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HomeMy WebLinkAbout06-3850 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 0 (r 38'SV C...! ,,:/1 +u"" ERICA MANN, Plaintiff JEFFERSON R. MANN, Defendant : CIVIL ACTION.. A T 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, 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE,PA 17013 1-800..990..9108 ERICA S. MANN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~NO. (Jt..-38s/)~'.J ,,,-- JEFFERSON R. MANN, Defendant : CIVIL ACTION- AT LA W- IN DIVORCE DIVORCE COMPLAINT WITH EQUITABLE DISTRIBUTION CLAIM The Plaintiff, Erica S. Mann, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, makes the following Complaint in Divorce: COUNT I-NO FAULT DIVORCE--~~ 3301(c) or 3301(d) 1. The Plaintiff, Erica S. Mann, is an adult individual currently residing 6701 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Jefferson R. Mann, is an adult individual currently residing at 6701 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff has been a bona fide resident of the Commonwealth for at lease six months. 4. The parties were married on December 11, 1999, In Chester County, Pennsylvania. 5. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. This action is not collusive. 9. There were no children born to this marriage. 10. The Defendant has been honorably discharged from the United States Armed Forces. WHEREFORE, the Plaintiff requests this Honorable Court enter a decree of Divorce in this matter. COUNT II-EQUITABLE DISTRIBUTION--~ 3502(a) 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as if set forth specifically below. 11. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to s3502(a) of the Divorce Code. Respectfully submitted, Date: {J7-0lrrJp Shana . Pugh, Esqui Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 10# 200952 Tel. (717) 763-1800 ERICA S. MANN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. JEFFERSON R. MANN, Defendant : CIVIL ACTION- AT LA W- IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: f:!1/o'1/ottJ Signature:~~ Erica S. ann ~ ~ rp ~ ~ - - ~ c 'j 8 '", --4 C> c. -t::.. .,. ~ 1>- ~ ~ --- -..0 t:> ~ ~ -", 1> \l-- ';: ~ :1:-'<. ~ l. ~ <. ;. (~l f....,.-' C';~ ':,;.' ~_l, c_.. i'''~ _..1 -"~1 v MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this X!iiay of July, 2006, by and between ERICA S. MANN, "WIFE" and JEFFERSON R. MANN, "HUSBAND". WHEREAS, the parties hereto were married on December 11, 1999, in Chester County, Pennsylvania; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support, alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to;be legally bound hereby, the parties do hereby agree as follow: 1. Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Shana M. Pugh, Esquire. With full knowledge of the implications of this agreement, HUSBAND has elected not to seek independent legal counsel. The parties further declare that each is executing this Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence and/or collusion. 2. Divorce Action. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S3301(c) of the Divorce Code. A divorce action has been filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of one hundred and four (104) days after the service of said complaint on HUSBAND. If HUSBAND does not execute the Affidavit of Consent and Waiver of Notice upon expiration of one hundred and four days after service of said complaint on HUSBAND, HUSBAND agrees that he will be responsible for any and all of WIFE'S attorney's fees incurred in securing a divorce decree and for any action brought by WIFE to enforce the terms of this paragraph. WIFE agrees that she will not seek legal counsel to enforce the agreement until the one hundred and thirty-fifth day after service of the divorce complaint. 3. Date of Execution. The "date of execution" and "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. The Agreement shall be effective on the date of execution. 4. Mutual Releases. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue ofthe marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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 Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. Financial and Procedural Disclosure. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. Separation/Non-Interference. The parties agree that, for all purposes, the date of separation shall be July 1, 2006. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. Marital Residence. The parties currently reside at 6701 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The grantees ofthe property are Thomas D. Link, Carol A. Link, Erica S. Mann, and Jefferson R. Mann. HUSBAND agrees to grant the property to Thomas D. Link, Carol A. Link, and Erica S. Mann with the right of survivorship. WIFE agrees to pay HUSBAND $6,500.00 as full payment for HUSBAND'S equitable share of the marital residence. WIFE will deliver a cashier's check in said amount to HUSBAND no later than July 21,2006 by 8:00 p.m., with the conditions precedent that HUSBAND vacates the property not later than 7:00 p.m. on July 21,2006 and that he executes the necessary documents to remove his name from the deed to the property. 8. Debts. The parties acknowledge and agree that marital debt will be apportioned as follows: WIFE will pay the following debts: Master Card Credit card; Home Depot Credit Card; Lowes Credit Card; and all of her outstanding student loan debt. HUSBAND will pay the following debts: Visa Credit Card and all of his debt attributable to his education, including, but not limited to, student loans. HUSBAND and WIFE are co-borrowers on a Bank of America Teri loan, with a current balance of$1,377.00. HUSBAND agrees to comply with all terms of the loan, including making timely payments that are set to begin in May of2007. The terms of the loan provide that WIFE'S name may be removed as co-borrower after HUSBAND makes twenty (20) payments. HUSBAND agrees that he will remove WIFE'S name as soon as practicable after the twentieth payment is made. HUSBAND shall indemnifY and hold WIFE harmless from any and all claims or demands made against her by reason of such debt. HUSBAND represents and warrants to WIFE that since July 1,2006, he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnifY and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since July 1,2006, she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. Retirement and/or Pension Benefits. HUSBAND hereby waives, releases, and relinquishes any and all rights he may have to any retirement and/or pensions benefits WIFE currently has or may have in the future. WIFE hereby waives, releases, and relinquishes any and all rights she may have to any retirement and/or pensions benefits HUSBAND currently has or may have in the future. 