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Home My WebLink About04-1035 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 04 - 16M (};(,,)~l. ~12...'i CIVIL ACTION - LAW IN DNORCE MARY A MACDONALD, Plaintiff JEFFREY W, MACDONALD, Defendant 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 annulntent 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 Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania 17013, IFYOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, ~WYER'S FEES, OR EXPENSES BEFORE A DNORCE 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 BY: - S enH weII,Esq e 6 I 9 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court lD. 62063 ATTORNEY FOR PLAINTIFF MARY A. MACDONALD, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01{ - I clS cl~~l <-y-~"" JEFFREY W. MACDONALD, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE COUNT I 1. Plaintiff is MARY A. MACDONALD, an adult individual currently residing at 517 Terrace Drive Street, Cmnberland County, New CmnberIand, Pennsylvania 17070, 2. Defendant is JEFFREY W. MACDONALD, an adult individual currently residing at 834 Bay Street, Rochester, New York, 14614. 3. Plaintiff is bona fide resident of the Commonwealth of Pennsylvania and has been so for at least six (6) months immediately previous to the filing of this Complaint. Plaintiff resides in Pennsylvania with the parties' minor child, 4. Plaintiff and Defendant were married on January 7, 1986, in Fort Richie, Maryland. 5. There have been no prior actions for divorce or annuhnent between the parties. 6. Plaintiff has been advised of the availability of counseling and 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. 7. Plaintiff and Defendant are citizens of the United States of America. 8. The parties' marriage is irretrievably broken. 9. Plaintiff desires a divorce based upon (a) the belief that Defendant will ninety (90) days from the date of the filing of this Complaint consent to this divorce in accordance with Pa. C,S.A. ~ 330l(c); or in the alternative, (b) the fact that Defendant has offered such indignities to the person of the Plaintiff; the innocent and injured spouse, as to render her condition intolerable and life burdensome and this action is not collusive, WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce between Plaintiff and Defendant, COUNT II : EQUITABLE DISTRIBUTION 10, Paragraphs 1-9 are incorporated herein by reference as if set forth in their full text. 11. Plaintiff and Defendant own certain benefits and retirement plans available through their past and present employment which are subject to equitable distribution. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant have incurred various debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' real and personal property and equitably apportioning the parties' debts and obligations incurred by them Respectfully submitted, BY: even Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 (71 7) 770-1277 Supreme Court I.D, 62063 VERIFICATION I verifY that the statements made in this Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C,S.A. ~ 4904, relating to unswom falsification to authorities. DATE: 2/2 I 0 Lj 1~1l~l,~~ 0- r f::) o(Q. A:;J ~ - 1- - ...0 ~ D 0 0 , ~ "I () CI') (~ ....., {)I -, <= (") ~ ( .~ C~ -n C D ~.~;... ::-.1 ~ - , ;:;c, -n ".-" V) ~ --u >.J in if: '-.1 ",-' ~ p.:- C) c:) " --- 'p---- -'" -,; ~ -1.-.-.. - r-ii r-- r".) / Q-.( -- -- ~...... _-J MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM ACCEPTANCE OF SERVICE I, JEFFREY W. MACDONALD, hereby accept service of a Complaint in Divorce endorsed with a Notice to Defend in the above captioned case on II fJr I / :J. '1 f , :!JlO tJ- 2004 by postage prepaid, first class United States mail addressed to me at the following address: Jeffrey W. MacDonald Apartment lE 312 West Seneca Street Manlius, NY 13104 BY: (itJ~tir ~:tn~t:dq STATE OF Ale.w Yay/.- COUNTY OF O/1..i)J~ On this, the 27 day of / Jpn I 2004, before me, aN otary Public, the undersigned officer, personally appeared JEFFREY W. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal BY:~ '----1;;t~LJJ SUSAN MALISZEWSKI otary Public Notary Public in the State of New York .., Qualified in Onondaga County My CommissIOn Expires: Registration No. OlMA5056125 My Commission Explr(>s F~b. 26.dtJtJ/n ss (') c u~ t.1;.lfg Ze~:l (j) .~,," ~/"""":'. ~r3 ~(.) ~o J>c Z ~ ..... = <::> ...,.. J> -a ::u w o !;fl W3J 'r;:; ~6 ~-" 0:0 20 Om ._~ ;T> ~ -a :r ~ w -4 MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM PLAINTIFF'S AFFIDAVIT OF CONSENT TO A SECTION 3301(C) DIVORCE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 10,2004. 2. The marriage of the 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 aftf:r service of notice of intention to request entry ofthe decree. By:-f)1(h1AJj~ , . MfJitY A. MACDONALD Verification I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: tjz5jbY By:if}f)lI rcM1O-eD~L , ~. A, MACDONALD r;! Q. ~ ....,\ ~- ~ ~~ .,;' ~ .m ''is """ 1;~ -"Ol._"\ u ~ rtJ'-',:. c.,:l ~. 'Z,t 0 ~ %)i-;,'. iJ, "'" --0 '% 2C.