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HomeMy WebLinkAbout05-3953 flldiv\MCDONALD,KATHLEEN-affofservice KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0~J-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I se:~ved the Complaint in Divorce in the above captioned matter on the defendant, NATHANIEL F. MCDONALD, on August 6, 2005, at 415 7th Street, New Cumberland, PA 17070, by United States Regular Mail, on August 6, 2005, as evidenced TO AND SUBSCRIBED his ~ day , 2005. by the attached Acceptance of Service. MMONWEAL1H OF PENNSYtVANlA NOTARIAL SEAL KATHLEEN KEIM, Notary Public New CUmberland Boro. Cumberland Co. My CommIssIon Exptres Dec. 5. 2006 F\docs\fl\div\MCDONALD,KATHLEEN-acctofservice KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0~)-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE ACCEPTANCE OF SERVICE I, NATHANIEL F. MCDONALD, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce filed August 3, 2005, to the above term and number. oS? - nro -()5 Date -;bJ://ill7:${2~aQ NATHANIEL F. MCDONALD, Defendant ~ L' (') c: ::..,,~ ..,...(" ~::: ~( S~C-; :f',' ,~;~ ? :~ . "'-> = = c.n "'" C C;; ~ ~::o ~~ ~:B .._0 Om ~ -< o "". :x S' W VI '.,",'H.'.""".'"'''''''''''''' :/, KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~- J'1~'3 CIVIL TERM NATHANIEL F. MCDONALD, Defendant 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 at the Cumberland County Courthouse, Carlisle, PA 17013. 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 Countv Bar Association 32 South Bedford Street Carlisle. PA 17013-3302 Telephone: (717) 249-3166 fl\div\MCDONALD,KATHLEEN-divcomp3301c KATHLEEN A. MCDONALD, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. os- 3953 C4;J I~ NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is KATHLEEN A. MCDONALD, an adult individual, who currently resides at 415 7TH Street, New Cumber- land, Pennsylvania 17070. 2. The Defendant in this action is NATHANIEL F. MCDONALD, an adult individual, who currently resides at 415 7TH Street, New Cumber- land, Pennsylvania 17070. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on October 13, 1996, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is -1- irretrievably broken. 7. The Plaintiff avers that no children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. 54904, relating to unsworn falsification to authorities. I(~ 711d1~ KATHLEEN A. MCDONALD Date: 1. J7.0S- STONE E for Plaintiff -2- () -;;1 ..-\ ...,... ;-,:, ~ A \\ ~ ~ - --- ~ ~ ~ () (J .J ~ \~ ~ '\' ~ ~ ~ \ (...:, ~-". 'C;? r ~. CD I \:Ji v \J']~~00NAr,D, KATHLEEN-Inct iGn lc i nc:o:::po'.,3. tco KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE KATHLEEN A. MCDONALD, Plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached Agreement dated March 14, 2006, into the Decree in Divorce. " STONE La FAVER & SHEKLE7SKI / f ,II i' 'I fl\agm\lSETTLEMENTAGRMNT AGREEMENT THIS AGREEMENT, made this \~~ VVloJldA- , 2006, day of by and between Kathleen A. McDonald, of Cumberland County, Pennsylva- nla, (hereinafter referred to as "Wife"), and Nathaniel F. McDonald, of Dauphin County, Pennsylvania, (hereinafter referred to as "Hus- band") ; WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on October 13, 1996, and WHEREAS, no children have been born of this marriage; 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 for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future -1- 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 premises 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 parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. Advice of Counsel. Elizabeth B. Stone, Esquire. The Wife has been represented by The Husband has not indicated that he has consulted with an attorney at this time, although he has been advised of the benefit of such consultation, and further advised that the attorney for Wife cannot in any way offer any advice to Husband. -2- , II Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Preparation of Aareement. This agreement has been prepared by the attorney for the Wife. Said attorney at the commencement of, and at all stages during, the negotiation of this agreement informed the Husband that she has acted solely as counsel for the Wife and has not advised or represented the Husband in any manner whatsoever. The Husband at the commencement of, and at all stages during, the nego- tiation of this agreement has been told by said attorney that the Husband should be represented by his own counsel, but at all times he has chosen not to do so. The Husband has read this agreement carefully and thoroughly, fully understands each of its provisions, and therefore signs it freely and voluntarily. 4. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 5. Personal Rights. Each party shall be free from interference, authority, and contact by the other, as fully as if 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 -3- attempt to endeavor to molest the other, nor compel the other to cohabit 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, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 6. