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HomeMy WebLinkAbout10-1134FILE Q, fw'=, "CE TI-1c !1.1^% !07ARY NICOLE R. BAKER Plaintiff V. JEREMY L. BAKER, Defendant IN THE COW60 OW N& FLEAS OF CUMBERLAND COUNTY, lwiY PE Y?? NO. 10 CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned, that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property of 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 counseling. A list of marriage counselors is available at the Office of the Prothonotary at the Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEED OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GTRANTED, 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 S. Bedford Street Carlisle, PA 17013 y JOANNE MARINO MC GREEVY ATTORNEY FOR PLAINTIFF S. Ct. # 47612 40 ?d ?kf-rr ft- 4* ?376r;-- NICOLE R. BAKER: Plaintiff V. JEREMY L. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- I i s y CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Joanne Marino McGreevy, Esquire, and seeks to obtain a Divorce from the above-named Defendant upon the grounds hereinafter set forth: 1. Plaintiff, NICOLE R. BAKER, an adult individual who is sui juris and resides at 143 AMY DRIVE, CARLISLE, PA 17013. 2. Defendant is JEREMY L. BAKER, who is sui juris and resides at 66 E. MAIN STREET, WALNUT BOTTOM, PA 17266. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 5. The Plaintiff and Defendant were married August 25, 2007, in Newville, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the court require the parties to participate in counseling. 8. The Defendant is not currently member of the armed services of the United States or any of its allies. COUNT I, REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 10. After ninety (90) days from the date of the filing of this complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, IF BOTH PARTIES FILE AFFIDAVITS CONSENTING TO A DIVORCE AFTER NINETY (90) DAYS HAVE ELAPSED FROM THE FILING OF THIS COMPLAINT, PLAINTIFF RESPECTFULLY REQUESTS THE COURT TO ENTER A DECREE OF DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE. DATE_;?, 117 JOANNE MARINO MCGREEVY Attorney for PLAINTIFF 137 S. West Street Carlisle, PA 17013 7217-243-0092 S.Ct. # 47612 NICOLE R. BAKER, Plaintiff V. JEREMY L. BAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 CIVIL ACTION-LAW IN DIVORCE 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.§ 4904, relating to unsworn falsification to authorities. DATE L -( ?&tou gajuht? NICOLE R. BAKER PLAINTIFF NICOLE R. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V :NO. 10 - 1 ! 3 . _N JEREMY L. BAKER : CIVIL ACTION-LAW Defendant : IN DIVORCE w ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance as attorney of record for NICOLE R. BAKER, Plaintiff, in the above-captioned matter. I may be served as follows: Joanne Marino McGreevy Attorney at Law 137 S. West Street Carlisle, PA 17013 717-243-0092 My Supreme Court I.D. # is 47612. 'ncerely, If_ Joanne Marino McGreevy jG - I/3~/ MARRIAGE SETTLEMENT AGREEMENT N THIS AGREEMENT, made this ~ ~ T f-I day of .~ ~ f"' ~n N/ ~- 7 , 2010, by and between NICOLE R, BAKER, hereinafter T , referred to as WIFE, and JEREMY L. BAKER, hereinafter referred to as -~~ i`~` "'~ ~`~ ,_-~ HUSBAND. - , -~' _~~' ; E, ,,. __ .,_. -~5 ,,_ _ ,: _ WITNESSETH: = `` ~' r.:' .. WHEREAS, the parties hereto are WIFE and HUSBAND, having been mar ied o~ ~~ -i -~~' August 25, 2007; and WHEREAS, the parties have one dependent, Logan John Baker, born November 11, 2004; and WHEREAS, differences have arisen between WIFE and HUSBAND, as a result of which it is the desire of the parties after long and careful consideration, to live separate and apart for the rest of their natural lives. The parties hereto are desirous of amicably adjusting, compromising and settling all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for maintenance, support, alimony, equitable distribution, custody, counsel fees, and costs; and WHEREAS, it is the mutual desire of WIFE and HUSBAND to reduce their Agreement to writing; and WHEREAS, HUSBAND has been advised of his right to legal representation and has waived that right, and WIFE has been so advised and is represented by Joanne -. Marino McGreevy, Esquire; NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, in consideration of mutual promises, covenants, and agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby promises, covenants and agrees as follows: 1. PARTIES TO LIVE SEPARATE AND APART The parties agree to live separate and apart as though the parties had not been married. Neither party will molest the other, or compel the other to cohabit or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other. 2. REAL PROPERTY The parties acknowledge that they do not own any real property, separately or together. 