~ '5- 0 ~c "'" %0. ~ 'f! y~ ~ MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JEFFREY W. MACDONALD, DEFENDANT CIVIL ACTION - DIVORCE NO. 04 - 1035 CIVIL TERM PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~,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 . Verification I verifY that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to th,~ penalties of 18 Pa. C.S,A. 94904, relating to unsworn falsification to authorities. Date: f/zr/c '-I BY:i'Ylo~~~~d. M Y A. MACDONALD 2 ~. -O'l.:.L, f\"\,Q: -7 _'_ 6fr tft,/-~ .c., r.;C> ~ "37(: bO 7C- ~ ~ ';? ~ G" '-" c:::> Q. ~ "'~ ~~ 06 ';fT1 "" ?i1 :::<: -0 ';:J: N o- N 0' MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 10, 2004. DEFENDANT'S AFFIDA VlT OF CONSENT TO A SECTION 3301(C) DIVORCE 2. The marriage of the Plaintiff and Defendant is inretrievably 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 divofCI~ after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unswom falsification to authorities. YiI:~i,fL.IJi~~ BY: Date 'B \ "II()~ STATEOF NeW ~I(\L- 1HOMA.8 F. 8~ NaIIIIY PubIkl. State Cll NeW'tlIIk No. 018A6094218 . ss QuaIlfled In ()nonc!aCJ& eauntr COUNTY OF O'flOYl.L.u5o-/ ~ ExplrMJune 1" aG_ On this, the )..L day of F1~' ist, 2004, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY . MACDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes in contained. IN WI NESS WHEREOF, \ hereunto set my hand and official seal BY: Notary Public My Commission Exp (') ...., = 0 c = -n ~ .z:- :r"" (/) -j 'Jr._ CI,:){r. r"1 Ff.i-n -u flp :::=::(- , -om U}.~ -.)Q w '6 ~S (_J v ';:1..,-, ;:;'-2: -~ '.)0 "-""c 6rT! 2: ?5 =< .s:- o;:- "< [" '~-:":,~!t'~"'_) ;:'f ~,\_t-~-~-'Hr )fl'~}' W',;" .> ~.,;.-,l3 ':;"':~W1 ..'i.l.JoM (I: I;,'. ':__"~~ "::i .O~~ V1n!.'n:~ ii' '/ ~j ,~,;,..~f~nO - "'~ .,.l !;H~,,(. ';~-i "i.i~.:J "C'(';""li""'?.\"';:1 MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM PETITION TO ADOPT AGREEMENT AS CUSTODY ORDER 1. Plaintiff Mary A. MacDonald is an adult individual residing at 517 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania 17070. She is represented by Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070. 2. Defendant Jeffrey W. MacDonald is an adult individual residing at Apartment IE, 312 West Seneca Street, Manlius, New York 13104. He is unrepresented. 3. On February 2,2004 the parties entered into an agreement attached hereto as Exhibit" A" regarding custody which states: Husband and Wife agree that they shall share legal custody of Jordan R. MacDonald (DOB April 11, 1990) with Wife having primary physical custody. Both parties agree that Husband shall have liberal periods of visitation with his son and that this Agreement may be entered as a Custody Order by the Cumberland County Court of Common Pleas. 4. Plaintiff is not aware of any other proceeding in this or any other jurisdiction regarding the child. Defendant does not oppose entry of this Agreement as a Custody Order. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Custody Order as set forth above and agreed to by the parties. Respectfully submitted, BY: ~ teven ~ quire 619 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court LD. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Jeffrey W. MacDonald Apartment 1 E 312 West Seneca Street Manlius, NY 13104 Date: November 17, 2004 -~ SETTLEMENT AGREEMENT ~O i AND NOW, this ~ day of r-:e.l,f~ ' 20~MARY A. MacDONALD (hereinafter referred to as "Wife") and JEFFREY W. MacDONALD (hereinafter referred to as "Husband") for and.in consideration of the mutual covenants contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound do hereby mutually agree as follows: 1. Husband and Wife agree that Wife shall file a No Fault Divorce Complaint with the Cumberland County Court of Common Pleas in the Commonwealth of Pennsylvania and both parties shall timely execute Affidavits of Consent and a Waiver of Notice ofIntention to Request Entry of a Divorce Decree within ninety (90) days after Husband is served with a certified copy of the Divorce Complaint. Husband agrees to execute an Acceptance of Service of the Divorce Complaint within seven (7) days of its receipt by postage prepaid first class United States Mail. 2. Husband and Wife agree that they shall share legal custody of Jordan R. MacDonald (DOB April 11, 1990) with Wife having primary physical custody. Both parties agree that Husband shall have liberal periods of visitation with his son and that this Agreement may be entered as a Custody Order by the Cumberland County Court of Common Pleas. 3. Husband and Wife agree that Wife shall be awarded in accordance with a separate Qualified Domestic Relations Order the sum of Six Hundred and 00/100 ($600.00) Dollars per month from Husband's U.S. Army pension. Wife shall be entitled to any cost of living increases associated with the $600.00 per month which is approximately 44.51 % of the marital portion of the U.S. Army Pension. The marital portion of the U.S. Army Pension is $1,348.00 per month. Husband agrees to timely execute within seven (7) days of their delivery to his home address any documents necessary to establish the QDRO with the Defense Finance and Accounting Center. However, Husband and Wife agree that the figures to be used for the Defense Finance and Accounting Service shall state that: "Wife is awarded 34.11 % of Participant's (Husband) monthly pre-tax benefit including all cost of living increases. Alternate Payee's (Wife) monthly benefit shall be reduced by all applicable State, Federal and local taxes:" It should be noted that 34.11 % is equal to $600.00 of the $1,759.00 monthly U.S. Army pension. 4. Husband shall pay child support to Wife calculated in the amount of Seventeen Percent (17%) of his Gross Monthly Income (excluding the $600.00 paid to Wife from the U.S. Army Pension). In no event shall Husband's monthly child support be less than Two Hundred and 00/1 00 ($200.00) Dollars per month. Husband shall pay this sum by direct deposit into a financial account designated by Wife. In the event Husband is more than thirty (30) days late in making such a child support payment, Wife may filed a complaint for child support with the Cumberland County Domestic Relations Section and Husband consents to the exercise of jurisdiction by the Cumberland County Court of Common Pleas in any child support matters. ft\ 5. Husband shall execute a Quit Claim Deed for Wife's home located at 517 Terrace Drive in New Cumberland, Pennsylvania 17070. 6. Wife has been represented by Steven Howell, Esquire. 