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HomeMy WebLinkAbout04-3255JONATHAN MAYBERRY, Plaintiff VS. ELIZABETH MAYBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU Df NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JONATHAN MAYBERRY, Plaintiff VS. ELIZABETH MAYBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C/VIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is JONATHAN MAYBERRY who currently resides at 1 East South Street, Carlisle, Cumberland County, Pennsylvania 17013, since January 2003. 2. Defendant is ELIZABETH MAYBERRY who currently resides at 6018 Mockingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, since June 2004. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on June 16, 2001, in Mechanicsburg, Pennsylvania. 5. Neither Pla'mtiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors~ Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the fight to request that the Court requ'tre the parties to participate in counseling. 8. Plaintiff avers that there is one child born of the parties under the age of eighteen: John Alexander Hedstrom-Mayberry, born February 26, 1999. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed fi.om the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiffbelieves 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 date of 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. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted: Date: BY: Timothy J. Colgan,~squire 130 West Church Street Suite 100 Dillsburg, PA 17109 (717) 432-9666 ID #77944 ATTORNEY FOR PLAINTIFF VERIFICATION I, JONATHAN MAYBERRY, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are tree and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN MAY-BERRY Plaintiff VS. ELIZABETH MAYBERRY, Defendant NO. 04-3255 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Sherie A. Minieh, being duly sworn, deposes and says that she is an adult and that she served a Complaint in Divorce upon the Defendant, at the Defendant's last known address as follows: Elizabeth Mayberry, 6018 Mockingbird Drive, Mechaniesburg, Pennsylvania 17050, by certified mail, restricted delivery, return receipt requested on July 16, 2004, and the same was received by her on July 21, 2004. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: July 26, 2004 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK : By: WILEY, LENOX, COLGAN & MARZZACCO, P.C. · Sherle A. M{nich ~ On this, the 26th day of Ju/y, 2004, before me, a notary public, pe~sonaily appeared Sherle A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. ay ?nLIC My Commission Expires: Notarial Seal 1 S. Dawn Gladfe~ter, Nol~ary Public Dillabur~3 Boro, York County My Commission Expires May 17, 2005 Member, Pennsylvania AssOC~etiofl of Notaries m ~ren! 6018 Nock.i,~cj~,i~d EXHIBIT "A" between ELIZABETH MAYBERRY, of Mechamcsburg, Cumberland County, Pennsylvania (hereinafter referred to as 'WIFE") and JONATHAN MAYBERRY, of Carlise, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 16, 2001. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present, and furore support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premiises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the pavlies hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free fi.ora interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND ,or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County on July 6, 2004, docketed to number 04-3255, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. WIFE hereby expresses her agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursum~t to Section 3301 (c) of the Divorce Code and deliver same to counsel for HUSBAND. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the pa~Iies are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of 2 execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer of property, fumds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all fights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the fight to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as a testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any fights which either party may have or at any time 3 hereafter shall have for past, present or furore support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expanses, whether arising as a result of the marital relations or otherwise, except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreernent or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have againtst the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: This agreement has been prepared by Timothy 3. Colgan, Esquire, counsel for HUSBAND. At the commencement of and at all stages during the negotiation of this Agreement, WIFE has been informed that Timothy J. Colgan, Esquire has acted solely as counsel for HUSBAND and has not advised nor represented WIFE in any manner whatsoever. WIFE, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that she could be represented by counsel but at all times has elected not to be so represented. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that Agreement is not the result of any duress, undue influence, 4 coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liabiliity or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTY AND DEBTS: Each party agrees to be responsible and to indemnify the other from any credit card debt ~n that party individual name as specified in Paragraph 14 herein. HUSBAND shall assume responsibility for and indemnify and hold WIFE harmless on the personal loan obtained through Members 1 st Federal Credit Union, Account Number 141437 with an approximate balance of $1,472.52. 5 HUSBAND shall retain the furniture which the parties' accumulated through their marriage. WIFE will retain the 2002 Hyundai Elantra and indemnify and hold HUSBAND harmless regarding the loan on the vehicle through Waypoint Bank, Account Number 8551018167, with an approximate balance of $8,880.69 HUSBAND agrees to sign any and all documents necessary to give effect to this provision upon request. WIFE shall receive the bed, dresser, dishes and coffee table. The parties agree that the foregoing distribution is in all respects fair and equitable under the circumstances. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 11. PENSION: HUSBAND and WIFE waive any and all claims to the other's retirement benefits 12. