the Parties' Pre-Nuptial Agreement. 10. After-Acquired Property. Each of the Parties shall own and enjoy, independent of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to use and dispose of as though he or she was unmarried. Any property so acquired shall be owned solely by that Party and the other Party shall have no right or claim thereto. 11. Life Insurance. To the extent that either Party has life insurance policies, simultaneous with the execution of this Agreement those policies shall become the sole and separate property of the individual owning the policy. The Parties adopt 20 Pa.C.S.A. § 6111.2 to govern their policies held in favor of each other, regardless of where each individual party resides at the time of his or her death. Nothing in this Agreement shall prevent or preclude either Party from designating beneficiaries under or encumbering their respective life insurance policies. 12. Attorneys' Fees. Each Party shall be responsible for his or her own counsel fees, costs, and expenses and each party hereby waives the right to receive payment for counsel fees from the other as more fully set forth in the Parties' Pre-Nuptial Agreement. 13. Additional Instruments. Both Parties shall, at the request of the other, execute, acknowledge, and deliver to the other Party any instrument(s) that may be reasonably necessary to effectuate and give full force and effect to the provisions of this Agreement. 14. Bankruptcy. Both Parties agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. 15. Complete Disclosure. Both Parties acknowledge that each Party had a full and fair opportunity to investigate the income, assets, debt and liabilities of the other prior to marriage and that both Parties, through the Parties' Pre-Nuptial Agreement, waived their rights to further discover, investigate and receive disclosure concerning the other's income, assets, debts and liabilities as more fully set forth in Item #3, paragraph 4 of the Parties' Pre-Nuptial Agreement. 16. Waiver of Appraisals. Both Parties acknowledge that each Party had a full and fair opportunity to assess, evaluate and appraise any and all property - real, personal, mixed or otherwise - of the other prior to marriage and that both Parties, through the Parties' Pre-Nuptial 6 Agreement, waived their rights to further assess, evaluate and appraise all property of the other as more fully set forth in Item #3, paragraph 4 of the Parties' Pre-Nuptial Agreement. 17. Release of All Claims. Both Parties mutually agree that the each has satisfactorily released any and all claims against the other as set forth in the Parties' Pre-Nuptial Agreement. 18. Severability. If any term, condition, clause, or provision of this Agreement is later determined to be void or invalid, then only that terms, condition, clause, or provision shall be stricken from this Agreement. In all other respects, this Agreement shall continue in full force and effect. 19. Choice of Law. All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 20. Incorporation into Divorce Decree. The Parties agree that this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce is entered in this matter. Upon entry of the Final Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed to be merged into such Decree. This Agreement shall survive any such Decree and shall be independent thereof. The Parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, in this matter or otherwise. 21. Breach. It is expressly agreed upon and stipulated that in the event that either Party successfully sues for the breach of any provision of this Agreement, the breaching Party shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, the non-breaching Party's attorneys' fees, court costs, fees, or any other cost. In the 7 event of breach, the non-breaching Party shall have the right to sue for damages for such breach or to seek such other and additional remedies as may be available. 22. Entire Understanding. This Agreement, along with the Parties' Pre-Nuptial Agreement, constitutes the entire understanding of the Parties and there are no covenants, conditions, representation, or agreements - oral or written, of any nature whatsoever - other than those herein contained. 23. Agreement Binding on Parties, Heirs, Etc. The Parties agree that this Agreement binds not only the Parties hereto but also the Parties' heirs, administrators, executors, assigns, and others. All shall be bound by the terms, conditions, clauses, and provisions herein. 24. Provisions as to Children. Because the Parties have no children of their marriage, there are no provisions as to children. 