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10-1475
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Jody Lynn Feldman 1 Plaintiff vs. No. ///? /x/75/yi l Robert Charles Feldman Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS O 0 3 t+? O w N 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, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for Cumberland County: CoA 0- CommonTl f&S. , 6'dxol ?Vn cw*a j,-7et' IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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;-GOTO-OR-TELEPHONE:- _ Cumberland County Bar Association Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Riftheny Co., Pittsburgh: (412) 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver: (412) 728-4888 Bedford Co., Bedford: 814-623-4833 Berks Co., Reading: (610) 375-4591 Blair Co., Hollidaysburg: (814) 693-3090 83ald Co., Towanda: (570) 265-1705 BZ2*s Co., Doylestown: (215) 348-9413 Lackawanna Co., Scranton: (570) 969- Lancaster Co., Lancaster: (717) 393-0737 Lawrence Co., New Castle: (724) 656-2143 Lebanon Co., Lebanon: (717) 274-2801 Lehigh Co., Allentown: (610) 433-7094 Luzerne Co., Wilkes-Barre: (717) 822-6712 Lycoming Co., Williamsport: (570) McKean Co., Smethport: (814) 887- Mercer Co., Mercer: (724) 342-3111 ??3V-ao A h fj,,-oa3k a-/F Butler Co., Butler: (724) 284-5214 Cambria Co., Ebensburg: (814) 472-1636 Cameron Co., Emporium: (814) 468-3355 Carbon Co., Jim Thorpe: (570) 325-2481 Centre Co., Bellefonte: (814) 355-6796 Chester Co., West Chester: (610) 429-1500 ClIfiion Co., Clarion: (814) 226-1119 Clearfield Co., Clearfield: (814) 765-2641 Cr&ton Co., Loch Haven: (570) 893-4007 Columbia Co., Bloomsburg: (570) 389-5600 Crawford Co., Media: (814) 333-7324 Cumberland Co., Carlisle: (717) 249-3166 Dauphin Co., Harrisburg,: (717) 232-7536 Delaware Co., Media: (610) 566-6625 Elk Co., Ridgway: (814) 776-5344 Erie Co., Erie: (814) 459-4411 Fayette Co., Uniontown: (724) 430-1272 Forest Co., Tionesta: (814) 755-3526 Franklin Co., Chambersburg: (717) 261-3858 Fulton Co., McConnellsburg: (717) 485-4212 Greene Co., Waynesburg: (724) 852-5289 Huntingdon Co., Huntingdon: (814) 643-1610 Buena Co., Indiana: (724) 465-3855 Jefferson Co., Brookville: (814) 849-1606 Juniata Co., Mifflintown: (717) 436-7715 Mifflin Co., Lewistown: (717) 248-8146 Monroe Co., Stroudsburg: (570) 424-7288 Montgomery Co., Norristown: (610) 279-9660 Montour Co., Danville: (570) 271-3010 Northampton Co., Easton: (610) 258-6333 Northumberland Co., Sunbury: (570) 988- Perry Co., New Bloomfield: (717) 582-2131 Philadelphia Co., Philadelphia: (215) 238- Pike Co., Milford: (570) 296-7231 Potter Co., Coudersport: (814) 274-9740 Schuylkill Co., Pottsville: (570) 628-1270 Snyder Co., Middleburg: (570) 837-4202 Somerset Co., Somerset: (814) 445-1428 Sullivan Co., Laporte: (570) 946-7351 Susquehanna Co., Montrose: (570) 278-4600 Tioga Co., Wellsboro: (570) 724-9281 Union Co., Lewisburg: (570) 524-8751 Venango Co., Franklin: (814) 432-9577 Warren Co., Warren: (814) 728-3440 Washington Co., Washington: (724) 225-6710 Wayne Co., Honesdale: (570) 253-5970 Westmoreland Co., Greensburg: (724) 834- Wyoming Co., Tunkhannock: (570) 253-5970 York Co., York: (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Jody Lynn Feldman Plaintiff vs. No. y7 s--c a Robert Charles Feldman Defendant DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Jody Lynn Feldman, who currently resides at 9 Stailey Circle, Camp Hill, Pennsylvania 17011. She has resided at this address at least since January 2010. The Plaintiff previously resided at 655 Park Ridge Drive, Mechanicsburg, Pennsylvania 17055 since June 2008. 2. The Defendant is Robert Charles Feldman, who currently resides at 1865 Wyatt Circle, Dover, Pennsylvania 17315. He has resided at this address at least since December 2008. 3. The Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 16, 2002, at St. Theresa Church, New Cumberland, Pennsylvania, County of Cumberland. 5. Neither the Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemember's Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an affidavit consenting to a divorce. The Plaintiff believes that the Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) and 3323(B) DIVORCE CODE 1. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference as though fully set forth. 2. The Plaintiff and Defendant have reached an agreement on issues including alimony, property division, child support and child custody. WHEREFORE, the Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code. 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. at? AA loin Date i ntiff , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Jody Lynn Feldman Plaintiff Robert Charles Feldman Defendant vs. No. 'b ' I tl x C 1 U? DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., §4094, relating to unsw falsification to authorities. 3? 