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HomeMy WebLinkAbout08-4533 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MARIE ANN DAUBERT, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No et- t(S 33 PIVI T?Crryt L ANTHONY DAUBERT, Defendant CIVIL ACTION - AT LAW DIVORCE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 0 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MARIE ANN DAUBERT, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : No Of- L1533 ec?.-t ? - L ANTHONY DAUBERT, CIVIL ACTION - AT LAW Defendant DIVORCE AND NOW, comes the Plaintiff, Marie Ann Daubert, by and through her attorney, Jeannd B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Marie Ann Daubert, is an adult individual currently residing at 9 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, L Anthony Daubert, is an adult individual currently residing at 6 Wild Rose Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 1986. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its 00 allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. There is one (1) dependent child from this marriage, namely Joseph Stephen Daubert, born January 10, 1993. 11. This action is not collusive. 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as though fully set forth. 13. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 14. Plaintiff and Defendant are the owners of various items of real and personal property, M furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 15. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, and insurance policies acquired during their marriage, which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a Decree in Divorce; b. Equitably distribute all property, both personal and real, owned by the parties; c. Grant such further relief as the Court may deem equitable and just. WHEREFORE, Plaintiff, Marie Ann Daubert, respectfully requests this Honorable Court grant her relief from the bonds of matrimony and order a Decree in Divorce. Respectfully Submitted: d By. JEANNI, B. COSTOPOUL SQUIRE 6 "1- Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Date: VERIFICATION I, Marie Ann Daubert, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 14904 relating to unworn verification to authorities. Date: 12t/? Marie Ann Daubert ll? a a Q. N ?r TI -11 L°! .1b. JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MARIE ANN DAUBERT, Plaintiff VS. L ANTHONY DAUBERT, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-4533 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Complaint in Divorce filed July 28, 2008 was served upon the Defendant indicated above August 15, 2008, by first class, Certified Mail No. 7007 0710 0001 9994 5122, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: . . JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ???s/? Attorney for Plaintiff Date: t, . ?? e9 ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) u? c es 2. Article Number 10617 O71 d 0081 (Transfer from service label) // A&k PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 B. 13 Agent X S1gn f:pf- Gi'ln& ..e D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 11110 -7 3. Service Type M el LS UL rat ( ?- I Dified Mail ? Express Mail 1 J ? R istered ? Retum Receipt for Mercharxlise fat, . Complete items 1, 2, and 3. Also complete - item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse f*.t.. so tt*,we can return the card tayou. ¦ Attaotwthis.card to the bae>k of the mailpiece, or on the front if space permits. 1. Article Addressed to: L 0A+ ( ttOILOs? l a..K4e, .A... - r: Jay R. Braderman, Esquire Attorney I.D. No. 07047 Todd C. Hough, Esquire Attorney I.D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Defendant MARIE ANN DAUBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4533 CIVIL TERM vs. L. ANTHONY DAUBERT, CIVIL ACTION - AT LAW Defendant DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Jay R. Braderman, Esquire, and Todd C. Hough, Esquire as attorneys for Defendant, L. Anthony Daubert, in the above-captioned action. itted, Date: r Ja /Brach r an, Esquire A or'ey I . D. o.07047 odd C. Hough, Esquire Attorney I.D. No.: 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 CERTIFICATION I hereby certify that 1 am this day serving a true and correct copy of the attached Praecipe For Entry Of Appearance on the following individual by First Class U.S. Mail addressed as follows: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 r a n, Esquire d Jay R Za Att n 0.07047 odd gh, Esquire Aft ney I. No. 91060 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Defendant t-. 'tea , 171 m ? ~.: ~,, . . ~~ FI~.E~J--0FFICE (3F TI-i~ R~CT170~OTARY 2v1~ ~i,T ?E ~~`s 12~ 0~+ JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MARIE ANN DAUBERT, Plaintiff vs. L ANTHONY DAUBERT, Defendant rt~~~~"~~L~~.D CflUP~TY c~.