7. Husband has not been represented by counsel although he was advised to do so prior to executing any documents. Husband agrees that Wife's counsel has provided no advice to him at any time in this matter. 8. Husband and Wife agree that all personal property in their present possession unless otherwise set forth above shall be their sole and separate property. 9. Husband and Wife waive any other claims they might have against each other including the division of debts, alimony, spousal support, alimony pendente lite or counsel fees. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: BY: vrll fXM.iJ1)J\CUJkoJ~WITNESS ~- M~ A. \;acDonald ~ V f7~0.rv1ah./ ~)WITNEg(' J.-1lYotJcjf{().<<z, 'iefffey W. MacDonald / () \.' BY: STATE OF ~0 ~ ()J' \C ss COUNTY OF Onthis,the \a-.-\':" dayof )}l"((tn.7... 2003, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY W. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within " , , document and acknowledged that they executed the same for the purposes therein contaise.d~ J:~_: . WITNESS WHEREOF, I hereunto set my hand and official seal ." . " l~~~c /zC-{C~vf Not&:'y Public My Commission Expires: ~rt-\'l fJu)L BY: NcWtal Seal 1ic: Yolanda 1.. Cramp. NotarY Pub Palrview 1\vp.. 'fOlk Co,":Y 21006 My CommisaiOn BxpiICI Apr. , . M8r1bf,r _r.'AI~1 "fUC' "C~Clt""" COMMONWEAL TH OF PENNSYLVANIA COUNTY OF c..l.UI..l,.st ~~ ~O __\A ~ On this, the 2.. day of re>"J ~ 20~ before me, a Notary . Public, the undersigned officer, personally appeared--MARY A. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal a~l;6tvdt Notary Public My Commission Expires: S8 BY: Notarial Seal Bent T. Howell. N~ Pl,Ibllc New Cumbcrlaad Boro. .Cumberlalld Ca\IfttY My Commission Expu-es May 10. 2005 Member, pennsytvaniaASSOClatlOn otNotar1e8 Q 1..... :...'1, i:' 2~; ~..-- -< ,...-:1 = C:.:> ....- o -n .....{ -r iilP:; -nFl ~';~S ':") ril -'.. "",'- C~ ~::: OJ ~}:.: C...J v,, i~~' NOV 2 4 2004i ~ L1 :zt, MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM ORDER OF COURT ANDNOW,this ~~YOf ~~ , 2004 it is hereby ORDERED that the terms of the parties' February 2, 2004 Agf(~ement is adopted as a Custody Order and Plaintiff and Defendant shall share legal custody of Jordan R. MacDonald (DOB April 11, 1990) with Plaintiff Mary A. MacDonald having primary physical custody. Both parties agree that Defendant Jeffrey W. MacDonald shall have liberal P1eriods of visitation with his son. J. Certified Copies To: ~teven Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 . >~ ~S 11-30.0t ~ffrey W. MacDonald Apartment 1 E 312 West Seneca Street Manlius, NY 13104 ItJN~"ln)'SNtJ9d lIN'rlO'" rr~:Ie ,--" '-'r-"'r'j:J 'U It .), ~'J,' .}-:-''''f.....,..M;!l .... '-, '"--- -,-.1 '1 to :? ~ld Dt AON ?OOl ^-d'tlOi\Df-JJ.OOd 3Hl :10 3:JU:!O-03"7!::I MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - ] 035 CIVIL TERM PETITION TO ADOPT AGREEMENT AS CUSTODY ORDER 1. Plaintiff Mary A. MacDonald is an adult individual residing at 517 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania 17070. She is represented by Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070. 2. Defendant Jeffrey W. MacDonald is an adult individual residing at Apartment IE, 312 West Seneca Street, Manlius, New York 13104. He is unrepresented. 3. On February 2,2004 the parties entered into an agreement attached hereto as Exhibit "A" regarding custody which states: Husband and Wife agree that they shall share legal custody of Jordan R. MacDonald (DOB April 11 , 1990) with Wife having primary physical custody. Both parties agree that Husband shall have liberal periods of visitation with his son and that this Agreement may be entered as a Custody Order by t.he Cumberland County Court of Common Pleas. 4. Plaintiff is not aware of any other proceeding in this or any other jurisdiction regarding the child. Defendant does not oppose entry of this Agrec::ment as a Custody Order. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Custody Order as set forth above and agreed to by the parties. Respectfully submitted, BY: even.ij() el, E quire 619 Bridge Street New Cumberland, P A 17070 (717) 770..1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prt~paid, first class United States Mail addressed as follows: Jeffrey W. MacDonald Apartment IE 312 West Seneca Street Manlius, NY 13104 Date: November 17,2004 .-~ SETTLEMENT AGRE]~MENT " 0 '"\ AND NOW, this ~ day of P=e\"'f~_, 20~MARY A. MacDONALD (hereinafter referred to as "Wife") and FFREY W. MacDONALD (hereinafter referred to as "Husband") for and,in consideration of the mutual covenants contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound do hereby mutually agree as follows: 1. Husband and Wife agree that Wife shall file a No Fault Divorce Complaint with the Cumberland County Court of Common Pleas in the Commonwealth of Pennsylvania and both parties shall timely execute Affidavits of Consent and a 'Naiver of Notice ofIntention to Request Entry of a Divorce Decree within ninety (90) days after Husband is served with a certified copy of the Divorce Complaint. Husband agrees to execute an Acceptance of Service of the Divorce Complaint within seven (7) days of its receipt by postage prepaid tirst class United States Mail. 2. Husband and Wife agree that they shall share legal custody of Jordan R. MacDonald (DaB April 11, 1990) with Wife having primary physical custody. Both parties agree that Husband shall have liberal periods of visitation with his son and that this Agreement may be entered as a Custody Order by the Cumberland County Court of Common Pleas. 