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HomeMy WebLinkAbout05-0523Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9" JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA JASON L. CARBAUGH Plaintiff - U L No. OS - E Z3 / v wILvvt V. Civil Action - Divorce NANCY A. CARBAUGH Defendant YOU HAVE BEEN SUED IN COURT. I f 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA JASON L. CARBAUGH Plaintiff, n No. OS- 5,23 Lrv? c?SL v. Civil Action - Divorce NANCY A. CARBAUGH Defendant COMPLAINT UNDER SECTION 3301(C) OR 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Jason L. Carbaugh, an adult individual, sui juris, who currently resides at 409 Springfield Road, City of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 2. Defendant is Nancy A. Carbaugh, an adult individual, sui juris who currently resides at 2185 Lincoln Way East, City of Chambersburg, County of Franklin, Commonwealth of Pennsylvania 17201. 3. Plaintiff has been a bona fide resident of the Conunonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 27th day of November 1993, County of Cumberland, Commonwealth of Pennsylvania. 5. Neither Plaintiff nor 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 have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. For purposes of § 3301(d) of the Divorce Code, the parties have been living separate and apart since on or about Mayl, 2004. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff intends to file an affidavit of consent after 90 days have elapsed from the date of service of the Complaint on the defendant and believes that defendant will also file such an affidavit. REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. Mechanicsburg, PA 17055 (717)790-5400 Attorney for Plaintiff 42 East Main Street I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa.C.S. § 4904, relating to unsworn falsification to authorities. Jason L. baugh `J ? G C 6` i {.? CIO Tip; `s. ,.- 1 ern 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: 23Pa.C.S. § 3301(a)(6) -Indignities 23 Pa.C.S. § 3301(c) - Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194. HAZLETT Lee E. Oesterlmg1 D #-7- Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 r r JASON L. CARBAUGH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 05-523 CIVIL TERM CIVIL ACTION - LAW NANCY A. CARBAUGH, Defendant. IN DIVORCE NOTICE TO DEFEND AND CLAIM R1 HT 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 JASON L. CARBAUGH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff, V. NANCY A. CARBAUGH, Defendant. NO: 05-523 CIVIL TERM CIVIL ACTION - ]LAW IN DIVORCE AMENDED COMPLAINT IN DIVOR E AND NOW, comes the Plaintiff, Jason L. Carbaugh, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Amended Complaint in Divorce: 1. The Plaintiff, Jason L. Carbaugh, is an adult individual residing at 518 Lindbergh Way, Lewistown, Miffin County, Pennsylvania. 2. The Defendant, Nancy A. Carbaugh, is an adult individual residing at 2185 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania. 3. A divorce action was filed on behalf of the Plaintiff in the Court of Common Pleas of Cumberland at the above-captioned number. 4. Plaintiff wishes to amend that Complaint to add the following: A. That as of May 1, 2006, the parties will have lived separate and apart for a period of at least two continuous years. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce. COUNT II EQUITABLE DISTRIBUTION 5. Paragraphs 1 through 4 above are incorporated herein by reference and made a part hereof. 6. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. WHEREFORE, Plaintiff requests this Court: A. Enter a Decree in Divorce; B. Equitably distribute all property, both real and personal, owned by the parties; and C. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Date: Mancke, Wagner &: Spreha By 'ard Wagner, Esquire I.D. #23103 2233 North ]Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the Penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: vCo1a9/ 0 S -44 0 4- ?n JASON L. CARBAUGH, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NANCY A. CARBAUGH, Defendant. NO: 05-523 CIVIL, TERM : CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, ANNE M. SHEPARD, ESQUIRE, attorney for the Defendant, NANCY A. CARBAUGH, do hereby accept service of the AMENDED COMPLAINT IN DIVORCE in captioned action on the1May of qLLx--- 2005. Anne M. Shepard, the above- -0 L= r,?T? t -? N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Jason L. Carbaugh, No: 05-523 Civil Term Plaintiff Civil Action - Law Nancy A. Carbaugh, Defendant, In Divorce WITHDRAWAL OF APPEARANCE To: Curt Long, Prothonotary: You are hereby directed to mark as withdrawn my appearance on behalf of Nancy A. Carbaugh, Defendant in the above-captioned divorce matter. Date: G? U! o To: Curt Long, Prothonotary: __i' ix'A-e &I r? ? ? ? Anne M. Shepard, Esq ire 116 West Main Street Waynesboro, PA 17268 (717) 762-3327 ENTRY OF APPEARANCE You are hereby directed to enter my appearance on behalf of Nancy A. Carbaugh, Defendant in the above-captioned custody matter. Date: a,7 Ter4HallStilt- e r, squire Trgovac Law Office 25 Penncraft Ave., Suite 310 Chambersburg, PA 17201 (717) 262-9091 on o cam- ? l N F \FILES\General\Current\12093\12093.I.gdro.wpd Created: 9/20/04 0.06PM Revised. 8/6/07 10.32AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AUG 142001p4 JASON L. CARBAUGH, Plaintiff V. NANCY A. CARBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-523 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER th AND NOW, this 1 J? day of AuR-1& ( , 2007, based on the findings set forth in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items one through twenty- one: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on November 27, 1993, and their divorce is pending. 