~;~YLYA~~IA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4533 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE MARITAL SETTLE/~jMENT AGREEMENT THIS AGREEMENT is made this ~J `~ day of ~~~ , 2010, by and between MARIE ANN DAUBERT, born November 28, 1955, and L ANTHONY DAUBERT, born June 7, 1961: WITNESSETH: WHEREAS, MARIE ANN DAUBERT (hereinafter referred to as "Wife") and L ANTHONY DAUBERT (hereinafter referred to as "Husband") are husband and wife, having been lawfully married on May 17, 1986, in Camp Hill, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born of the marriage between the parties, namely Thomas Anthony Daubert, born Apri127, 1989, and Joseph Stephen Daubert, born January 10, 1993; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal Initials: ~_ Initials: `~~~~ e' property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, specifically Jeanne B. Costopoulos, Esquire, for Wife, and Jay R. Braderman, Esquire, for Husband, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set Initials: /~ 2 Initials: R. , forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real andfor personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that Initials: ~U 3 Initials: N~ there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Wife has initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at number 08-4533 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that each will promptly sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Initials: ~'NU Initials: GGC1~ ~, , Form and/or any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they own a home and property located at 9 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence which has an approximate value of $217,500.00: (1) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgages, home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in Initials: JnD Initials: connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. (3) Within twenty (20) days of the execution date of this Agreement, Husband shall execute a deed, to be prepared by counsel for Wife, transferring his interest in the Marital Residence to Wife. Wife shall be solely responsible for any costs associated with the transfer of the deed to Wife. (b) Furnishings and Personalty. Wife shall retain the contents of the marital residence, with an approximate value of $13,185.00, as her sole and separate property free of any and all right, title, claim or interest of Husband (c) Motor Vehicles. Husband and Wife agree that Wife shall retain shall retain ownership of the parties' 2000 Honda Odyssey, with an approximate value of $8,085.00, and any other vehicles titled solely in her name as her sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with the vehicles. Husband and Wife agree that Husband shall retain ownership of the following vehicles: 2005 Ford Mustang, with an approximate value of $16,375.00; 1996 Chevrolet Blazer, with an approximate value of $2,900.00 and the 1997 Toyota 4Runner, with an approximate value of $7,000.00. Husband shall also retain the parties' boat, with an approximate value of $3,500.00 in addition to any other vehicles currently titled in Initials: ~ D 6 Initials: Husband's name solely not specifically addressed herein. Husband shall retain said vehicles and boat as his sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. (d) Life Insurance. Husband will maintain the current term life insurance for each of his children in the amount of $10,000.00 per child for such time as this benefit is available to him through his employer and under such conditions as set forth in the policy. Other than the term insurance specifically addressed above, Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (e) Pension and Retirement Benefits. (1) Wife shall retain as her sole and separate property her Individual Retirement Account No. 112482-510 through Members First Federal Credit Union, which had a balance of $21,706.05 as of May 13, 2008. Initials: ~d 7 Initials: (2) Husband shall retain as his sole and separate property his Merrill Lynch Individual Retirement Account (IRRA) #SHP-33P73, which had a balance of $131,986.00 as of June 20, 2008. (3) Husband shall retain as his sole and separate property his American Water 401(k) account, which had a market value of $21,779.16 as of June 20, 2008. Other than set forth specifically above, Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (~ Cash Accounts. Stocks and Investments. (1) The parties shall equally divide the balance contained in the parties' joint checking account with Members First Federal Credit Union, Account No. 404 1 24-5 1 1, which was $3,396.30 as of July 27, 2008. Initials: ~Q 8 Initials: (2) (3) (4) (5) (6) (7) (8) (9) Initials: ~~ Husband shall retain the contents of the parties' joint savings account with Members First Federal Credit Union, Account No. 40124-500, which had a balance of approximately $2,625.87 as of July 27, 2008. Husband shall retain the contents of the parties' joint supplemental savings account with Members First Federal Credit Union, Account No. 40124- SO1, which had a balance of $51.70 as of July 27, 2008. Husband shall retain the contents of the parties' joint holiday club account with Members First Federal Credit Union, Account No. 40124-502, which had a balance of $1,003.75 as of July 27, 2008. Wife shall retain $15,000.00 from the parties' joint money management account with Members First Federal Credit Union, Account No. 40124- SOS, which had a balance of $48,961.75 as of July 27, 2008. Husband shall retain the balance of said account. Husband shall retain as his sole and separate property his savings bonds, which had an approximate total value of $49,838.00 as of June 27, 2008, the marital portion of said bonds being $7,377.00. Husband shall retain as his sole and separate property twenty (20) ounces of gold valued at $18,268.00 as of May 6, 2009. Husband shall retain as his sole and separate property one hundred (100) ounces of silver valued at $1,253.70 as of May 6, 2009. Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all 9 Initials: v~+:.:~ t stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Husband's name alone. (10) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Wife's name alone. (11) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties also agree to close any joint financial or credit accounts within thirty (30) days of execution of this agreement. (g) Tuition Accounts. The parties acknowledge that during the marriage they participated in the following tuition account programs on behalf of their children: (1) PA 529 Guaranteed Savings Plan Account No. 0000668080 for Joseph Daubert in the amount of $8,851.62 (48.466 GPS credits as of July 29, 2008). The parties agree that Wife shall maintain custody of this account. Wife shall use the funds in this account solely for Joseph's college related expenses. Payments from the fund shall be made promptly within five (5) days of receipt of any tuition or other college related expense statement. Wife shall forward to Husband copies of all account and expense Initials: ~-y 10 Initials: ~~~--~ statements within five (5) days of receipt thereof. Any funds not used for Joseph's college education shall be equally divided between the parties. (2) PA 529 Guaranteed Savings Plan Account No. 0000668092 for Thomas Daubert in the amount of $17,826.55 (87.172 GPS credits as of July 29, 2008). The parties agree that Wife shall maintain custody of this account. Wife shall use the funds in this account solely for Thomas' college related expenses. Payments from the fund shall be made promptly within five (5) days of receipt of any tuition or other college related expense statement. Wife shall forward to Husband copies of all account and expense statements within five (5) days of receipt thereof. Any funds not used for Thomas' college education shall be equally divided between the parties. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Initials: ~U 11 Initials: Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name in addition to the following: 1. Joint Visa with Members First Federal Credit Union, Account No. 4121440019401243, which had a balance of $1,698.10 as of July 27, 2008. 2. Any balance owed by the parties to Sam's Club as of the date of this Agreement. (2) Wife shall be solely responsible for any and all liabilities she has incurred which are solely in her name in addition to the following: 1. Any balance owed to Kohl's Department Store as of the date of this Agreement. Initials: ~ 12 Initials:~!~ (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (1) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Initials: ~ l3 Initials Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (o) Warranty as to Future Oblisations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. SPOUSAL SUPPORT/ALIMONY. Effective October 7, 2010, Husband shall pay Wife the sum of $500.00 per month, payable bi-weekly, for spousal support or alimony for Wife's separate support and maintenance for a total period of one hundred and eighty seven (187) months. This payment is intended to be included in Wife's income and deducted from Husband's gross income pursuant to federal tax laws. Wife agrees that all spousal support/alimony payments shall be included as income to Wife in her applicable tax return and she shall pay such taxes as may be required by reason of such inclusion. (1) Monthly spousal support/alimony payments shall be modifiable solely in the event Husband's annual gross income, due to no fault of his own, is reduced by 20% or Initials: 14 Initials!/ ~L more than the annual gross income stated on his 2009 federal income tax return. Husband shall provide Wife with a copy of his 2009 federal income tax return within thirty (30) days of the date of this Agreement and he shall provide her with copies of his federal tax returns each year on or refore May l0`" of the year following any year in which he claimed to have a 20% or more reduction of income. Beginning the month following a change in Husband's income such that his income falls within any of the income ranges set forth below, and provided that Husband has produced documentary evidence clearly demonstrating the amount of his decreased income, payments to Wife shall be adjusted as follows: a. For such time as Husband's annual gross income is 20% to 29% less than his annual gross income as set forth on leis 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $400.00. b. For such time as Husband's annual gross income is 30% to 39% less than his annual gross income as set forth on his 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $350.00. c. For such time as Husband's annual gross income is 40% to 49% less than his annual gross income as set forth on his 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $300.00. d. For such time as Husband's annual gross income is 50% to 59% less than his annual gross income as set forth on his 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $250.00. Initials: ~'{2~ 15 Initials: C~~ e. For such time as Husband's annual gross income is 60% to 69% less than his annual gross income as set forth on his 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $200.00. f. For such time as Husband's annual gross income is 70% to 79% less than his annual gross income as set forth on his 