3. Husband and Wife agree that Wife shall be awarded in accordance with a separate Qualified Domestic Relations Order the sum of Six Hundred and 00/100 ($600.00) Dollars per month from Husband's U.S. Army pension. Wife shall be entitled to any cost ofliving increases associated with the $600.00 per month which is approximately 44.51 % of the marital portion of the U.S. Army Pension. The marital portion of the U.S. Army P,ension is $1,348.00 per month. Husband agrees to timely execute within seven (7) days of their delivery to his home address any documents necessary to establish the QDRO with the Defense Finance and Accounting Center. However, Husband and Wife agree that the figures to be used for the Defense Finance and Accounting Service shall state that: "Wife is awarded 34.11 % of Participant's (Husband) monthly pre-tax benefit including all cost of living increases. Alternate Payee's (Wife) monthly benefit shall be reduced by all applicable State, Federal and local taxes." It should be noted that 34.11% is equal to $600.00 of the $1,759.00 monthly U.S. Army pension. 4. Husband shall pay child support to Wife calculated in the amount of Seventeen Percent (17%) of his Gross Monthly Income (excluding the $600.00 paid to Wife from the U.S. Army Pension). In no event shall Husband's monthly child support be less than Two Hundred and 00/1 00 ($200.00) Dollars per month. Husband shall pay this sum by direct deposit into a financial account designated by Wife. In the event Husband is more than thirty (30) days hUe in making such a child support payment, Wife may filed a complaint for child support with the Cumberland County Domestic Relations Section and Husband consents to the exercise of jurisdiction by the Cumberland County Court of Common Pleas in any child support matters. I' 1\ 5. Husband shall execute a Quit Claim Deed for Wife's home located at 517 Terrace Drive in New Cumberland, Pennsylvania 17070. 6. Wife has been represented by Steven Howell, Esquire. 7. Husband has not been represented by counsel although he was advised to do so prior to executing any documents. Husband agrees that Wife's counsel has provided no advice to him at any time in this matter. 8. Husband and Wife agree that all personal property in their present possession unless otherwise set forth above shall be their sole and separate property. 9. Husband and Wife waive any other claims they might have against each other including the division of debts, alimony, spousal support, alimony pendente lite or counsel fees. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: BY: ili ~~)J\ClP~ccP~WI1NESS: /~/- M A. acDonald ~ 9:tt'tbJ.!J1ah.[~jWI1NE~ JJ~,~wlc;<~(}"t, e ey . MacDonald BY: " STATE OF ~\-i ~~'\L ss COUNTY OF On this, the \d- +:'" day of bf ({' f"'--' 2003, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY W. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within ,.' , . document and acknowledged that they executed the same for the purposes therein contaiseA, J~':' . WITNESS WHEREOF, I hereunto set my hand and official seal " '. ' .' ~ c I<..Ctt!Vv 1 Not Public My Commission Expires: ~rt'd f' JOJL BY: ~~' Notarial Seal Public "tolaDdl L. CramP. Palrvlcw Twp.. ~~8Y2006 , My Commi8IIOIl B1lplIeI~' . M8ftt)8r.,.~/IlIll~ .... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CV0..4l,.st ~J 1\0 __ \... (\~ On this, the 2.. day of re,.Y"~ 20yo, before me, a Notary . Public, the undersigned officer, personally appeared ARY A. M:acDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal a~I?6t()~ Notary Public My Commission Expires: ss BY: Notarial Seal Berit T. Howell. Notaty Pl,tbUc; New Cumbcdud Boro. Cumber\uld Cew\ty My Commission Expires May 10, 2005 Member, Pen/lSYlV8rlIaA98OClation ot Nollt'\eI q ,..~ 0 <= ( C...:l Ti J::"" -'.. ..-i ""'- -r ......., c:: ill .. ," , ..~ F < :~! rq " 0) i"l~S , - :- , -d '. ::..1,'- () rn c.. ...r':~:. -.., c.....1 ... -~ c...: ~ - rs NOV 2 4 2004 ~ MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER FOR THE DIVISION OF PENSION BENEFITS AND NOW, this ~y of ~ ~ Court that: ,2004, it appearing to the 1. Parties to Divorce Action. The parties to this ac:tion are Jeffrey W. MacDonald ("Participant") and Mary A. MacDonald ("Spouse"). 1.1. Spouse's name, address and social security number are as follows: SSN: Mary A. MacDonald 517 Terrace Drive New Cumberland, PA 17070 190-60-8782 Name: Address: 1.2. Participant's name, address and social security number are as follows: SSN: Jeffrey W. MacDonald Apartment 1 E 312 West Seneca Street Manlius, NY 13104 066-60-5705 Name: Address: 1.3 hereto) dated The partes were divorced by Order of this Court (a certified copy is attached , _ 2004. The Decre(: has not been amended. 2. Plan. This Order applies to the Participant's Army Pension. The Agency responsible for administering this Order is the Defense Finance and Accounting Service, Cleveland Center, Code L, P.O. Box 998002, Cleveland, Ohio 44199-8002, telephone (216) 522- 5301. 3. Interpretation and Construction of Order. '--..J.~~~ .,,-~........,......... _ J ................._ 3.1 Benefits" . The parties intend this Order (the "Order") to constitute a "Division of Pension 3.2 Nothing in this Order shall be construed to require the Plan to provide: 3.2.1. Any type or form of benefit, or any option, not otherwise provided under the Plan. 3.2.2. Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to the Participant if the Order did not apply. 3.2.3. Benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. IT IS ORDERED, ADJUDGED AND DECREED ~S FOLLOWS: 4. Alternate Payee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a pOlfion of the benefits payable with respect to Participant under the Plan. For purposes of the Order" the Alternate Payee is: 4.1. Former Spouse, Mary A. MacDonald. 5. Amount of Distribution to Alternate Payee. The amount to be distributed to Alternate Payee from Participant's Accounts in the Plan shall be determined as provided in this Paragraph 5, and shall be paid in the form as described in Paragraph 6, commencing on the date as described in Paragraph 7 from the following sources: Jeffrey W. MacDonald's Army Pension administered by the Defense Finance and Accounting Service. 