3. PERSONAL PROPERTY Other than as set forth hereinafter in this AGREEMENT, the parties hereto agree that the personal property and home furnishings of the parties, has been divided to their mutual satisfaction. WIFE is the sole owner of a 1995 Honda Accord which shall continue to be her sole possession. HUSBAND attests that he does does not (cross out one) own an automobile. WIFE shall allow HUSBAND access to his agreed upon personal property and home furnishings, which have been retained in the current residence until WIFE vacates her current residence. Except _-. as otherwise provided in the previous sentence, the parties agree that they shall retain all personal property and home furnishings now in their respective possessions and waive all rights as to personal property and home furnishings in the possession of the other spouse as of the date of the execution of this AGREEMENT. 4. MARITAL DEBTS HUSBAND and WIFE each covenant, represent and agree that each will now, and at all times hereafter, save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other prior to or after the effective date of this AGREEMENT, except as otherwise specifically provided for by the terms of this AGREEMENT. HUSBAND hereby assumes liability for existing family debts > of the family unit incurred prior to the separation of the parties, as well as debts incurred by him prior to the signing of this AGREEMENT, and WIFE releases HUSBAND for her individual debts incurred prior to or subsequent to that time. 5. INCOME TAX The parties agree that they will file individual tax returns for the Year 2010. WIFE and HUSBAND agree that WIFE shall hereafter be entitled to claim CHILD as her dependent on her Federal Income Tax Return beginning with the tax return to be filed in 2011 for the taxable year 2010 so long as WIFE continues to be "the major provider for the child. 6. MUTUAL DISCHARGE HUSBAND relinquishes his inchoate intestate right in the estate of WIFE, and WIFE relinquishes her inchoate intestate right in the estate of HUSBAND and each of the parties hereto by his presents for himself or herself, his or her heirs, executors, administrators, or assigns does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators, or .~ assigns or any of them of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this AGREEMENT. 7. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS The parties hereto represent that HUSBAND has a 401 k from his employment and that WIFE has no pension plan. WIFE hereby, with the signing of this AGREEMENT, relinquishes any rights she now has or may have in HUSBAND's 401-k. Both acknowledge that they have received information regarding the existence or non-existence of such employment or personal IRA benefits and are satisfied with the information so provided. 8. FINANCIAL DOCUMENT DISCLOSURE The parties waive their rights to require the filing of financial statements by the other, although they have been advised that it is their legal right to have such disclosures prior to entering this AGREEMENT. By executing this AGREEMENT, the parties are acknowledging satisfaction with the information presently available to them and agree not to use non-disclosure as a basis to overturn this AGREEMENT. 9. LIFE INSURANCE ~S ~ ~ ~ irk The parties hereby attest that that HUSBAND~is the owner of a life insurance policy and WIFE owns no insurance policy. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal, or mixed, tangible or intangible, which are hereafter acquired by him or her with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11.THE PARTIES DEBTS The parties represent and warrant to each other that since separation, they have not incurred any debts or made any contracts other than for the necessaries for which their estate will be liable. The parties shall not contract or incur any debt or liability for which the other spouse's property or estate might be responsible and shall indemnify and save harmless the other spouse from any and all claims or ~`" demands made against the other spouse by reason of debts and obligations incurred by him or her, and in the event the other spouse shall any time thereafter, be obliged to pay out of future payments required to be made by him or her under this AGREEMENT. Medical and dental bills not paid by HUSBAND'S insurance plan which are necessary for LOGAN's health will be paid for by HUSBAND. 12. ALIMONY The parties agree not to seek alimony from each other. Child support shall be as provided by order of the court through the Domestic Relations Department. 13. SHARED LEGAL CUSTODY The parties agree and acknowledge that it is in the best interests of the welfare of CHILD that parents share legal custody of CHILD within the meaning and intent of the custody provisions of 23 Pa. C.S. §§ 5301-5314, as amended. 