2. Participant Information: The name, last known address, Social Security Number and date of birth of the Plan "Participant" are: Jason Lynn Carbaugh 3 Lee Court Carlisle, PA 17013 175-68-2976 Date of birth: 12/30/72 a , 3. Alternate Payee Information: The name, last known address, and Social Security Number of the "Alternate Payee" are: Nancy Ann Carbaugh 1928 Clinton Avenue Chambersburg, PA 17201 193-62-9821 Date of birth: 12/28/66 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). Any changes in Plan Administrator, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under Section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to 100% of the Participant's Total Account Balance accumulated under the Plan as of May 18, 2007 (or the closest valuation date thereto), or at minimum $39,520.69, whichever is greater. Further, such Total Account Balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant. The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from the aforesaid valuation date (or the closest valuation date thereto), until the date of total distribution to the Alternate Payee, so long as the minimum amount to the Alternate Payee is $39,520.69. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Unless the Alternate Payee elects an immediate lump sum distribution prior to, or at the time this Order is processed, such benefits shall also be segregated and separately maintained in a non-forfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established in the same fund mix percentages as the Participant Account. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the Plan. 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's Estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary other than his or her Estate. 12. Death of a Participant: Should the Participant pre-decease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414 (p) of the Code, as it may be amended from time to time, and the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 402 (a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution. 17. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code Section 414 (p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement: In the event that the terms of the Plan require the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. 21. Fee: A processing fee of $250.00 shall be charged one-half ($125.00) against the Alternate Payee's account and one-half ($125.00) against the Participant's remaining account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account. If there are not sufficient funds in either party's account to pay that party's respective share of the fee, the difference shall be charged to the account of the other party. BY THE COURT, ??a? , J. ?• ?. ??" t ti t ?. t'J ,?,.?i.C'`? . ?? ?? ??t? ?? sZ ? :?? -.?'-,,t-?3.. ?? F:\FILES\DATAFILE\General\Current\ 12093\12093. Laffcons Created: 9/20/04 0:06PM Revised: 5/18/07 11: 32AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JASON L. CARBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-523 CIVIL ACTION - LAW NANCY A. CARBAUGH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 15, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 7 Q? Jas L. Carbaugh, Plainti r..., ?. - 9 `=°' ? ?( YI` ?. ? ? ??4? . ( ( 1 te ?.?' ?.._i ..r ' :`% ?-1 ??' ?. ,? ts-?' Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JASON L. CARBAUGH, Plaintiff V. NANCY A. CARBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-523 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date irrjA T T Jas n L. Carbaugh, Plain -T; ?5 a © S' S 3 THIS AGREEMENT made this !f 7'?4 day of /?2e7V , 2007, by and between Nancy A. Carbaugh of 1928 Clinton Avenue, Chambersburg, Franklin County, Pennsylvania,,hereinafter referred to as "Wife,"and Jason L. Carbaugh of 3 Lee Court, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 27, 1993 in Newburg, Pennsylvania. There was one child born of this marriage, said child being Hunter Lynn Carbaugh, born April 14, 1994. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including: settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife; WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this Property and Separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, M. Teri Hall Stiltner, Esquire of the Trgovac Law Office for Wife and Jennifer L. Spears, Esquire and Thomas J. Williams, Esquire of Martson, Deardorff, Williams & Otto, for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has no objection whatsoever to the other party's use of said counsel, that each is familiar with and fully understands the relevant law and relevant facts, including the assets, liabilities, income of the other party and that each has been fully informed as to his or her legal rights and obligations. Each party represents that he/she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 1 Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, after having received such advice and with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 2. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets; that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: (a) no formal appraisals have been conducted and that the values assigned to the assets merely are the good faith estimates of current fair market value/book value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; (b) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. No representations and/or warranties have been made as to those assets. This Agreement has been negotiated on the assumption that these disclosures are accurate. If one of the parties fails to disclose an asset then, at the other party's sole discretion, the undisclosed asset shall be divided on a 55/45 basis with 55% to Wife and 45% to Husband. 