5.1. Alternate Payee shall receive a monthly benefit based upon the following: Alternate Payee shall receive 34.11% of Participant's monthly pre tax benefit including all cost of living increases. Alternate Payee's monthly benefit shall be reduced by all applicable State, Federal and local taxes. 6. Form of Distribution. The distribution to Alt~rnate Payee contemplated by this Order shall be made in the form of direct payments to the Alternate Payee as of the date of distribution. 7. Distribution Date. The distribution to Alternate Payee contemplated by this Order shall be made as soon as administratively practicable foUowing the Agency's determination that this Order is a division of pension benefits of Participant's retirement. VI~'1"'i\l)"SNt -J~rf A1JNln"....,'~, ,-", ,4, .-:.:!:.:' :'\...1..,_ ,,!;__1-;:- 'N "! ,!,\In" I. : -'-~;::f~l h..) M:JroAS ~ aAMOHf tJfIIt WjJIl1 to .lJS18 .~ 1IIiIIII els~oaAatO .oM ~ 6U8bno:"() tit belfttauO _0$ .or enut. ililliqx3 no~ CO :1] t{d OS AON ~oaz Al1tlOf<C, i',hl08d :1LJ'l' :10 -rJ" I . fl"'" -II j .)!j~,-r(]3113 MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM PETITION FOR ENTRY OF QUALIFIED DOMESTIC RELATION ORDER REGARDING U.S. ARMY PENSION 1. Plaintiff Mary A. MacDonald is an adult individual residing at 517 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania 17070. She is represented by Steven Howell, Esquire of 619 Bridge Street, New Cumberland, PelUJsylvania 17070. 2. Defendant Jeffrey W. MacDonald is an adult individual residing at Apartment IE, 312 West Seneca Street, Manlius, New York 13104. He is unrepresented. 3. On February 2,2004 the parties entered into an agreement attached hereto as Exhibit "A" regarding Defendant's U.S. Army Pension which states: Husband and Wife agree that Wife shall be awarded in accordance with a separate Qualified Domestic Relations Order the sum of $ix Hundred and 00/100 ($600.00) Dollars per month from Husband's U.S. Army pension. Wife shall be entitled to any cost of living increases associated wiith the $600.00 per month which is approximately 44.51010 of the marital portion of the U.S. Army Pension. The marital portion of the U.S. Army Pension is $1,348.00 per month. Husband agrees to timely execute within seven (7) days of their delivery to his home address any documents necessary to establish the QDRO with the Defense Finance and Accounting Center. However, Husband and Wife agree that the figures to be used for the Defense Finance and Accounting Service shall state that: "Wife is awarded 34.11% of Participant's (Husband) monthly pre-tax benefit inc1udin~ all cost of living increases. Alternate Payee's (Wife) monthly benefit shallibe reduced by all applicable State, Federal and local taxes." It should be noted that 34.11 % is equal to $600.00 of the $1,759.00 monthly U.S. Army pension. 4. Plaintiff has drafted a Qualified Domestic Relations Order in accordance with the parties' Property Settlement Agreement. 5. Plaintiff has filed contemporaneously with this Petition the Praecipe to Transmit the Record to obtain a Final Decree in Divorce. 6. The parties have executed a separate Stipulation requesting entry of this QDRO as attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Qualified Domestic Relations Order as set forth above and agreed to by the parties. Respectfully submitted, BY: even Howell, squire 619 Bridge Street New Cumb{:rland, P A 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Jeffrey W. MacDonald Apartment 1 E 312 West Seneca Street Manlius, NY 13104 Date: November 17,2004 ,~ SETTLEMENT AGRE,EMENT ~n i AND NOW, this ~ day of r-:e\"'/~ _, 20~MARY A. MacDONALD (hereinafter referred to as "Wife") and FFREY W. MacDONALD (hereinafter referred to as "Husband") for and.in consideration of the mutual covenants contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound do hereby mutually agree as follows: 1. Husband and Wife agree that Wife shall file alNo Fault Divorce Complaint with the Cumberland County Court of Common Pleas in the ComhlOnwealth of Pennsylvania and I both parties shall timely execute Affidavits of Consent and a'Waiver of Notice ofIntention to Request Entry of a Divorce Decree within ninety (90) days after Husband is served with a certified copy of the Divorce Complaint. Husband agrees to execute an Acceptance of Service of the Divorce Complaint within seven (7) days of its receipt b}1 postage prepaid first class United States Mail. 2. Husband and Wife agree that they shall share legal custody of Jordan R. MacDonald (DO B April 11, 1990) with Wife having primary physical custody. Both parties agree that Husband shall have liberal periods of visitation with his son and that this Agreement may be entered as a Custody Order by the Cumberland County Court of Common Pleas. 3. Husband and Wife agree that Wife shall be awarded in accordance with a sepanite Qualified Domestic Relations Order the sum of Six Hundred and 00/1 00 ($600.00) Dollars per month from Husband's U.S. Army pension. Wife shall be en.itled to any cost ofliving increases associated with the $600.00 per month which is approximatel~ 44.51 % of the marital portion of the U.S. Army Pension. The marital portion of the U.S. Army Pension is $1,348.00 per month. Husband agrees to timely execute within seven (7) days of their delivery to his home address any documents necessary to establish the QDRO with the Defense Finance and Accounting Center. However, Husband and Wife agree that the figures to be used for the Defense Finance and Accounting Service shall state that: "Wife is awarded 34.11% of Participant's (Husband) monthly pre-tax benefit including all cost ofliving increases. Alternate Payee's (Wife) monthly benefit shall be reduced by all applicable State, Federal and local taxes." It should be noted that 34.11% is equal to $600.00 of the $1,759.00 monthly U.S. Army pension. 