14. RIGHTS OF PHYSICAL CUSTODY HUSBAND and WIFE agree that WIFE shall have primary legal custody of CHILD and that HUSBAND shall have visitation rights every other weekend. Each of the parties shall take all measures deemed advisable to foster a feeling of affection between CHILD and the other party, and neither will do anything which may estrange CHILD from the other party or impair CHILD's high regard for the other party. 15. PHYSICAL CUSTODY MAKEUP TIME The parties recognize that there may be circumstances from time to time which may prevent the exercise of physical custody at the agreed dates and times. Wherefore, the parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances. The parties further agree that an equal amount of makeup physical custody time will be granted for °' any physical custody, which does not take place as scheduled. 16. CONSULTATION REGARDING CHILD HUSBAND and WIFE shall consult with each other as often as may be necessary regarding matters pertaining to CHILD which shall include the following: a. HUSBAND and WIFE shall have the following rights with respect to ~> CHILD: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the CHILD at school; approval of extraordinary medicaUdental treatment provided that such approval shall not unreasonably be withheld; approval of summer camp, school, vacations, and trips provided such approval shall not be unreasonably withheld. On all matters of importance relating to the children's health, education and welfare, HUSBAND and WIFE shall have the duty to confer with a view to adopting a harmonious policy calculated to promoting the best interests of CHILD. This duty shall include the requirement that HUSBAND and WIFE shall advise each other of and discuss all important events in the children's life, including, by way of example, but not limited to: school meetings, travel plans, medical ~° conditions, educational progress and plans, summer camp arrangements, extracurricular activities, vacation plans, etc. The residences, addresses and telephone numbers where CHILD may be reached shall, at all times, including vacations and trips, be known to the parties and each party shall immediately notify the other by telephone, if possible, or telegram, or a-mail, of any illness or other emergency that may arise while CHILD is in her or his custody. During such illness or other emergency, each party shall have the right to visit the affected CHILD as often as he or she desires. The word "illness" as used herein shall mean any disability which confined CHILD to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours or any serious injury to CHILD. The parties have negotiated the custody portions of this AGREEMENT based upon existing circumstances and in particular, based on HUSBAND'S and WIFE's residence in the Cumberland County area (other than brief excursions outside of Pennsylvania for vacations, trips, summer camp, etc.). If HUSBAND or WIFE desires to establish residence outside of the Cumberland County area, he or she is to give the other at least ninety (90) days written notice in advance of his/her proposed move, in order to give the parties the opportunity to confer, prior to his or her removal, and to establish a mutually satisfactory arrangement as to custody and visitation in light of the changed circumstances. In the event that the parties are not able to reach agreement, they agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody order. The welfare and convenience of CHILD shall be the prime consideration of the parties in the application of the provisions of this agreement. Neither party shall alienate or attempt to alienate or destroy the affection of CHILD for the other parent, but shall exert every reasonable effort to foster a feeling of affection between CHILD and both parents. Nothing in this AGREEMENT shall be construed as having any bearing as to the relative fitness of either party to be the custodial parent of CHILD. 17. CHILD CARE Since WIFE works full-time, HUSBAND agrees to underwrite any child care expenses incurred by WIFE. 18. CHILD SUPPORT HUSBAND agrees to pay WIFE for the use, benefit, support and maintenance of LOGAN the monthly sum as determined by the Domestic Relations Department of Cumberland County, which payments shall continue as they have `- been ordered by the Court of Common Pleas of Cumberland County. The payments shall continue in that amount, as adjusted, until CHILD turns nineteen (19), at which time the support payments shall terminate. 