3. PERSONAL RIGHTS AND SEPARATION Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to, or which may occur subsequent to, the date hereof. The parties intend to Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 2 secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or (d) of the Divorce Code of 1980. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. 7. PERSONAL PROPERTY Husband and Wife acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and thereafter Wife agrees that all of the property stored on behalf of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do thereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8 BANK ACCOUNTS For the mutual promises and covenants contained in this Agreement, Husband and Wife agree as follows: Husband and Wife have previously divided their joint bank accounts. For and in consideration of the mutual covenants and promises contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in any and all of Wife's bank accounts, credit union accounts, checking, savings, or financial accounts. Except as otherwise provided for in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in any and all of Husband's bank accounts, credit union accounts, checking, savings, or financial accounts. Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 3 9. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The Toyota 4-Runner shall become the sole and exclusive property of Wife. Wife shall assume sole financial responsibility for any and all debt associated with said vehicle and shall indemnify and hold Husband harmless from payment thereon. b. The Toyota Tundra shall become the sole and exclusive property of Husband. Husband shall assume sole financial responsibility for any and all debt associated with said vehicle and shall indemnify and hold Wife harmless from payment thereon. C. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided on the date of the execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. d. Except as otherwise provided for in this Agreement, from the date of the execution of this Agreement, the party having title to and/or possession of an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans. Each party represents to the other party that, to the best of his or her knowledge other than the previously mentioned liabilities, there are no outstanding liabilities relating to the automobiles existing as of the date of execution of this Agreement. Except to the extent that the foregoing representation is false, the party having title to and/or possession of an automobile shall be solely liable and shall keep the other party exonerated and indemnified against and held harmless from any past, present or future liability, including reasonable counsel fees and increased insurance premiums, due to any of the expenses set forth in this paragraph. 10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate 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. REAL ESTATE: On December 14, 2004, the parties sold the former marital residence known as 586 Musser Road, Shippensburg, Pennsylvania. After payment of the outstanding mortgage, real estate transfer taxes, realtor's commissions and related usual and ordinary closing costs, the net amount received by the parties was divided by Wife and Husband at the time of settlement. Wife received fifty percent (50%) of the net proceeds and Husband received fifty percent (50%) of the net proceeds. Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 4 On February 8, 2007, the parties sold former marital real estate consisting of a two acre lot in Shippensburg, Pennsylvania. After payment of the outstanding mortgage, real estate transfer taxes, realtor's commissions and related usual and ordinary closing costs, the net amount received by the parties was divided by Wife and Husband at the time of settlement. Wife received fifty-five percent (55%) of the net proceeds and Husband received forty-five percent (45%) of the net proceeds. Each party shall be responsible for reporting the taxable gain on the sale of the marital real estate based on the percentage of the net proceeds that they each received at the time of settlement. The responsibility may be discharged by the actual payment of the tax or by complying with all applicable requirements regarding the deferral or elimination of such tax as a result of purchasing a new residence pursuant to the I.R.C. The parties shall cooperate in establishing the basis of the marital real estate for income tax purposes, including providing each other with the relevant closing sheet(s) and receipts for improvements. Each party shall indemnify the other and hold him or her harmless regarding their respective percentage of the taxable gain for which he or she is liable. 12. PENSION INTERESTS a. The parties recognize that Husband has a SERS retirement plan as a result of his employment with the Commonwealth of Pennsylvania. For and in consideration of the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in Husband's SERS retirement plan. b. The parties further recognize that Husband has a Commonwealth of Pennsylvania Deferred Compensation Plan, hereinafter referred to as the "Plan," as a result of his employment with the Commonwealth of Pennsylvania. The parties stipulate and agree that Husband shall transfer and assign to Wife all right title claim or interest he may have in his Plan. As of December 31, 2006, Husband's Plan had a balance of thirty-nine thousand five hundred twenty dollars and sixty-nine cents. ($3(,520.69) It 1?22 d- is anticipated by the parties that Wife shall receive a minimum of thirty-nine thousand five hundred twenty dollars and sixty-nine cents from