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if 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 cohabit 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. 7. Release of Claims. Wife and Husband 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 rights, titles and interests, 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 situate, which she or he now has or at any time hereafter may have against such other, the -4- 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 or curtesy, or claims in the nature of dower or curtesy of 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 @) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, 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 thereof. It is the intention of Wife and Husband 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 thereof, -5- subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 8. Warrantv as to Future Obligations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 9. Assumption of Liabilities. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. -6- '11 10. Assumption of Debts. Husband assumes and agrees to pay and hold the Wife harmless against the following debts and obligations: 1999 Toyota Camry (recently replaced with a newer car in his own name) Chase Platinum MasterCard - #5183372470058091 MBNA MasterCard #5490 9953 1603 1167 AARP (Chase) # 4408039001684271 Citi Platinum #5424180185349526 Fleet (Bank of America) #5491 0001 25038955 AAA - #4264296024060532 American Express #3722 887236 64000 If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obligations, the Husband will, at his sole expense, defend the Wife against any such claim, action or proceeding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding. 11. Assumption of Debts. Wife assumes and agrees to pay and hold the Husband harmless against the following debts and obligations: All rights, title and interest and equity in the home located at 415 7'" Street (Title in Kathy's name alone) 2003 Toyota Corolla (currently titled in both names) PNC Bank loan VISA credit card in her name dentist bill If any claim, action or proceeding is hereafter brought seeking to hold the Husband liable on account of such debts or obligations, -7- the Wife will, at her sole expense, defend the Husband against any such claim, action or proceeding, whether or not well founded, and Wife will indemnify and hold Husband harmless from and against such claim, action or proceeding. 12. Husband agrees to pay all outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, including but not limited to the following: Only those listed in item #10 above All future debts incurred by the parties shall be their individual responsibility. 13. Husband and Wife agree to pay one-half (~) of the outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this agreement which debts are as follows: Only those listed in item #10 and item #11 above Husband and Wife agree that if there are other outstanding joint debts not listed above incurred prior to the signing of this agreement that each is to pay one-half (~) of such debts or obligations. 14. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, -8- . ~ I Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 15. Personal Propertv. Husband hereby agrees to set over, transfer and assign all of his right, title and interest to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, and any household goods of whatever nature which are presently located or situated in the residence at~ 7th Street, New Cumberland, Borouoh of New Cumberland, Pennsvlvania; irrespective of the foregoing provisions, Wife hereby agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "An, which has been annexed hereto and made a part hereof. By these presents, each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above items which are the sole and separate property of the other from the date of execution hereof. 16. Securities to Husband. The following securities shall be the sole property of the Husband, free and clear from any claim on the part of the Wife. The Wife shall deliver these securities to the -9- Husband and shall execute all documents and perform all acts necessary or required to transfer and deliver these securities to the Husband: n/a Any undistributed dividends or interest presently due on the above securities shall be paid to the Husband. 17. Securities to Wife. The following securities shall be the sole property of the Wife, free and clear from any claim on the part of the Husband. The Husband shall deliver these securities to the Wife and shall execute all documents and perform all acts necessary or required to transfer and deliver these securities to the Wife: n/a Any undistributed dividends or interest presently due on the above securities shall be paid to the Wife. 18. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 19. Husband's Bank Account. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Husband, free and clear from any claim on the part of the Wife; and the Wife shall execute all -10- . ~ . documents and perform all acts necessary or required to transfer these accounts to the Husband: unknown at this time by Wife Any undistributed dividends or interests presently due on the above accounts shall belong to the Husband. 20. Wife's Bank Account. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Wife, free and clear from any claim on the part of the Husband; and the Husband shall execute all documents and perform all acts necessary or required to transfer these accounts to the Wife: Sovereign Bank Account - Toyota Corolla financed through this account -mortgage for the premarital real estate titled in Wife's name alone Any undistributed dividends or interests presently due on the above accounts shall belong to the Wife. 21. Automobile to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1999 Toyota Camry. It is understood by both parties that Husband recently was involved in an auto accident that determined the value of this car at as a total loss. Husband has since replaced this car with a new -11- vehicle financed and titled into his name alone. Wife shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within two years of the execution of this agreement or at such time as the vehicle loan has been satisfied. If Husband shall desire to sell said vehicle prior to the loan being satisfied, Wife agrees to sign any and all documents necessary to transfer and convey clean title to the Buyer. 22. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 2003 Toyota Corolla. Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within two years of the execution of this agreement. If Wife shall desire to sell said vehicle prior to the loan being satisfied, Husband agrees to sign any and all documents necessary to transfer and convey clean title to the Buyer. 23. Proper tv Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. -12- Husband hereby agrees to convey, transfer and 24. Real Estate. grant to Wife his right, title and interest in the real estate situated and located at 415 7~ Street, New Cumberland, Borough of New Cumberland, Cumberland County, Pennsylvania. This real estate was purchased by Wife prior to the marriage. The deed is in Wife's name alone has not been changed. Husband agrees to sign any paperwork regarding a waiver, release, or consent relinquishing his right, title and interest in this property, if required, to enable Wife to re- finance or sell the home before or after the entry of the Decree in the Divorce. From the date of this agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. 25. Waiver of Alimonv. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves suffi- cient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of this -13- agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 26. Enforcement. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judgment, decree or order made by a court in connection with this agreement or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party. 27. Pavment of Attornev Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 28. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relating to the subJect matter of this agreement and as to the rights and liabilities of both parties. -14- B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 29. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 30. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 31. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. -15- . 32. Future Earninqs. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acqulring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 33. Warrantv as to Future Obliqations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 34. Pension/Retirement. Husband and Wife do hereby waive any and all interest which they may have in the any and all retirement accounts of the other. 35. Waiver of Riqhts. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to -16- . equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 36. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 37. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 38. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with -17- I _J . respect to this agreement or any provislons or matters referred to in any provisions thereof. 39. Aqreement Bindinq on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 40. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. this space left intentionally blank -18- , ' . 41. Headinqs. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. Witness .iI' I} 1\ V. ~C~ 7?AJJ~ (SEAL) Kathleen A. McDonald /)~ . /2/) W;i/{i-0 1!d~Y (SEAL) Nathaniel F. McDorlald -19- o ~;: ....c f1; f ~ , (." ....' r:-:"'l '.7") C -1': ,- . ::v i.:;. '::l - CT' Si?, .