19. CHILD SUPPORT CREDITS The parties hereby agree that each shall be entitled to a credit when the child for whom that parent has primary custody is in the partial or temporary custody of the other parent for a period of 7 consecutive days. In such event, the party with primary custody for that child may reduce child support payments by fifty percent for that 7 day period. There shall be no reduction for any period less than 7 consecutive days. 20. CHILD SUPPORT, HEALTH INSURANCE HUSBAND shall provide health insurance for CHILD so long as he is obligated to contribute to his CHILD's support. 21. CHILD SUPPORT, MEDICALS NOT COVERED BY INSURANCE Both parties agree that HUSBAND will be responsible for any non- covered medical and or dental expenses for CHILD. Each PARTY agrees not to withhold consent for any such expenses, which are reasonably necessary for the well-being of CHILD. 22. CHILD SUPPORT BINDING UPON ESTATE All child support obligations undertaken by HUSBAND pursuant to this AGREEMENT shall be binding upon his heirs, executors, administrators, successors, and assigns, and shall constitute a charge against his estate. It is further acknowledged and agreed that payments are support payments and are not intended to be debts which are affected by discharge in bankruptcy. 23. CHILD SUPPORT ADJUSTMENT The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction. 24. CHILD SUPPORT COST OF LIVING INCREASE The payments as set forth in paragraph 18 of this AGREEMENT shall be increased each year, based upon changes in the CPI as published by the US Dept. of Labor, Bureau of Statistics for Urban Wage and Clerical Workers in the Philadelphia Standard Metropolitan Statistical Area. ("The Index') If, on May 1, 2010, or any May 2, subsequent thereto, while any payments are still required under paragraph 18 of this AGREEMENT, the Index has increased from the Index of the previous May 1, then payment pursuant to paragraphl8 shall be increased, effective May 1 of that year, by a percentage equal to the percentage increase in the Index or 5 percent, whichever is the lesser. Thereafter, adjustments shall continue to be made on May 1 of each year in the same manner as previously set forth with the new base Index figure being the Index as of the preceding May 1. In the event that there is a percentage decrease in the Index, the payments shall be reduced by such percentage, but in no event, shall the payments be reduced below the base level of payments provided for in paragraph 18 of this AGREEMENT. 25. CHILD SUPPORT EXEMPTIONS WIFE shall be entitled to claim a dependency exemption for CHILD and HUSBAND shall refrain from taking CHILD as a dependent. 26. CHILD SUPPORT ENFORCEMENT The parties hereby agree that all the support provisions contained in this AGREEMENT (including direct and indirect contributions to support) may be enforceable by an action in support in accordance with PA Rules of Civil Procedure, section 1910.1 et seq. 27. CHILD SUPPORT INDEMNIFICATION The parties hereto recognize, acknowledge, and agree that they cannot properly prevent or foreclose WIFE from instituting an action for support, care, education and maintenance of the parties' CHILD. In the event that WIFE does institute an action, directly or indirectly, HUSBAND shall no longer be required or obligated to make any of the payments or perform any of the obligations set forth in paragraph 18 of this AGREEMENT and he shall support the said CHILD as may be required by the court, in accordance with the parties' circumstances. Pending the entry of a new Court Order, HUSBAND shall, nevertheless, comply with paragraph 18 ,but shall be repaid by WIFE the amount of any excess payments in the event the new Court Order is less than what was paid by HUSBAND from the effective date of any such Order. 28. DISABILITY OF HUSBAND Notwithstanding anything to the contrary in this AGREEMENT, it is hereby understood and agreed by the parties hereto that in the event HUSBAND shall "` become disabled and unable to continue at his regular and present occupation for a period of sixty (60) days or more, HUSBAND's obligation for payment under paragraph 18 of this AGREEMENT shall cease until HUSBAND is no longer medically disabled; and the parties, if WIFE so chooses, shall submit themselves to the Court of Common Pleas of Cumberland County, Family Division, for a determination of HUSBAND's obligation, if any, as to child support for the parties' minor CHILD. Notwithstanding anything to the contrary herein, during the period of HUSBAND's medical disability, WIFE and the parties' minor CHILD shall be entitled to receive up to 30 percent of HUSBAND's net annual income, earned and unearned, but in no event to exceed his obligation pursuant to the terms of this AGREEMENT. For the purposes of clarification, "net income" as used in this paragraph shall mean the income to HUSBAND, from whatever source, including disability insurance after deductions of all Federal, State, and local taxes due thereon. It is further understood and agreed that in the event HUSBAND claims to be medically disabled, WIFE shall have the right to have HUSBAND examined by a medical doctor of her own choice at her own cost. If, thereafter, the partiesnare still in conflict as to whether HUSBAND is medically disabled, the parties shall submit the question of HUSBAND'S disability to the Court of Common Pleas of Cumberland County, Pennsylvania. 