Husband's Plan. Husband shall compensate Wife for any and all decreases in the value of his Plan that may occur prior to and including the date of distribution that are not attributable solely to changes in the investment market that are beyond Husband's control. It is intended by the parties that this provision for the transfer of Husband's Plan shall be approved by the court as a separate order, which shall constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the I.R.C. Within thirty (30) days of the execution of this Agreement, it shall be the duty of Husband and/or Husband's counsel to deliver the QDRO to the Plan Administrator for the Commonwealth of Pennsylvania Deferred Compensation Plan. Husband shall be responsible for the cost and preparation of the QDRO including any and all revisions necessary to obtain final approval and implementation of the QDRO by the Plan Administrator. Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 5 Until the transfer of Husband's Plan is effected, Husband shall designate Wife as the sole beneficiary of any death benefits payable by reason of his death from Husband's Plan in which Husband has an interest at his death. C. Except as specifically provided for in this Agreement, Wife and Husband hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including but not limited to pension or profit sharing benefits, retirement savings plans, and IRA accounts) or other similar benefits of the other party. The parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Agreement. Husband shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing Wife to designate any beneficiary as Wife elects to receive amounts that may be payable under the Plan upon her death. Husband shall agree to any changes to such beneficiary designation made by Wife prior to the dissolution of marriage. 13. DEBTS a. Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. b. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 14. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 6 may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 15. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, 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 after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 16. WAIVER OF SUPPORT a. Husband hereby waives all right to claim against Wife for support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband for support, alimony, alimony pendente lite, counsel fees and expenses. 17. HEALTH INSURANCE: Husband represents that he presently is carrying for the benefit of Wife health insurance through his employer the Commonwealth of Pennsylvania. Subject to the terms and conditions of the subparagraph below, and for a period of ninety (90) days following the execution of this Agreement, Husband shall maintain, at no expense to Wife, medical, dental, optical and hospitalization and related major medical insurance coverage for Wife, which coverage shall be: No less than the benefits provided by Husband's employer, the Commonwealth of Pennsylvania in effect as of December 31, 2006. Wife shall be entitled to obtain verification of coverage from Husband or Husband's insurer for the foregoing insurance coverage. Upon the completion of Husband's obligation to provide health insurance for Wife pursuant to the aforementioned paragraphs, Husband agrees to take all steps necessary to assist Wife in obtaining coverage under the federal Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"). The cost for such coverage shall be paid by Wife. 18. MUTUAL RELEASES Except as specifically provided for in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim 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 rights, title and interests, or claims in or against the property (including income and gain from property hereafter Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 7 accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, 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 right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 the intention of Husband and Wife to give to 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. 19. INDEMNIFICATION From the date the title of a particular asset was or is transferred and except as otherwise provided for in this Agreement, the party who has title to an asset pursuant to the terms of this Agreement shall be solely responsible for all past, present and future expenses or liabilities attributable to and/or resulting from either party's interests in that asset, and/or by reason of the other party's former ownership thereof, including, if applicable, any tax consequences, mortgages, liens of any nature, real estate taxes, water and sewer rents, utility services, homeowner's insurance, gardening expenses, minor and major repairs, and routine maintenance and that party shall keep the other party exonerated and indemnified against and held harmless from any liability and/or expense, including reasonable counsel fees, which are incurred in connection with such asset or resulting from the other party's prior ownership interest in that asset. 20. BANKRUPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. The parties represent, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The payments provided for in this Agreement are not, and are not intended to be, a debt which is affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 8 21. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint Federal, state and local income tax returns. Husband agrees 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 Wife or Husband by reason of her having joined in the filing of said joint returns, Husband will indemnify and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment, unless the deficiency is the fault either solely of Husband or solely of Wife then the responsible party will bear the costs of any liability. 