-\ :t::n \'"'r- -a~:~ ::IJ"j r,?(L~l ~t~) )1 7"'- tc:.,r" ~.~ i.' :.t ~ (~ 0' ...0 fl \0'::' v\\1CLlC"ALD, KA1'HLECN-2.:fotcor:sen t KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under S 3301(c) of the Divorce Code was filed on August 3, 2005, and served August 6, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. S 4904 relating to unsworn falsifica- tion to authorities. mi1VC~ \ ~ I J-oOLp /~~2 \) ~I ~".';; '/.u/ ;/'Al>:J Nathaniel F. McDonald, Defendant Date o ~ ~.~ -0 G.' mn, "7't z.; ,j:l..":; _.( < r:.C ''':;''' '~." " ~~'i~~ .-> g c:r' :% ..,.."...... So - 0" ~:~ ~~ Si?, .-\ ::l:-n rrt r:: -0 OJ) :0'1 C,.~C) :~i =~!~ ~2c) (::;:('\, :-.::\ -po '3: -0 ::J;:. is? 0:..:> if, ':" i \eli 'j\t~C~)Ot"AL=-', "'^""'f-:L,,E)l-a f fot C:O:lse:-,t. KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on August 3, 2005, and served August 6, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsifica- tion to authorities. NllAy-cl \~ I d()O~ ,t(~ 7i1c.iJ~ Kathleen A. McDonald, Plaintiff Date ~ ~...< -o[f' l2! L~' -,; ~.. 0) 2 ~( '?=t :>[;; ~~ _._1 ...: ...-> ..-:;.::. = qo, :x ".. :::.0 o "T1 -< :r:." n1p -r]fn -~,C? ;:l ~f~ :~~f~ ~:j "1:, :< en ""tJ 3: ~ (..J Ul - f L \Ji 'i\ECCONA~,:J, '<P,'~-f-IL"EN-'''iai v~rc~not i ce KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 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. II I II 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn talsitica- tion to authorities. MClnk I ~ I &cw, /i ' }(~U. J~icjJ,~L Kathleen A. McDonald, Plaintiff Date (") :n~ I".r -;:~ . ' ~.. :?" (0 j .~~~.; .--':"' .~:: ," :~~~~ :z ...--.---------- ....., = C;:':) ("_-roo (::;. -.-, ':1!.,., nlp -nrn ::.:Jc;~1 ',..~.~ r:J :5~~ ;~'''m ...J :::.~ "" ~J' -< :x :r.. ;;0 0' -0 :To f:-:l c.-> 0. - f 1 \,~i. v\~lCDOI\F,~C, KATHLEl:;N-'''iiii vero: no;:: ice KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties Qf 18 Pa. c.s. 5 4904 Yelati~g to unswor~ faJsifica- tion to authorities. milv[~ It JoD0> ~/~] .1l )~" /(/.2 ...---; . /)( !/ A. ,-,,"y Nathaniel F. McDonald, Defendant Date () c: 'T)6~ n1r:' "'7:t ;:;"i, (/;;; ..' c: ::;.;; i~~. ~-~ ::::} .-( ", = = 0-'" o " .-/ ::t:_ rn~ -om ~Il C;) '-) , '.::~c: '::~d~~ G,n --I ~ .". ""' 3: :I;:\IIr ;;>;) 0'1 -" ~.: ~'? w U1 KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3953 NATHANIEL F. MCDONALD, Defendant 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 53301(c) JJ01(d) (1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Auqust 6, 2006 via United State Reqular Mail 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 53301 (c) of the Divorce Code: by Plaintiff March 14. 2006 by Defendant March 14. 2006 (b) (1) Date of execution 53301(d) of the Divorce Code: and service of the Plaintiff's of the affidavit required by ; (2) Date of filing affidavit upon the respondent: 4. Related claims pending: No Claims Raised 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: .:J- {L, - (;; b Date Defendant's Waiver of Not~e/_~n was filed with the Prothonotary: '7,--1(.:, -~ / ,./' 53301(c) Divorce -- ~. 0 r-> 0 = -;; ,"" -n "'" ~-" ::I: :t ""'(Jn~ f'!"(\ ~ rn f9: Z' 2: -oQJ (/:. '.~_O\"."" -< C1' (?~J r- ~- '.r~ -, ""!) ;~;~ ~~ ?7"' 3' ~~.:: r:-i' 3rt1 ....l ~ -c' (..., ~n U:l -< f 1 \di v\HCDONALD, KA'::'ELF~N-oHl""rt0 i ncarpara te J. KATHLEEN A. MCDONALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3953 NATHANIEL F. MCDONALD, Defendant CIVIL ACTION LAW IN DIVORCE ORDER AND NOW, this "l..\S\ day of -t\~~'-\\ , 2006, the Agreement between the parties dated March 14, 2006, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: ~\\ '-l lWy J. ?fpc/[ ~/ ~; ,,' ,,,,,-,,,~,, . "'V':flv I O:~ Wd 12 ~m-l90Gl I~J\.,Il(',I.;.""1 -',' '-, r 1\"-' ~ i, <'..~/ii;J !,h;-1 :.11.[ :10 - . ...,-,,,, ~ , 381:!:i(}{J311:l ----- +:'f. <t: <t:;t; + <t: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . <t:'1'<t:;t;,.;;t; <t:;f.<t:<t: ... '1'<t:'1':+::+::+::+:,.;:+::+::+::+::+:<t: .. +<t:'1'<t:+:+::+:+:+:'1'<t::+:'1'<t:<t:<t::+::+:+:+:+++<t:'f':+:+'1'+~ . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF KATHLEEN A. MCDONALD, Plaintiff VERSUS NATHANIEL F. MCDONALD, Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AND NOW, t"\ Mt c... ~ PENNA. No. 05-3953 DECREE IN DIVORCE 1\ lteG. , IT IS ORDERED AND DECREED THAT KATHLEEN A. MCDONALD , PLAINTIFF, AND NATHANIEL F. MCDONALD , 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; The parties marital settlement agreement dated March 14, 2006 . . . . . . . . . . . . . . . . . . . is . . :T::+: + <t: '1' Of '" but not merged, into the Decree in Divorce. By THE COURT: \\\ -l C ~~ \ L ATTOST' ~ ~ ~ , fp,~{oC"O"OT^"Y .B . +<t::T '1':+:+:+:+ +'1':+:+::+::+::+::+::+: +:+:++ :+::+::+:+ ++++++:+:+++:+:++'f++++ . . . . . . . . . . . +'f+++++'f:+:+:++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,~.t' ~'1.ml 7//., W-.3C"'E ~fr7:Z~~?/P "Xl~'E' '''" ;'.. ..1.'.