3?? r o Date inti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION rv Jody Lynn Feldman Plaintiffs = ?Mb vs. No. Robert Charles Feldman Defendant o DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Jody Lynn Feldman, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her own knowledge that the Defendant Robert Charles Feldman herein is not in the military service as defined in the Servicemembers' Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: At no time during our marriage have I ever witnessed my spouse report to or make contact with military personnel. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. ainti IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: 3 ?- a 01 , L NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Bed M. Ya tK Natffy PW* UppwAlen'Iwp., Ombe&W Oor * kV0WnftM E*M F'eh 23, 2012 Member, Pennsyl anls Assookki" of a= /(/- A175 (7"v'( COUNSELING NOTICE UNDER Pa.R.C P RULE 1920.45(a)"(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301(a)(6) Indignities Section 3301 (c) Irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Breakdown Two-Year Separation where the court determines that there is not a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the Prothonotary Office of the Cumberland County court. Court of Com?mcm lS, C?nn? ?IbAn 1 SUS cra,rl <<1 ? ? ? ? n? 3 a 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Jody Lynn Feldman Plaintiff Robert Charles Feldman Defendant VS. No. 2010-01475 DIVORCE ACCEPTANCE OF SERVICE CD o -n 'w r-` -n rn- r- m r ? M ? -4 C) as rn -r .. ) I, Robert Charles Feldman hereby state th t I have accepted service of a true correct copy of the (document) in the above captioned matter on 3 IS _-o O (date) by (a) Certified Mail sent to the following address: 66 Wo& IM e, mWe'r, Yor 1 3?5 (b) Personal Service. This document was hand-delivered by: whose age is and address is R A t, 4j?_? Defendant 1 FILED-OFFICE OF THE RROTHONOTARY 2011 FEB -7 AM 9: 22 JULIE A. WEHNERT, ESQUIRE ATTORNEY I.D. 307900 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com JODY LYNN FELDMAN, Plaintiff, vs. ROBERT CHARLES FEDLMAN, Defendant. CUMBERLAND COUNT"', ` PENNSYLVANIA Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-01475 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Jody Lynn Feldman, the Plaintiff in the above-captioned divorce matter. 1-7 11 DATE J A WEHNERT ESQU Ri= St. Johns Church Road amp Hill, PA 17011 Supreme Court ID# 307900 i JULIE A. WEHNERT, ESQUIRE ATTORNEY I.D. 307900 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com JODY LYNN FELDMAN, Plaintiff, vs. ROBERT CHARLES FEDLMAN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-01475 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, do hereby certify that on this 7th day of February, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Robert Charles Feldman 1 East Green Street Apt. 1 Shiremanstown, PA 17011 IE A. WEH9ERT, ESQUIRE St. Johns Church Road amp Hill, PA 17011 Supreme Court ID# 307900 (717) 761-7573 Attorney for Plaintiff FILED-OFFICc OF TAT PROTH NOTAR':, 2011 FEB -? AM 9: 22 KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com JODY LYNN FELDMAN, Plaintiff, vs. ROBERT CHARLES FELDMAN Defendant. CUMBERLAND COU J i " FIENNSYLVANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1475 CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 1, 2008 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. 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: ?,q /oo)) <----- Jo Feldman O i ' ,`/ - A/ 7?- _ FILED-?r FI C i4 E sl: DF?O i J]'v 3i If'?!i i 2011 FEB -7 AH 9: 23 Marital Separation andCBMB?§k 8etf **nt Agreement between Robert Charles Feldman an? ?ody Lynn Feldman AGREEMENT, made this tWday of February, 2010, between Robert Charles Feldman (hereinafter referred to as Husband) and Jody Lynn Feldman (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were married in New Cumberland, Pennsylvania, on February 16, 2002, in a religious ceremony. There are presently two minor children born of or adopted by said marriage, namely Cody Robert Feldman, born July 20, 1994; and Dallas Arthur Feldman, born January 31, 2005. There are presently no adult children, born of or adopted by said marriage, who are legally dependent upon the parties for care or support. There are presently no adult children who are over the age of 21 and have mental and/or physical disabilities. Differences have arisen between the parties. They are now, and have been since June 1, 2008, no longer living as Husband and Wife, living separate and apart, voluntarily and by mutual consent, with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding custody of their minor children, alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other, rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c) or (d), as appropriate. 