22. DIVORCE DECREE Husband has commenced an action for divorce from Wife pursuant to 3301(c) or (d) of the Pennsylvania Divorce Code by the filing of an Amended Complaint on July 15, 2005. Within ninety (90) days of the execution of this Agreement, both parties shall, furnish Husband's attorney with the Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact that Husband shall bare the cost of said divorce. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1980-26. b. This Agreement may be offered into evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. LEGAL FEES In the review and preparation of this Agreement each party shall bear his/her own legal fees. 24. REMEDY FOR BREACH In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. The non-breaching party shall have the right, at his or her election, to either sue for damages for such breach, in which event the breaching party shall be responsible for the payment of legal fees and costs incurred by the non-breaching party in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 9 25. EQUITABLE DISTRIBUTION It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as `The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. TAX CONSEQUENCES By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction or outside funds or other property not constituting a part of the marital estate. 28. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. RECONCILIATION The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void. Otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 30. SEVERABILITY Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 10 If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 31. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 33. EFFECT OF DIVORCE DECREE The parties agree that unless 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. 34. NOTICES Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Wife: c/o M. Teri Hall Stiltner, Esquire Trgovac Law Office, 25 Penncraft Avenue, Suite 310, Chambersburg, Pennsylvania 17201. 02? L C w v?reS b. To the Husband: c/o Jennifer L. Spears, Esquire, Martson , *to, 10 East High Street, Carlisle, Pennsylvania 17013. 35. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 11 36. CAPTIONS The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 37. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 38. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: Seal) Nanc . Carbaugh (Seal) Jason L. Carba Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 12 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF FRANKLIN ) On this, the o?s - day of 2007, before me, a notary public, the undersigned officer, personally appear d Nancy A. Carbaugh, 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. In Witness Whereof, I hereunto set my hand and notarial seal. otary Public Ilili Wd MdwdQ M?OrN?111 ft1141M NM, FadNn Cov* ?? Con MMM Exon Jon. 29, MI COMMONWEALTH OF PENNSYLVANIA C ?? / ) 5N. COUNTY OF i ) On this, the day of , 2007, before me, a notary public, the undersigned officer, personally appeared J on A. Carbaugh, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary Public .:OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County M commission ex fires December 20, 2010 Property and Separation Agreement of Nancy A. Carbaugh and Jason L. Carbaugh 13 «..'.r ? ,? . ?, rN1d;*?'?? ? .?s,ti ?? ? -? ?, T .! ` e" Cti? fem., ? 1 ?, -, ?..? J -? t_ r ?? ti? .,,? C.? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jason L. Carbaugh, Civil Action - Law Plaintiff V. No. 05-523 Civil Term Nancy A. Carbaugh, Defendant In Divorce a.v.m. AFFIDAVIT OF CONSENT 1. A Compliant in Divorce under Section 3301(c) or 3301 9(d) of Divorce Code was filed on July 15, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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 unworn falsification to authorities. Date: N y A. Carbaugh C3 77 4 W f ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jason L. Carbaugh, Civil Action - Law Plaintiff V. No. 05-523 Civil Term Nancy A. Carbaugh, Defendant In Divorce a.v.m. 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 the Waiver 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: awl N y A. Carbaugh . 7 15 t M %4k F:TfLES\12093\12093. Lpral Created: 9120104 0:06PM Revised: 8/29107 2:10PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JASON L. CARBAUGH, Plaintiff V. NANCY A. CARBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-523 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. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via Acceptance of Service dated July 18, 2005, filed June 6, 2006. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; August 17, 2007; by the Defendant; August 29, 2007. 4. Related claims pending: All claims have been resolved by a Property and Separation Agreement dated May 18, 2007. r *#A%. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 17, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Concurrently with the filing of this Praecipe. MARTSM LAW Date: August 29, 2007 Attorneys for Plaintiff Jennifer L. Spe?fs , Esquire Hi Street Ten East Carlisle, P 17013 (717) 24 -3341 c CD i ?i IN THE COURT OF COMMON PLEAS JASON L. CARBAUGH No. 05-523 VERSUS DECREE IN DIVORCE AND NOW, LYYtib v 2*00?, IT IS ORDERED AND DECREED THAT JASON L. CARBAUGH , PLAINTIFF, AND NANCY A. CARBAUGH DEFENDANT, 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; A Property and Separation Agreement dated May 18. 2007. is hereby incorporated but not merged into this Decree. A OF CUMBERLAND COUNTY STATE OF PENNA. BY THE COURT: ? ?? ? Go. ?s ?? ?'? f