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $150.00. g. For such time as Husband's annual gross income is 80% to 89% less than his annual gross income as set forth on his 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $100.00. h. For such time as Husband's annual gross income is 90% less than his annual gross income as set forth on his 2009 federal income tax return, monthly alimony payments to Wife shall be temporarily adjusted to $50.00. i. For such time as Husband's annual gross income is less than 90% of his annual gross income as set forth on his 2009 federal income tax return, his monthly alimony obligation shall be temporarily suspended. (2) All spousal support/alimony payments to Wife shall permanently terminate upon the first to occur of: a. Death of Wife; b. Remarriage of Wife; c. Cohabitation of Wife with an intimate male partner. The parties agree the term "cohabitation" shall be defined as sharing the same residence with an intimate partner, other than a member of Wife's family within the degrees of Initials: ~ 16 Initials: consanguinity as defined by 23 Pa.C.S.A. § 1304(e), for a period of thirty (30) days, which days shall not be consecutive. (3) In the event Husband dies prior to June 7, 2026, any remaining payments shall be charged to Husband's estate at the original rate of $500.00 per month. Said payments shall be added together into a lump sum and paid to Wife directly from Husband's estate. Except as set forth above, the parties further agree that they specifically intend the provisions of this paragraph to be non-modifiable by either party. The parties hereby authorize the Court of Common Pleas of Cumberland County, Pennsylvania, or other court of competent jurisdiction to enter an order of support/alimony against Husband pursuant to the terms of this agreement, with the same force and effect as though such order had been made after formal hearing and appearance in Court. Except as set forth above, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. HEALTH INSURANCE. Wife shall continue to provide health insurance coverage at no cost to her for the parties' two sons, Thomas Anthony Daubert and Joseph Stephen Daubert, until such time as they are no longer eligible for continued cost free coverage on Wife's Initials: ~ 17 Initials: policy. In such case, the party with the most reasonably priced insurance plan shall provide coverage and the other party shall reimburse that party at the same percentage of the cost of insurance as equal to that person's percentage of both parties' combined annual income. The party providing coverage will provide documentary evidence of insurance costs prior to being reimbursed. Health insurance coverage will be provided for such time as this benefit is available to either party through his or her employer and under such conditions as set forth in the policy. 8. CHILD CUSTODY. The parties agree as follows regarding custody of their minor child, Joseph Stephen Daubert, born January 10, 1993: (a) The parties shall have shared legal custody of Joseph. (b) Wife shall have primary physical custody of Joseph subject to liberal periods of partial physical custody with Husband as can be agreed upon by the parties and Joseph. 9. ADDITIONAL CONSIDERATION. The parties stipulate as to the following facts, which constituted additional consideration of the mutual promises, covenants and undertakings contained in this Agreement: (a) Husband moved out of the marital residence on July 20, 2008. (b) Husband is employed by American Water and his monthly net pay as of Apri128, 2009, not including bonuses, is $5,291.27. (c) Wife is employed by Silver Spring Township and her monthly net pay as of April 28, 2009 is $2,668.80. 10. TAX ADVICE. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has Initials: ~ 18 Initials: ~~~ been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 11. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other frown 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 misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 12. 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 provisions 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 Initials: ~ ~ 19 Initials: 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 the said Act. 13. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 14. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 15. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his Initials: ~~ 20 Initials: and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 16. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. Initials: ~ D 21 Initials: (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether Initials: rn U 22 Initials: arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 17. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 18. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 19. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated m any way. 20. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. Initials: ~a 23 Initials: 21. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 22. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 23. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 24. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 25. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 26. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of Initials: ~ 24 Initials: reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 28. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 29. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 30. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into Initials: ~~ 25 Initials: said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. TN S MARIE ANN DAUBERT ~,UV l S L NTHONY D BERT Initials: ~ 26 Initial ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF /J BEFORE ME, the undersigned authority, on this day personally appeared MARIE ANN DAUBERT, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this o C_f-D;O E.C.. , 2010. r r,.- ._.,...,.. .. :~,tJIA iiARY PllBIiC COMMON1NEAl _isMBk.R!_AND CO. R 23, 2012 SNIRLEY A. BEARDSLEY, NOTARY PUBLIC SILVER SPRING TWP., CUMBERLAND CO. MY COMMISSION EXPIRES OCTOBER 23, 2012 COMMONWEALTH OF PENNSYLVANIA 1 COUNTY OF day of cc.~ Q'• pr~,r~,1 Notary Public in d for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: /~ a 3 0? BEFORE ME, the undersigned authority, on this day personally appeared L ANTHONY DAUBERT, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ ~ ~ ~.~ji~.,-1 f~ 1 , 2010. COMMONWEALTH OF PENNSYLVANIA Notarial Seal CheM A Rict-a-d, Notary Public ~Y Of Her-isburg, Dauphin Courtly My Comrt'tission Ed~iree Ocl 15, 2010 Member, Pennsylvania Association of Notarlea Initials: a!~SL day of A ~~~~ Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ~ _. My commission expires: /L7 -/.S --- ,u) 27 Initials: /~~-~ OF T~iE ~'R~T!;0~01'~RY 2010 0~T 26 P~~S I2~ ~5 C~lt~~~3~rL~~i~ C~?U,''~;r`t' F~~~~~YL~'~~rl,~ MARIE ANN DAUBERT, Plaintiff vs. L. ANTHONY DAUBERT, Defendant To the Prothonotary: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4533 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO TRANSMIT RECORD 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 §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service on August 15, 2008, by first class, Certified Mail No. 7007 0710 0001 9994 5122. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff: 10/8/2010; by the Defendant: 9/29/2010. 4. Related claims pending: None. Please incorporate without merging the Marital Settlement Agreement of the parties dated October 8, 2010 and filed simultaneously with this Praecipe to Transmit Record. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 r0/ Z 3/Z 4Y ~ ATTORNEY FOR PLAINTIFF Date: FiLEO-OFFICF OF THE PRUTNONOTARY 2010 OCi' 26 PE=1 i2~ d4 CU~1BERLl~P~C COllhdTY PENNSYLVANIA MARIE ANN DAUBERT, Plaintiff vs. L. ANTHONY DAUBERT, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4533 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 28, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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. Dated: 0 ~ ~0 Signature: Marie Ann Daubert OF TN~~~ 0 TH~~JO TAR Y 2~10QCi 26 P~#~2~ Qty t'UP°18~RL~.r~~ C~UT~TY PEP~hS Yt_VANIA MARIE ANN DAUBERT, Plaintiff vs. L. ANTHONY DAUBERT, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4533 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE Dated: 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 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. 0 ~ /0 Signature: .~ Marie Ann Daubert F~~.~o-oF~ie~ Or THE PROTH~P~OTARY .2010 OC T 26 P~~ !2~ (~~~ MARIE ANN DAUBERT, Plaintiff vs. L. ANTHONY DAUBERT, Defendant CUh`3BFfiL~~;D COUPIT`t° PEF~E;SYLVAP~IA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4533 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 28, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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. ~--- Dated: ~ ~°~ ~ °~~ ~ Si ature: L. Anthony Daubert DF TNE~'~~ ~,-FQ~ TARY ZOlO t~CT ?6 g~a !2~ Otf MARIE ANN DAUBERT, Plaintiff vs. L. ANTHONY DAUBERT, Defendant CU~9~~R'LA~'D C~U~~i Y ~~~N~ Yk.VANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. U8-4533 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33010 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 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. Dated: ~ aq [ °~~~ Signature: L. Alll11V11~' LQl1VGll MARIE ANN DAUBERT IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. L. ANTHONY DAUBERT NO. 08-4533 DIVORCE DECREE AND NOW, '',~iv~v~,~,(, ~d Ly , it is ordered and decreed that MARIE ANN DAUBERT plaintiff, and L. ANTHONY DAUBERT ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the terms, provisions and conditions of the Marital Settlement Agreement between the parties dated October 8, 2010 are hereby incorporated in this Decree in Divorce by reference as though fully set forth herein at length. By the Court, Attest: J. Proth notary P ~~.`~ ~1.3-Io G''r'~ ~~ ~ ~~i~ ~y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ma-vit Ann?au-b?-rf Plaintiff . FILE NO. -1 , --= VS. IN DIVORCE • ._,? ate- '"»? C". Defendant '...! NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the a? h day of N _ 0 Vekn be hereby elects to resume the prior surname of _ C 0 2 120 I 0 0 , I I and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: 11- i 1- 0 Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA : PA :L 9 : SS. COUNTY OF CUMBERLAND On the ) yl' day of ???ek b t i , 20 before me, a s N- oo Notary Public, personally appeared the above affiant known to me to be the person whose name cws( is subscribed to the within document and acknowledged that he/she executed the foregoing for the A* 45) purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. 4'W& af ?aMe ??llstari?llN