29.COUNSEL FEES WIFE agrees to pay Joanne Marino McGreevy, Esq. for attorney's fees and .,.legal expenses in conjunction with the negotiation and preparation of this AGREEMENT, as well as other matters relating to the parties' marital claims under the Divorce Code. 30. REPRESENTATION BY COUNSEL The provisions of this AGREEMENT and their legal effect have been fully explained to the parties by counsel, Joanne Marino McGreevy. WIFE has employed her and has had the benefit of her counsel. Counsel explained to HUSBAND that he had the right to independent counsel and that he could not be adequately represented by WIFE's counsel who must be diligent on behalf of her client. HUSBAND chose not to retain independent counsel. Therefore, each party acknowledges that he/she has received, independently, legal advice from the same counsel, that each fully understands the facts and has been fully informed as to his or her legal rights and obligations; that each party acknowledges and accepts that this AGREEMENT is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge; that execution of this AGREEMENT is not the result of any collusion or mproper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by counsel of the impact of the Divorce Code. HUSBAND and WIFE acknowledge that each has conducted a full and thorough investigation of all the assets of the parties and is satisfied with the distribution of the assets as set forth in this AGREEMENT and that it is fair and equitable. 31. BANKRUPTCY It is understood and agreed by and between the parties hereto that HUSBAND's agreement for payment of future support or other payments he has agreed to pay hereunder, shall not be affected by any bankruptcy proceeding instituted by or against him, voluntarily or involuntarily, and should not be deemed }. to constitute or be a dischargeable debt of a bankrupt. HUSBAND further warrants that he has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him, which have been initiated by others. 32. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT WIFE has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania. Within ten (10) days of the execution of this AGREEMENT, knowing that the marriage is irretrievably broken, and that it shall be dissolved pursuant to Section 3301 (c) of the Divorce Code, the the parties agree to the following: Both HUSBAND and WIFE shall have executed an Affidavit consenting to the entry of a final decree in divorce. WIFE shall cause the Affidavits to be filed of record and the divorce finalized. Unless either party shall request counseling prior to the filing of the Affidavits of Consent, the right to so request shall be deemed waived. 33. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE The parties agree that the terms of this AGREEMENT shall be incorporated into any divorce decree, which may be entered with respect to them. The parties further agree that the Court of Common Pleas, which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this AGREEMENT for the purpose of enforcement of any of the provisions thereof. 34. VOLUNTARY EXECUTION The provisions of this AGREEMENT and their legal effect have been fully explained to the parties by counsel and each party acknowledges that this AGREEMENT is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 35. ENTIRE AGREEMENT This AGREEMENT contains the entire understandings of the parties and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. ~' 36. SITUS This AGREEMENT shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 37. PARTIAL INVALIDITY If any of the provisions of this AGREEMENT are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 38. BINDING EFFECT Except as otherwise stated herein, all provisions of this AGREEMENT shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have signed, sealed, and acknowledged this AGREEMENT in two counterparts, each of which shall constitute an original. SIGNED, SEALED, AND DELIVERED IN THE PRESEN E OF WITNE S TNESS SBAND WI ,..,....`- .~ ~ ~' bG~..c, ATTORNEY WITNESS IF NECESSARY COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS: On this, the day of , 2010, before me the undersigned officer, personally appeared and known to me to be the persons whose names are subscribed to the within instrument, and acknowledged that he /she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Commonwealth of Pennsylvania, County of Cumberland On this, the ~ ~ ~ day of /~~~'1 2010, before ~''~~ me, ~ r~ C-~ ! n-~~~~ i~ hC~ ~' ,the undersigned officer, personally appeared .