2. CUSTODY AND VISITATION GENERAL. Each party agrees to foster in the minds of their children attitudes of respect and love for both of the parents. Each party agrees not to denigrate the other party in the eyes of their children nor to attempt to alienate their children from the other party. Each party agrees to keep the other party fully informed as to the status of the health of the children and to consult with the other party on the major problems and decisions affecting the children, including the schools which the children will attend; the religious instruction the children shall receive; the health care the children shall receive; the manner in which the children shall be 1 of 12 ! . disciplined; the extent of any travel of the children away from home; and any other decisions affecting the children's growth and development, to the end that their children will have, as much as possible, the benefit of two parents. The parties further agree to exert every reasonable effort to maintain free access and unhampered contact between each of them and the children. The parties state that the best interests and welfare of the children are of paramount consideration for both of them. They shall make every effort to foster the respect and affection of the children for each other and shall do nothing which would in any way estrange the children from the other party, or which would injure the opinion of the children for the other party, or which would hamper the free and natural development of the love and affection of the children for the other party. Each party agrees to notify the other of any change in address or telephone number. CUSTODY. The parties have carefully weighed their decision regarding the custody of their minor children, and in so doing have been guided solely by considerations touching upon said children's welfare. The parties have concluded that it is in the best interest of said children that the Wife, as sole managing conservator or primary custodial parent, shall have sole custody, full parental rights, duties and powers, subject only to the Husband, as sole possessory conservator or secondary custodial parent, who may visit with and temporarily take possession of the children as specified below. VISITATION. The Husband shall have liberal visitation with the children with reasonable notice to the Wife. The parties agree that during the time each of them has the children in his or her physical possession, that parent shall decide all routine matters concerning the children's welfare, medical needs, etc. The parties further agree to cooperate with one another in establishing a mutually- supportive arrangement regarding such routine decisions. Both parties shall be informed at all times of the residence of the children, and each party shall notify the other immediately of any illness or emergency that may arise while the children are in his or her custody. The parties agree that the children shall not be removed from the area for a period of more than one week without the consent of the other party. The parties agree that each parent shall be entitled to immediate access from the other, or from a third party, to records and information pertaining to the minor children, including, but not limited to, medical dental, health, school, or educational records. Each party shall be entitled to speak to the children by telephone at reasonable times and intervals when the children are in the custody or subject to the control of the other party. CHANGE OF NAME. Notwithstanding the possible remarriage of either party, the minor children of the parties shall continue to be legally and publicly known by the name in use as of the date of this Agreement. The children shall not, for any reason or purpose, use or assume the name of any subsequent spouse of either party or any other surname. The parties shall see to it that the designations "father' and "mother' or their equivalent shall be used by the child to refer to the parties hereto and to no other person. 3. SUPPORT AND MAINTENANCE OF THE MINOR CHILDREN Subject to the power of the court to modify these terms, the Husband shall pay to the Wife for the support and maintenance of the minor children of the parties the sum of Six Hundred And Fifty Dollars And Zero Cents ($650.00) per month for each child, in advance. As agreed to by the parties, said payments commenced on December 24, 2008. These payments continue presently, and shall continue per month hereafter, provided that such payments shall cease for each minor child as he or she reaches the age of eighteen (18), marries, becomes emancipated, becomes 2of12 self-supporting, or dies, whichever occurs first, unless noted elsewhere in this Agreement Said child support shall be adjusted at such time as the obligation to support each child ends. Said child support payments shall also be adjusted each year consistent with the percentage changes in the Husband's income from the previous year, less any applicable expenses and/or deductions. To satisfy the Wife of the change in the Husband's income, the Husband or his accountant shall provide the Wife a copy of his Federal income tax return each year. Such efforts shall end when all child support obligations have terminated, unless otherwise required. PRIVATE SCHOOL. The Husband shall pay zero percent (0%), and the Wife shall pay one