4. Husband shall pay child support to Wife calculated in the amount of Seventeen Percent (17%) of his Gross Monthly Income (excluding the $~OO.OO paid to Wife from the U.S. Army Pension). In no event shall Husband's monthly child support be less than Two Hundred and 00/1 00 ($200.00) Dollars per month. Husband shall pay this sum by direct deposit into a financial account designated by Wife. In the event Husband if more than thirty (30) days late in making such a child support payment, Wife may filed a complaint for child support with the Cumberland County Domestic Relations Section and Husband consents to the exercise of jurisdiction by the Cumberland County Court of Common Pleas in any child support matters. 5. Husband shall execute a Quit Claim Deed for Wife's home located at 517 Terrace Drive in New Cumberland, Pennsylvania 17070. 6. Wife has been represented by Steven Howell, Esquire. 7. Husband has not been represented by counsel although he was advised to do so prior to executing any documents. Husband agrees that Wif~'s counsel has provided no advice to him at any time in this matter. 8. Husband and Wife agree that all personal property in their present possession unless otherwise set forth above shall be their sole and separate property. 9. Husband and Wife waive any other claims they might have against each other including the division of debts, alimony, spousal support, alimony pendente lite or counsel fees. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: BY: ifl ~~~~rilJh~~WI1NESS: ~4<- M A. acDonald ,/, BY: e ey . MacDonald { .. STATE OF ~(1 ~~ \C ss COUNTY OF On this, the \a- +~ day of Df(C h\1..... 2003, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY VV. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within . document and acknowledged that they executed the same for the purposes therein contai~d~ :tN ::- " WITNESS WHEREOF, I hereunto set my hand and official seal_,.~' - " . BY: lk'r~c. I::C~()vVJ1 ~ublic My Commission Expires: ~ft'd f'JebL ~ NotaJ~ Seal lie Yolanda 1.. Cramp. NoWY Pub Pairvicw 11'w1!.. -rork Co,":Y 2006 My eommiu~ BXpIIeI Apt. , Aa8OC~ ..... ...... COMMONWEAL TH OF PENNSYLVANIA COUNTY OF c.lA.4 L,,si '*'--~ An __\_ ~ On this, the 2.. day of t-e""''' ~ 20% before me, a Notary . Public, the undersigned officer, personally appeared ARY A. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscrilbed to the within document and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal a~h6tvwt Notary Public My Commission Expires: ss BY: Notarial Seal Berit T. Howell. NOW)' Public New Cumberlud Boro. .Cumberland Cl1WIty My Commission Exp1l'es May 10. 200S Membel', pennsytvanlaAs8OCl8t1on otNotMeS ~ MARY A. MACDONALD, PLAINTIFF IN Tl[E COURT OF COMMON PLEAS CUMIBERLAND COUNTY, PENNrSYL VANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 .. 1035 CIVIL TERM STIPULATION FOR ENTRY QF QUALIFIED DOMESTIC RELATIONS ORDER le8all~ bottnd and waiving their right to be present when this Agreement and Order are presented and executed by the Court, do hereby stipulate and agree that the Court may enter the attached Otd€::r of Court. IN WITNESS WHEREOF, the parties intending tp be bound by the terms and conditions of this Agreement execute this Agreement as set forth below. AGREED TO AND CONSENTED TO BY: BY:~~atcL . MacDonald Date: BY: ~h"JIJJ.IV/J ~ e ly W( MacDonald Date: THOMAS F. SAl28ERG Notary Public, State of New York No.01SA6094218 ft_~~llfIed In Onondaga Oourlty . \Nmuu88lon ExpIres June 16, 2O:!a.. '~f ~ STATE OF S3 COUNTY OF On this, the day of 2004, before me, a Notary Public, the undersigned officer, personally appeared JEFFlU:V W. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal BY: Notary Public IIlJnJ'Milr1i1lnr'flilf 'r_..,~"" COMMONWEALTH OF PENNSYL VANIA COUNTYOF C.~"V\~ \~ On this, the \b day of I\.) D v ~ e. ~ 2004, before me, a Notary . Public, the undersigned officer, personally appeared MARY A.. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes th(~rein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal ss BY: ~-%~ Notary Public My Commission Expires: Notarial Seal Bent T. Howell, Notary Public New Cumbcrlud BolO. Cumberland County My Commission Expires May 10. 200S Member, Pennsy\vaniaAssociationotNotarles '" - ~ r-: t.,'- () ( :.:, .~~( ,......." C,,;':' ~ '~~) () -n .-\ -r i 1'1 r'" -(]'~'=\ } \..... ( '\ (') '? -~l , (') <:{il ..r'~ ......' .- -1'" ..,.~ .. C' ....::: OJ =.:::. -",'., (,,) s.;- ./ SETTLEMENT AGREEMENT nO i ANDNOW,this~dayof I-e.l.,f~ ,20~MARY A. MacDONALD (hereinafter referred to as "Wife") and FFREY W. MacDONALD (hereinafter referred to as "Husband") for and.in consideration of the mutual covenants contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound do hereby mutually agree as follows: 1, Husband and Wife agree that Wife shall file a No Fault Divorce Complaint with the Cumberland County Court of Common Pleas in the Commonwealth of Pennsylvania and both parties shall timely execute Affidavits of Consent and a Waiver of Notice ofIntention to Request Entry of a Divorce Decree within ninety (90) days after Husband is served with a certified copy of the Divorce Complaint. Husband agrees to execute an Acceptance of Service of the Divorce Complaint within seven (7) days of its receipt by postage prepaid first class United States Mail. 2, Husband and Wife agree that they shall share legal custody of Jordan R. MacDonald (DOB April II, 1990) with Wife having primary physical custody, Both parties agree that Husband shall have liberal periods of visitation with his son and that this Agreement may be entered as a Custody Order by the Cumberland County Court of Common Pleas, 3. Husband and Wife agree that Wife shall be awarded in accordance