~J~~-n-~-e ~ r G ,known to me or satisfactorily proven to be a member of the bar of the ighest court of Pennsylvania, and certified that she was personally present and witnessed that the foregoing Marriage Settlement was signed by the parties for the purposes therein stated and that the signatures are those of the parties. ..r ~ ~~C~ NOT RY PUBLIC COMMONw~-TH OF PENNSYLVANIA Nob~rld 3e~ RibNc 7rac11 L. FiMcenbkidar CouMY ~rNsle ~~ July 10.2013 lUy CommisNlo~ Member, PennsyNa~a Assodetbn of Notaries NICOLE R. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-1134 Civil Term JEREMY L. BAKER , :CIVIL ACTION-LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Nicole R. Baker, do hereby certify that on the date indicated below I did personally serve, true and correct copies of the Divorce Complaint, Defendant's copy of an Affidavit of Consent and Defendant's copy of a Waiver of Notice of Intention to Request Entry of Divorce Decree and an Acceptance of Service Form to: JEREMY L. BAKER 66 E. Main Street Walnut Bottom, PA 17266 /~ J ~ DATE: iF/ c J~V ~- r ~ NIC LE R. BAKER 143 Amy Drive Carlisle, PA 17013 c? ~~ _.. cy ' ~ R - ~' z r ~ .~- : ~_ r ~~ ' a ~-~, ' (; _ C"] ;~i =J ~ C: ' y> C: + NICOLE R. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v• :NO. I0 -t13y ~~v;~-T~~-~'t JEREMY L. BAKER, :CIVIL ACTION-LAW Defendant : IN DIVORCE ACCEPTANCE OF. SERVICE I accept service of the Complaint in Divorce, Affidavit of Consent, and Waiver of Notice of Intention to Request Entry of a Decree of Divorce under §301 (c). I certify that I am authorized to accept service on behalf of the Defendant. ,~ DATE: ~ / ,~jp Defe t (or Authorized Agent) Mailing Address c ? o n _ .:. - z, ; ~ .-~ - ~; r~ ~4 ~. ~ ;:~ ~~ r,; , <_ - ~ _. ~ C`) ^~ - ' C` ~-C ..• CT NICOLE R. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10 - 113 ~ ~ r y r ~- 7z~~.-~ JEREMY L. BAKER, :CIVIL ACTION-LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under section 3301 (c) of the Divorce Code was filed on alit 1~~ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the complaint. 3. I consent to entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. a/ DATE: f zy ~ /~ (Defendant) n c ~ ~;_; ~ .~ ~;. ~~ ~ ~, ~ , z . fi , ~ `~ ~ N - ri v ,. 't= ~... ~ `..~ ~~ ~, .p ~.~~~ ~~ NICOLE R. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA JEREMY L. BAKER, :CIVIL ACTION-LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on ~ -~ ~ ,, ~ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the complaint. 3. I consent to entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: ~i a y ~~ ~~ (Plaintiff) -~~rtj' c~ ~--~, ~ `"~ ---t =~. )1 ~1t ~ :~ -,- ;Z~~ _ . '~~` _ (-', G"~ NICOLE R. BAKER, Plaintiff v. JEREMY L. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 -113 ~ c, J1 L T~-~t CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~..~ .w. ,- DATE: ~~ ~ ~) .o (Defendant) ~ r _` °- ~, °r.~ .~~ m .r r- ~ ry :~_r , C,. CJ - T ~ NICOLE R. BAKER, Plaintiff v. JEREMY L. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10 -ll 3y ~~v'~~ ~~ CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. c / DATE: u1 I / a `~ (Plain iff J c°_ -n <;,. ~ ' ~ r 3L ~' - -i t"7"! .~ ) ~! _ j <... ~' ' :: •~ _ _ ~: _ {'_ .. C~`= : t~ G'e "~` N(coL~ J ~~ f~'~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DMSION L., ,g~ ~ ~ n-- NO. J ~ ~ ~ ~ ~ CML TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: C) ~ .;_; C ~, Transmit the record, together with the following information to the court for entry of brce ~ --~ =~ ~., r ,~~ decree: - °; zi r... -~,m ~ 1. Ground for divorce: ~ ~ -r:, rA Irretrievable breakdown under 3301 (c) . ~ . (Strike out inapplicable section) :~ ' ° ~ ~ ?=r S ~ R / 1 t' - 2. Date and manner of service of the complaint: 1 ~~2 So N ~4 ~- ~ -°= ~/~ ~ ~,, 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: _ ~ !! by plaintiff ~ r~-5f ~r a ; by defendant / ~ /l ~ -tr-(~j'Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: /V ~ /l/ E 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3302 (c) Divorce was filed with the Prothonotary: ~~ L.~ ~ r v Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: ~~~~lA Attorney for Plaintifff~3efericlant IN THE COURT OF COMMON PLEAS OF NICOLE R. BAKER :CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMY L. BAKER NO 10-1134 CIVIL TERM DIVORCE DECREE AND NOW, `_, e~ ~.~ ~~~~ , it is ordered and decreed that NICOLE R. BAKER plaintiff, and JEREMY L. BAKER ,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.") NONE By the Court, ~1. J. C Prothpnotary ~r~rx