hundred percent (100.00%), of all costs incident to providing each minor child with a private day- school education through the completion of the twelfth (12th) grade, including but not limited to the costs of tuition, uniforms, books, application fees, enrollment fees, transportation expenses, and graduation fees. Any minor child who is presently attending private school shall be allowed to continue annual attendance, until graduation, in the best interests of the child. If the parties agree that a minor child should attend a different private school, the Husband's and the Wife's obligations pursuant to this provision shall apply to any alternate accredited institution which provides a day school education. The parties shall cooperate to execute any such school applications and enrollment contracts as may be required in order to carry out the purposes of this Paragraph. COLLEGE EDUCATION FOR THE CHILDREN COLLEGE DEFINED. For purposes of this section, the meaning of the term "college," "university," or "technical school" shall mean any accredited post-secondary educational institution not exceeding four consecutive years of undergraduate work. In case of a child having the aptitude and opportunity for a college education or comparable post- high-school training, the Husband shall be responsible to pay fifty percent (50%), and the Wife shall be responsible to pay fifty percent (50.00%), of the costs equivalent to the cost of an in-state four-year undergraduate education at a public college in the state where the minor child resides at the conclusion of his or her primary education (typically high-school). These funds shall be paid directly to any college or appropriate third-party associated with the incurred cost, or to the appropriate party (Husband, Wife, or child) as reimbursement of a qualifying cost, only when copies of related receipts are shared between the parties. This clause shall not specifically restrict the child's rights to attend an out-of-state secondary institution, only to restrict the agreed financial obligation of the Husband and Wife. For purposes of this Agreement, the term "cost of an in-state four-year undergraduate education" includes, but is not limited to, tuition and other enrollment or matriculation fees and charges, all attendant fees and expenses, whether charges for attendance in general or by virtue of enrollment in a special course or program, room and board, reasonable transportation charges, books and other expenses reasonably and necessarily incurred and relating to enrollment and or attendance in such colleges, universities, or technical schools. The selection of which college, university, or technical school a child shall attend shall be made by the Wife and the child, prior to application and prior to enrollment, and shall be made with and after due consideration of the financial circumstances and resources of the Wife and the child. 4. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from 3of12 any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. 5. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. The Husband and Wife shall equally share the cost and responsibility to maintain major medical and hospitalization insurance for the benefit of the minor children of the parties. The Husband shall pay zero percent (0%), and the Wife shall pay one hundred percent (100.00%), of all medical, dental, or orthodontia expenses for the benefit of the minor children which are not covered by said insurance. This is to include all emergency medical treatment. TERMINATION. Obligations for insurance and uncovered expenses for each dependent child of the parties shall terminate when the child becomes independent or reaches twenty three (23) years of age, unless otherwise limited by law or available policies. Such obligations for each minor child shall also terminate as the child becomes emancipated (marries, or otherwise legally qualifies as an adult due to specific events identified by state laws). 6. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY. The parties acknowledge that any real property purchased or leased since the date of marriage may be considered marital property. The parties agree that, prior to the execution of this Agreement, all such marital real property which may have existed was legally disposed of, all related financial obligations have been terminated, and all proceeds from related sales have been divided and disbursed in full, to the complete satisfaction of each interested party. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows The 1998 Volkswagon Jetta, Vehicle Identification Number 3VWPA81 HXWM274906, shall become the property of the Husband, and, contemporaneously with the execution of this Agreement, the Wife will execute all documents necessary and appropriate to convey title of said automobile to the Husband. The Husband shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Wife harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The 1999 Ford Expedition, Vehicle Identification Number 1FMRU1867XLA50425, shall become the property of the Husband, and, contemporaneously with the execution of this Agreement, the Wife will execute all documents necessary and appropriate to convey title of said automobile to the Husband. The Husband shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Wife harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. 