25. Income Tax Deficiency. In the event that any governmental agency - federal, state or local - hereafter assesses back taxes owed by the Parties on a joint return during the Parties' marriage, the Parties agree that each share pay half of the penalties assessed. 26. Pre-Nuptial Agreement. Both Parties agree that they executed a binding and enforceable Pre-Nuptial Agreement prior to marriage. Both Parties agree that unless otherwise mutually agreed to, the terms of the Pre-Nuptial Agreement shall control all aspects of this divorce unless otherwise expressly and explicitly agreed to in this Agreement. Both Parties agree that the Pre-Nuptial Agreement shall be incorporated into this Agreement by reference and shall remain binding and enforceable pursuant to the terms thereof. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, in exchange for the mutual covenants, conditions, representations and agreements herein, hereunto set their respect hands and seals to this Agreement, the day, month, and year first-above written. Attorney for Wi A I A/)A -Al VVI X"'-) aclynMKeys, f/k/a Jaclyn M. Baney Wife Murrell R`. Walters, III, Esquire Attorney for Husband Scott L. Baney Husband 6) aL I awe Date QT/2A'-5/ Date Date 4/-7 ate Date 9 COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF ?l,YY1 CJfA(AA A, On this, the 9,5 day of j [ -w- , 2008, before me, a Notary Public, the undersigned offer, personally appeared JACLYN M. KEYS, f/k/a Jaclyn M. Baney, known to me or satisfactorily proven to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. r??t "'r ?i' r n ' N,,YtVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF C, C1e tI,IOTARVPUBLIC S.S. On this, the day of J t,?h R-- , 2008, before me, a Notary Public, the undersigned offer, personally appeared SCOTT L. BANEY, known to me or satisfactorily proven to be the person whose narne is subscribed to the within Marriage Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. NOTARY PUBLIC NOTARIAL SEAL DIANE M SMITH Notary Public LOWER ALLEN TWP CUMBERLAND COUNTY 10 My Commission Expires Jun 22, 2008 c^,r rv ? c:? ?' ? '7?1 <;' .? ?':.... l 1"! r:.... ? .A... -r , -; ? ? ?.' - . _, C.T3 . ,, ,_, ,- .'.. r . ,? ?_ .\_ V 5:.; R ? ,-, _. i '-:?i i'+.r ::?3 JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -1417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT UNDER & 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 3, 2008 with service being accepted on March 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: VG? J M. ys f/k/a Jaclyn M. Baney -TI '71 "C c -n .r.'.., jy JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -1417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT UNDER 4 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 3, 2008 with service being accepted on March 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 11-7109- _ cA - _ Scott L. Baney - C= r -n y? y l R.J) j ?s JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 -1417 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 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. Philo 0. Date: ('??/mot Ja M. K ys fWa Jaclyn M. Baney :7 ' f7- : cn c'r JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -1417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -4 3301(c) OF THE DIVORCE CODE I . 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: 6/17/0S J?Ley Scott L. Baney » ? sp JACLYN M. BANEY, Plaintiff V. SCOTT L. BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -1417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT THE 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: mutual consent and irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service received and signed by Defendant's attorney, Murrell R. Walters, III, Esquire on March 6, 2008. 3(b). Date of execution of the affidavit required by § 3301(c) of the Divorce Code: By Plaintiff: The 14th day of June 2008; By Defendant: The 17th day of June 2008. 4. Related claims pending: None. 5(b). Date Waiver of Notice of Intention to Request Entry of Divorce Decree was filed with the prothonotary: By Plaintiff: The 14th day of June 2008; By Defendant: The 17th day of June 2008. ??,. t? . r..l L ,_ ? r 9 ? r . -. .f ` i? ?.. J - _ z n ?? ?_ ?' ? a _---t ??? ? IN THE COURT OF COMMON PLEAS JACLYN M. BANEY, AND NOW, Z Z' was IT IS ORDERED AND Plaintiff VERSUS Defendant No. 2008-1417 Civil DECREE IN DIVORCE DECREED THAT AND OF CUMBERLAND COUNTY STATE OF PENNA. JACLYN M. BANEY SCOTT L. BANEY 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 parties Marital Settlement Agreement dated June 25, 2008 is incorporated but not mercied herein as a final Order of Court. BY THE COURT: ATTE _ J. PROTHONOTARY 4r }