with a separate Qualified Domestic Relations Order the sum of Six Hundred and 00/100 ($600,00) Dollars per month from Husband's U.S. Army pension. Wife shall be entitled to any cost of living increases associated with the $600.00 per month which is approximately 44.51 % of the marital portion of the U.S. Army Pension, The marital portion of the U,S, Army Pension is $1,348,00 per month, Husband agrees to timely execute within seven (7) days of their delivery to his home address any documents necessary to establish the QDRO with the Defense Finance and Accounting Center. However, Husband and Wife agree that the figures to be used for the Defense Finance and Accounting Service shall state that: "Wife is awarded 34.11 % of Participant's (Husband) monthly pre-tax benefit including all cost of living increases, Alternate Payee's (Wife) monthly benefit shall be reduced by all applicable State, Federal and local taxes," It should be noted that 34,11 % is equal to $600,00 of the $1,759,00 monthly U,S, Army pension, 4, Husband shall pay child support to Wife calculated in the amount of Seventeen Percent (17%) of his Gross Monthly Income (excluding the $600.00 paid to Wife from the U,S. Army Pension), In no event shall Husband's monthly child support be less than Two Hundred and 001100 ($200,00) Dollars per month. Husband shall pay this sum by direct deposit into a financial account designated by Wife. In the event Husband is more than thirty (30) days bite in making such a child support payment, Wife may filed a complaint for child support with the Cumberland County Domestic Relations Section and Husband consents to the exercise of jurisdiction by the Cumberland County Court of Common Pleas in any child support matters. 5, Husband shall execute a Quit Claim Deed for Wife's home located at 517 Terrace Drive in New Cumberland, Pennsylvania 17070, 6, Wife has been represented by Steven Howell, Esquire, 7. Husband has not been represented by counsel although he was advised to do so prior to executing any documents. Husband agrees that Wife's counsel has provided no advice to him at any time in this matter. 8, Husband and Wife agree that all personal property in their present possession unless otherwise set forth above shall be their sole and separate property. 9, Husband and Wife waive any other claims they might have against each other including the division of debts, alimony, spousal support, alimony pendente lite or counsel fees, SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: BY: tR ~~Au&'JclW'fNESS ~~/- Ma A, acDonald ~/ . 'I 1 i... , , I. ;' /, qtt "':it.). J11 ah./JhUJe/WITNE S: ~",,, J ,v t..{ J;c e ey , MacDonald , ( , BY: STATE OF YG I ~ (\.! \L ss COUNTY OF On this, the \a- +" day of Dt(c \<,." 2003, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY W. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein contained,IN WITNESS WHEREOF, I hereunto set my hand and official seal 1 L -'. (," ;Xt;) ,.Kelt''''" , Not 'y Public My Commission Expires: t\(Ii"( fJ(\lC BY: NoIari>I Seal . "tolllldA 1.. Cn1IIIl'. NOIaI)' Public Palrview Twp" rod< Couusty 2006 My CommiuioD I!lqllJel Apt. . ._p., ~,... l'~"ClI~ WItR,_, . ~ COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CI.Vl.l,4 ~~ nil _~ \ _ ,,). On this, the 2.. day of re,>"J ~ 201'" before me, a Notary . Public, the undersigned officer, personally appeared ARY A. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal a~I76f</de. ss BY: Notary Public My Commission Expires: Notarial Seal Benl T, Howen, NotarY Public New Cumbcrlalld Boro. .cumberlano Coui&s My Commission ExplM MIly 10. MemIleI. pennsylvanIa AssOCIatIOn 01 NotarIes ---- - '" MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO, 04 - 1035 CIVIL TERM PRAECIPE TO TRANSMIT THE RECORD UNDER SECTION 3301(C) OF THE DIVORCE CODE 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) of the Divorce Code. 2, Date and manner of service of the Complaint: Defendant has executed before a Notary an Acceptance of Service showing service on April 27 ,2004 of the Divorce Complaint endorsed with a Notice to Defend as shown on Exhibit "A". The Acceptance of Service was filed April 30, 2004. 3, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code by Plaintiff on August 25, 2004 (Filed August 30, 2004); by Defendant on August 31, 2004 (Filed September 3,2004). See Exhibit "B". 4. Related Claims Pending: None, All claims settled by Property Settlement Agreement dated February 2, 2004. 5, Date Plaintiff's Waiver of Notice oflntention to File Praecipe was filed with the Prothonotary: August 30, 2004. Date Defendant's Waiver of Notice oflntention to File Praecipe was filed with the Prothonotary: September 3, 2004. See Exhibit "C". - Respectfully submitted, / BY: S en Howell, Esqui e 19 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court J.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Jeffrey W. MacDonald Apartment 1 E 312 West Seneca Street Manlius, NY 13 104 Date: November 17, 2004 ~ C. '~4 "') \',/' .....' I i -:. , MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PBNNSYL VANIA V, CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT NO. 04 - 1035 CIVIL TERM ACCEPTANCE OF SERVICE I, .JEFFREY W. MACDONALD, hereby accept service of a Complaint in Divorce endorsed with a Notice to Defend in the above captioned case on /I j)r I / :J. '1 f 2004 by postage prepaid, first class United States mail addressed to me at the following address: , :!JlO tJ- Jeffrey W, MacDonald Apartment IE 312 West Seneca Street , Manlius, NY 13104 .' ~ >/I /1~S;c:: _ ~ ~ ~, BY: fA),/YI, ~_l U;;J:;i W. MACDO :A~: ::0 if.'p;! AI \I-A 0<?". ;; ~~ STATE OF '(;! (fY/,-, ss ~2 ~ ~~ COUNTY OF . MJ~ 5~~ c;: 5E :< ~ -< On this, the 27 day of Jpa I , 2004, before me, a Notary Public, the ll11dersigned officer, persortal1y appeared JEFFREY W. MacDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein corttained. IN WITNESS WHEREOF, I hereunto set my hand and official seal BY:t/Ci~'---1JA~LJJ SUSAN MALISZEWSKI otary Public Notary Public in the State of New York .., Qualified in Onondaga County My CommissIOn ExpIres: Registration No, OlMA5056125 My Commission E,wes Feb, 26.OItJOin I i EXHIBIT ~ , A ~ r' - --- MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, ,..., = c--" .z- 2:: eP (".) CJ JEFFREY W, MACDONALD, DEFENDANT n CIVIL ACTION - DIVORCE ~ ~~\\;\-" ;~ -p NO. 04 - 1035 CIVIL TERM 6':, PLAINTIFF'S AFFIDA VlT OF CONSENT TO A SECTION 3301(C) DIVORCE "tJ :1', r:-: l'o' 0'" 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 10,2004. 