4 of 12 The 2000 Lexus ES 300, Vehicle Identification Number JT8BF28GOY5097878, shall become the property of the Wife, and, contemporaneously with the execution of this Agreement, the Husband will execute all documents necessary and appropriate to convey title of said automobile to the Wife. The Wife shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Husband harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage. The parties agree that the Wife shall have as her sole property any belongings she brought into the marriage. Except where otherwise specified in this Agreement, the parties shall divide between them, to their mutual satisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. COMMON FINANCIAL ASSETS. Except where otherwise specified in this Agreement, the parties shall divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other common financial assets which are legally marital property, whether titled in one or both parties' names. Once divided to the satisfaction of both parties, neither party shall make any claims on the other party's common financial assets, unless such claim can be reasonably considered appropriate compensation for the breach of some other clause of this Agreement, or unless such claim is proper pursuant to a separate amendment, contract, or legal action. OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 7. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policies. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. 8. RETIREMENT BENEFITS The Wife agrees to waive and release any rights or claims she may now have to any retirement pay, benefits or privileges earned by the Husband before or during this marriage. The Husband agrees to waive and release any rights or claims he may now have to any retirement pay, benefits or privileges earned by the Wife before or during this marriage. The parties acknowledge that there are no Individual Retirement Accounts currently possessed by either party. The Husband and the Wife agree that if any payments are specified in this section, said payments will not be taxable to the receiving party, as the payment will be received as a division of marital property of the parties. Each party pledges to cooperate with the other to secure approval of or execution of any documents that are necessary to transfer pension, 401(k) or IRA funds to the payee from the payor's accounts, if applicable. 5 of 12 9. ESTATE PLANNING INHERITANCE. The parties each forever waive all rights to inherit from the other party and rights to receive any property on the death of the other party, except by reason of a will, codicil, or republication of will by the other party executed subsequent to this date. The parties each recognize that this waiver includes rights that they otherwise might have or acquire under 20 Pennsylvania Statutes 2203 et seq., any amendment thereof, or any successor statute. The foregoing, however, shall not bar a claim on the part of either party for any cause arising out of a breach of this Agreement during the lifetime of the deceased party against whose estate such claim may be made. ADMINISTRATION. The parties forever waive all rights to act as administrator of the other party's estate and all rights to request or petition for the appointment of any person to serve as such representative or to act as the executor of the other party's will, unless expressly named in a will, codicil, or republication of will by the other party, executed subsequent to this date or by reason of an insurance policy if specified within this Agreement. 10. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make purchases on the credit of the other. CREDIT HISTORY. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her. INDEMNIFICATION. Except as otherwise specified herein, the parties agree that each will be responsible for his or her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wife against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. 6 of 12 Each party covenants and warrants that there are no debts or obligations of any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married. 11. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. LEGAL REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have decided not to do so. The parties fully understand the facts and terms of this Agreement. Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance. TAX RETURNS AND REFUNDS The parties shall file separate Federal and state income tax returns for the taxable year 2010. If the parties agree to a joint filing for any taxable year, the Husband shall indemnify and hold harmless the Wife against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a _result of her agreement to file joint income tax returns with _the_Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. At such time as the parties shall file separate Federal and State income tax returns, the Husband shall be entitled to claim the deduction for the dependency exemption for none of the minor children named herein and the Wife shall be entitled to claim the deduction for the dependency exemption for two (2) minor children named herein, as long as either party is entitled to claim the dependency exemption under Section 152(e) of the Internal Revenue Code of 1954, as amended. The parties agree to sign and share Internal Revenue Service Form 8332 or any other declaration or declarations required by the Treasury Department and/or the Internal Revenue Service to implement this Agreement. 7of12 INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive zero percent (0%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive one hundred percent (100%) of the interest and depreciation attendant thereto. CAPITAL GAINS. The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law. Other than any capital gains tax implications and responsibilities identified in Section 6 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay zero percent (0%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay one hundred percent (100.00%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year 2009 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and thereafter, with no contribution required from the other party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver of either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, 8of12 A executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed hearing. RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any financial statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data regarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data. MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default. FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure- SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into the final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependent for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. 9of12 RELIGIOUS DIVORCE If requested by either party, the parties shall cooperate fully in obtaining a religious divorce. Each party shall cooperate in executing all documents reasonably necessary to obtain such a divorce. The parties shall be equally responsible for any additional costs which are a direct result of additional fees or processing, associated with any existing, reasonable religious divorce requirements. RECONCILIATION The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein. DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All written notices and demands that either of the parties gives to the other party in connection with this Agreement, or any to personal service, shall be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested. Any service to the Husband shall be addressed to him at 1865 Wyatt Circle, Dover, Pennsylvania 17315, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 9 Stailey Circle, Camp Hill, Pennsylvania 17011, or another address designated by her in writing to the Husband. 10 of 12 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to two gounterparts of ?th* Aggree-n}ent, each of which will constitute an original, this 3r day of /'Y ' 2g1Q. A9 I Robert Charles Feldman, Husband 4 a Hess ddy L eldman, Wife ?a fitness 11 of 12 COMMONWEALTH OF PENNSYLVANIA, COUNTYOFC?I'rJ? ? , SS.:?7 g- 0663 the o? 3roL day of 200 0 before me, a notary public ithin and for the County and State a oresaid, personal y appeared Robert Charles Feldman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public / ?-- My commission expires on i 7-0 COMMONW LTH PIaNN"LVANI Notarial Seas Robert J. Reese, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Aug. 10, 2012 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA, COUNTY OF I'll - , SS.: 7 3 --? On e rd" day of Upl,( 201_ before me, a notary public within and for the County and State aforesaid, personally appeared Jody Lynn Feldman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and voluntary act and deed for the uses and purposes therein contained. IN WITNESS WHEREOF I h eunto set my hand and official seal. Notary Public /j My commission expires on /0 ?l -T- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Roberti. Reese, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Aug. 10, 2012 Member, Pennsylvania Association of Notaries 12 of 12 I P JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com JODY LYNN FELDMAN, Plaintiff, vs. ROBERT CHARLES FEDLMAN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-01475 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Julie A. Wehnert, Esquire on behalf of Kope & Associates, LLC and enter the appearance of Julie A. Wehnert, Esquire on behalf of Jividen & Wehnert, LLC as attorneys for the Plaintiff, Jodi Lynn Feldman, in the above- captioned action. Date: J i A. Wehnert, Esquire J ' en & Wehnert, LLC 3461 Market Street, Suite 101 Camp Hill, PA 17011 Tele: (717) 730-3700 Fax: (717) 730-3770 1, Julie A. WehnertEsNuire do hereby certify that on this day of - C/(?