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to spousal support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all clah~s and demands, past, present or future, for alimony, alimony pendente lite or for any provision for support or maintenance. The parties further acknowledge that in consideration of the transfers made herein each completely 6 waives and relinquishes any and all claims and/or demands they raay now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they respectively maintain separate bank accounts. Each bank account shall remain the sole and exclusive property of the party who has maintained it in his or her name. HUSBAND and WIFE agree that they waive all fight, title, and interest in account(s) in the other"s name. 14. CREDIT CARD DEBT: HUSBAND and WIFE agree that each party will be responsible for his or her individual credit card debt, if any, incurred both before and after the date of separation. 15. CUSTODY: The parties are the parents of one minor child: John Alexander Hedstrom-Mayberry, date of birth February 26, 1999. The proxies shall share legal custody of the minor child. Primary physical custody of the minor child shall be with father. Mother shall have partial physical custody at times as the parties shall mutually agree. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or fight 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. 17. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures ~o disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. APPLICABILITY OF TAX LAW TO PROPER'][3t' TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on suc!h transfer and subject to the carry- over basis provisions of said Act. 19. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 20. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 8 21. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes anY and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments whic]h may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall .... ' then only that term, be determined or declared to be void or mvahd m law or otherwise, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and op,~ation. 26. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in the preparation of this Agreement. Not,0vithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition any court having jurisdiction to make equitable distribution of said asset. The non- disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 28. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 10 29. DESCRIPTIVE HEADINGS: The descriptive headings used h~rein are for convenience only. They shall have no affect whatsoever in determining the fights or obligations of the parties. 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of ?ennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WltEREOF, the parties hereto have set their hands and seals the date and ear first above wfitt~ .a9°~ '; *~0 ~ uot~mo0 ~ Y/ t~uno0 Ix~un0 "~ u~ WITNESS ~/- ~ 1! S:iCLiENTSICOLGANL~AYBERR}~JON~DIVORCE~SA'WPD COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF __ of ~ ~ ~ o"~ t~ ,2004,, before me, the undersigned On this, the .~0 ~chday ~ officer, personally appear'ed ELIZABETH MAYBERRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. hereunto set my hand and official seal. IN WITNESS WltEREOF, I have ~~ _(SEAL) NOTARY pUBLIC I BR~dq D. HUMBLE, .~. ~ ~ COMMO~E~ OF pE~SYLVAN~ : : SS CO~ OF ~ : isthe ¢~y of_ ~~ , 2004, before me, ~e ~d~si~ed On · . ~ ~g~y~ ~own to me (or satisfactorily proven) officer, personally appeged JONSON ~d ac~owledged that he to be ~e person whose nme is subscribed to ~e wi~n insmment, executed ~e sine for ~e p~oses ~erein con.ed. IN WITNESS ~E~OF, I have ~~ MY COMMISSION EXPIRES: Notadal Seal S. Dawn Gladielter, Notary public Dillsburg Boro, york County My Commission Expires May 17, 2005 Me[nber, pennsylvania Association ot N°tarie'~ 12 IN THE COURT OF cOM~ION PLEAS cUMBERLAND COUNTY, PENNSYLVANIA jONATHAN MAYBERRY Plaintiff VS. ELIZABETH MAYBERRY, Defendant NO. 04-3255 Civil CIVIL ACTION - LAW IN DIvoRCE 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 6, 2004. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fxom the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at,er service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS cUMBERLAND cOUNTY, PENNSYLVANIA JONATHAN MAYBERRY Plaintiff VS. ELIZABETH MAYBERRY, NO. 04-325!5 Civil CML ACTION - LAW IN DIVORCE Defendant 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. . . · entered by the Court and that 3. I understand that I will not be dtvorced until a dtvorce decree ts a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 'n this affidavit are true and correct. I understand that false - -'~. *~-a statements made t A. , ,:-~,~, unsworn falsifica~on ivemy ~- tthe .. ~ou~ CS 49t~relaun~,~ / statem~t~e?e herein are suvject v~-~ ×~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN MAYBERRY Plaintiff VS. ELIZABETH MAYBERRY, Defendant NO. 04-3255 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 6, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a f'mal 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date Eh~l~oeth Mayberry Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN MAYBERRY Plaintiff ELIZABETH MAYBERRY, Defendant NO. 04-3255 Civil CML ACTION - LAW IN DIVORCE ~y~IVER OF NOTICE OF INTENTION TO REOUEST ~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 fights 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 divomed 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN MAYBERRY Plaintiff VS. ELIZABETH MAYBERRY, Defendant NO. 04-3255 Civil CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). Date and manner of service of the Complaint: Certified Mail, Return Receipt Requested, Restricted Delivery, mailed on July 16, 2004 and delivered on July 21, 2004. An Affidavit of Service was filed with the Court on July 27, 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: September 27, 2004; By Defendant: September 27, 2004. (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. Related claims pending: There are no related claims pending. 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 Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: September 30, 2004; Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary:October 6, 2004. By: Timothy J~~ Attorney I.D. Number: 77944 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) IN THE COURT OF COMMON PLEAS JONATHAN MAYBERRY, OF CUMBERLAND COUNTY STATE OF ~~ Plaintiff PENNA. NO. 04-3255 Civil VERSUS ELIZABETH MAYBERRY, Defendant DECrEe I.N DIVOrCe AND NOW, DECREED THAT JONATHAN MAYBERRY AND ELIZABETH MAYBERRY , DEFENDANT, , IT IS ORDERED AND PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HaVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH a FINAL ORDER HAS NOT YEt BEEN ENTERED; THE TERMS AND PROVISIONS OF THE MARITAL SETTLEMENT AGREEMENT SIGNED BY BOTH PARTIES ON SEPTEMBER 27, 2004 AND FILED WITH THIS HONORABLE COURT ON SEPTEMBER 29, 2004, ARE HEREBY INCORPORATED BUT NOT MERGED IN THE DECREE IN DIVORCE AND REMAIN BINDING UPON THE PARTIES. BY THE COURT: / '~ ~: ' '~/~~~-~~P ROT H ONOTARY