2, The marriage of the 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. By:~JJA~J1rvJL M Y A. MACDONALD Verification I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A, ~4904, relating to unsworn falsification to authorities, Date: .f/z,jlJ'i By~M~d_ A. MACDONALD ! . I EXHIBIT ~ o -n =::l --!""JJ ri1r,- ..,.,\1J crJ t:t '~~ qc, ::':t;~rn ::::, ~L-" "D :..< /'"' r'" rr- i'<< "i' i'l MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT o -n .-, ~c -rl ll'j= urn , ~i)C) .,._.j {...} C)rS TO A SECTION 3301(C) DIVORCE,: "'D :;;::;, ~~8 =c ?;~~ 1, A complaint in divorce under Section 3301(c) of the Divorce Code 'wall fi1e8.on ~';' March 10,2004, :<' :;:. :::2 'T) po, ..., c::> = ..(.- (,/) r'q -~j NO. 04 - 1035 CIVIL TERM DEFENDANT'S AFFlDA VlT OF CONSENT 2, The marriage of the 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. B/h ttf' tVtuf)n<dJlJ FF Y W, MACDONALD . Verification I verifY that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. BY: ~i#tJlI4~J E RE W. MACDONALD Date '3 \,1 I()~ 1HOUAS F. SAlZBERG STATE OF NevJ I-f .('\L- Notary~~~~:rYarlc i ss QuaJlffed In Onon~. ~ COUNTY OF OI)!JYI.J.""Jg-.J CommIulon &pI.... June 18. lO_ On this, the '1 i day of flf#ysb 2004, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY . MACDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes in contained, IN WI NESS WHEREOF, I hereunto set my hand and official seal Notary Public My Commission Exp BY: f-~ ,-~~ .t~~ ~. MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION. DIVORCE JEFFREY W, MACDONALD, DEFENDANT o ~ 0 c: ~ -.", NO. 04 - 1035 CIVIL TERM 'off, ;:: -< cp (.'", c: :t: "Tl ':'-~:; ;~l. (i'~ nl p Ci5:<. (~ -o'm PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO RJ~~~JE~ ~~ ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE D\l\lO]ff;E~F~ CODE ~ :2: ~ 0) ~,< 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 , BY: Verification I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. 94904, relating to unsworn falsification to authorities, BY:~V\aoJ~L MA Y A. MACDONALD Date: f /2 'i/e 'f t . I EXHI81T C. ~ ,~ ~ 1 MARY A. MACDONALD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. '" c::.'Jo 0 ~ -n (./) :::1 1','1 ~L -n -T} r.lp NO. 04 - 1035 CIVIL TER~~ I ~gP3 ;~~~~ : ~~~ DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO R::tQU~T::;'n 2.. -.:..~" ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DlYO~CE~Z CODE CIVIL ACTION - DIVORCE JEFFREY W. MACDONALD, DEFENDANT \! j"\' 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 ifI 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 . BY: qt/A '1W. ;yJH~1 E PRE W, MACD NALD Verification I verify that the statements made in this Affidavit of Consent are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. 94904, relating to unsworn falsification to authorities. DY~Hi/;.J M.l)'" ,t) Date$)3,I,/>'t.l., RE W. MACDONALD .f ), 'IHOMMp.IAt.Z8ERG STATE OF '" e. vJ (0 ( r- ....., PubIIo. 8llIte of New'" ss No. 018ABOlM21' COUNTY OFDtlDl1&-S V/ eo.=: ~~~ On this, the ~ day of &~~;V 2004, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY W. ACDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes erein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal BY, ~ Notary Public My Commission Expire. J'VI\O- i "" I 2 (I t;7 ~ ' c <:+::." ::.:.::.,:.~.::.:: ::,::+::. ')::.::~::. '::+;~("'::.>':>::.::.': >:::.::.;:' >::+::.: :-.::.::~:: >'::+::",::'::<<"::' .+::.::.-: :.::<<.:"-.::.::.:"': ;r+::. -: ::.::.::< :':'::.::.::: ::.;~jt.::.:":'~::;~::c.;{::;'::.X:::':::.K:~~:.c~;;:~;;::.::(}::.::,< :::.::.::;.,:: ::,'::C(>::.::~.f>i~ ~1' '- a ~~ ~ ~l s :1 IN THE COURT OF COMMON PLEAS : ${ ~ y ~ ~.~ ii;; ~ ~ ----~-"--~~-..._~----.q~~~~~~~"' ~~~- ~,~ ~ - ~~~~~..~~-~~~~---~~-~ ~ '.' ,., ~ '".~ ~ 8 " i, ~ ~~ ~ OF COUNTY CUMBERLAND w ~.' PENNA. ~ '.' STATE OF 1i '-' $ .... ~ '.' ~ '-' MARYA. MacDONALD'H rJaintUJ, " II ]1 " ;: I' ,I ,I N o'h04-::)035 qVILHT~~M ~ ~,.' ,., ~L Versns ri. '-' JEFFREY W. ,MacDONALD, ~ ... Defendant ~ ',' ," ~ '.' *- '.' DECREE IN D I V 0 R C E e:r ,):~-'I'~ ",.'" .t-J,~, ,~?,~~'" it is ordered and ~ '.' $. '.' ~ ~.~ i. ~ V AND NOW, decreed that .",.."" MA,RY ,A,', ,M~~D,ONAL!J, ' , , , , . , ' , . , . , , , , , " plaintiff, defendant, w y ~ ~.~ and JEFFREY W. MacDONALD ..........................,...,.......................... , W. ~.I are divorced from the bonds of matrimony. i '.' w. ~.~ 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; ~ '.' ~ ~.~ None. The terms of the parties' Property Settlement Agreement dated' 'Febru'a:rl" 2',' ':200'4' and 'atta:ched' 'het'et:6' al::'e 'inC'drJ;>bl::'a:ted' . , , , , herein, ,but,nC?t,lU,erg~~, ,h,?reY1Hh,., , , .. , , ' , , , , " , , ' , , , , . , , ' , , , , , , , , , , ' , , Prothonotary By ~ !+:~ f.'-: ~ ~ .,." ,'~ , ~ ~.~ I l,ll<l ~ ~ ~.I ~ ~ ~l :4 ~." ~ ~,." ~ ~." ~~.- ~ \0'.1 ~ ~.~ ~ ~." ~ 9 ~ ~ ~." i y ~ ~.~ w. ~." ~ '.' ~ ~." ~ '.' ~ '.' ~ '.' ~ v ~ ~ ~ '.' J. * @ ~ -~--------- ,~-- ~--, ~ .::.::- - - .:.;. - -- .::.::- .::~;.:.::.> - : .::.;. .::.;. .:.;. .::+;. -::.;. ~ ... ~t Of' 'f'37.1?'Lu~J..Jf9ry kJ- 0f.~ II )J~tf J,-ftt \}j''''!.].' ~LV IJOi) . F'3J j, o. <?(' -II