-e - March, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Robert Charles Feldman 1 East Green Street Apt. 1 Shiremanstown, PA 17011 ???41L JULIE . EHNERT, ESQUII 3461 _et Street, Suite 101 Camp Hill, PA 17011 Supreme Court ID# 307900 (717) 730-3700 Attorney for Plaintiff A JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmaii.com _;? ED-- 0i'FICc '11i PROTHONOTWf 2011 APR -8 AM II: 00 !CIUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff JODY LYNN FELDMAN, Plaintiff, vs. ROBERT CHARLES FEDLMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-01475 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Robert Charles Feldman You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after March 29, 2011, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDOFRD STREET CARLISLE, PA 17013 (717) 249-3166 r ICE 0T !0N0TAR 2011 APR °8 AM 11: 07 JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com !U,MBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff JODY LYNN FELDMAN, Plaintiff, vs. ROBERT CHARLES FEDLMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-01475 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i) or (ii) or both); (i) The parties to this action have not lived separate and apart for a period of at least two years. 00 The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Robert Charles Feldman NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. a JIVIDEN & WEHNERT, LLC 3461 MARKET STREET SUITE 101 CAMP HILL, PA 17011 Phone: 717-730-3700 Fax: 717-730-3770 E-mail: jawehnert@gmail.com jmjividen@gmail.com March 9, 2011 Robert Charles Feldman 1 East Green Street Apt.1 Shiremanstown, PA 17011 Re: Feldman v. Feldman No. 2010-01475 Dear Mr. Feldman, I represent Jody Lynn Feldman in the above referenced matter for divorce. Enclosed and served upon you is a Notice of Intention to Request a Divorce Decree and Counter-Affidavit. I am sending these papers to you directly because I have no information that you are represented by an attorney. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Ms. Feldman. Thank you for your kind attention to this matter. A. Wehnert, Esq. Enclosures JODY LYNN FELDMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL DIVISION ROBERT CHARLES FELDMAN : NO. 2010-1475 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: c°~. Transmit the record, together with the following information, to the court for entry of a dimce-, decree: C a r n wry €rtir- 1. Ground for divorce: 1 73 C 1 0 00 § (3301(d)(1)) of the Divorce Code. i li bl i s? on.) e sect napp ca (Strike out y C-, =;:; 2. Date and manner of service of the complaint: © C = ca ?,1 Defendant signed Acceptance of Service on March 15, 2010 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 ; by defendant (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: February 4, 2011 (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: Filed on February 7, 2011 and served on Defendant on February 9, 2011 4. Related claims pending: There is a Marital Settlement Agreement executed on February 23, 2010 that is incorporated for enforcement purposes but not merged. 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: Served March 9, 2011 by regular mail. (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: Ll oo orney or laintiff endant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JODY LYNN FELDMAN V. ROBERT CHARLES FELDMAN : NO. 2010-1475 DIVORCE DECREE AND NOW, = ( 1,Z Z Ulm , it is ordered and decreed that JODY LYNN FELDMAN , plaintiff, and ROBERT CHARLES FELDMAN , 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.") There is a Marital Settlement Agreement executed on February 23, 2010 that is incorporated for enforcement purposes but not merged. By the Court, &f Oc py nviW fob{ Wehw - Na t ce t COPY i'1 al led 4o t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW Plaintiff FILE NO'1()"(q-1 15- IZ 2 ru `T4 . � VS. - IN DIVORCE Imo- Defendant '' fi' -< wJ NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having ,� �� pt been granted a Final Decree in Divorce on the /24"7 day of tall , hereby elects to resume the prior surname of Cyr/ y and gives this written notice pursuant to the provisions of 54 P.S. 704. rj11o8" DATE: �' ��L� 2'c:)�:F:' �7 el Signature g being resumed COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND . On the _7 day of , 2{}� , before me, a Notary Public, personally appeared the above affiant own to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof,I have hereunto set my hand and official seal. Nota ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Allison K.3anosko,Notary public East Pennsboro Twp.,cumberiand county My commission Expires Nov.23,2015 MEMBER,PENNSYLVANIA ASSOQA'fIt?N OF NOTARIES