10. Bank Accounts. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title, and interest in the other party's respective accounts. 11. Personal Property. All marital property will remain in possession of WIFE except for the following items: Olympus digital camera, Sony camcorder, LCD television, Dell laptop computer, Rigid power tools, wireless router, Sony PSP, Xbox 360, coffeemaker, all guns and ammunition, all items related to HUSBAND'S military service, and one bureau. HUSBAND will retain possessions that he has removed from the property as of July 22,2006. This property has been separated by mutual agreement of the parties. WIFE will take all reasonable measures to accommodate transfer of possession. HUSBAND will retain all rights to possession of said property. HUSBAND will retain possession of the parties' wedding album. WIFE will remove certain pictures by agreement of the parties. HUSBAND agrees that he will not destroy the wedding album at any time. WIFE will retain possession of the parties' two beagle dogs, Chief and Chance. 12. Vehicles. There are two marital vehicles, namely a 2004 Toyota Matrix and a 2005 Chevrolet Malibu. The parties agree that HUSBAND will undertake all financial responsibility for the 2005 Chevrolet Malibu, including, but not limited to, loan payments, insurance premiums, and maintenance. The parties also agree that WIFE will undertake all financial responsibility for the 2004 Toyota Matrix, including, but not limited to, loan payments, insurance premiums, and maintenance. If, by the time of execution of this agreement, title has not been transferred to reflect sole ownership of the Toyota in WIFE and sole ownership of the Chevrolet in HUSBAND, such arrangements shall be made within five (5) business days of the execution date of this Agreement. HUSBAND will remove his name and vehicle from the parties' joint automobile insurance policy within five (5) business days of the execution date of this Agreement. HUSBAND agrees to pay any associated costs and agrees that he is financially responsible for insurance costs related to his 2005 Chevrolet Malibu. 13. Spousal Support, Alimony Pendente Lite, and Alimony. The parties hereby expressly waive, release, discharge, and give up any and all rights or claims which either may now or hereafter have, for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights they may have to seek modification of the terms of this Agreement in a court oflaw or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 14. Health Insurance. WIFE is the policy-holder for HUSBAND'S health insurance. WIFE agrees to continue to provide HUSBAND health insurance until a final divorce decree is entered. Any and all un-reimbursed medical expenses incurred by HUSBAND will be his sole responsibility. 15. Income Taxes. For the 2006 tax year, WIFE will file the parties' taxes, married, filing jointly, and will retain any monies refunded to the parties' by the Federal government as a result of the tax filing. HUSBAND will make all necessary information available to WIFE in a timely fashion to avoid any tax penalties. Any willful misconduct by HUSBAND that prevents WIFE from timely filing the 2006 federal, state, and/or local taxes, will result in his payment of any penalties imposed as well as any related attorney's fees incurred by WIFE. 16. Attorney Fees and Court Costs. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. Attorney's Fees for Enforcement. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non-breaching party in protecting and enforcing his or her rights under this Agreement. 18. Waiver of Rights. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. Mutual Cooperation. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. Applicable Law. This Agreement shall be constructed under the laws of the Commonwealth of Pennsylvania. 22. Entire Agreement. This Agreement contains the entire understanding of the parties. There are no other representations, warranties, covenants, or undertakings other than those expressly set forth herein. HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable, and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into account by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction. HUSBAND and WIFE each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein shall constitute a waiver by either party of any rights to seek the relief of any court for the purposes of enforcing the provisions of this Agreement. 23. Voluntary Execution. Each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 24. Descriptive headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnifY (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees, and expenses which of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code as amended, in this or any other State's statutory or common law. 26.Contract Interpretation. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS THEREOF, the parties hereto have set their hands and seals of the day first above written. This agreement is executed in duplicate. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ,~ ri a S. ann, ife #I~ . ...// '. ferson R. Mann, usband , . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Erica S. Mann, being first duly sworn, deposes, and says that she has read the forgoing Marital Settlement Agreementand subscribed to the same and that it is a true and correct statement of fact and that it was entered into without any undue influence, fraud, coercion or misrepresentation of any sort and that it is her voluntary act and deed. Subscribed and sworn to before me this ~day of July, 2006. /d::r tkLm.. Notar 'c WEALTH OF P ENNSYl VANIA She/by Notarial Seal A. Nelson Nota p . Camp Hill Bora ' . ry ubl/C My Commission '~U~tJerland County M . PIres AUg. 20 2009 ember Pen', . ' , n",y vania ASSOCiation of Notaries COMMONWEAL TH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Jefferson R. Mann, being first duly sworn, deposes, and says that he has read the forgoing Marital Settlement Agreement and subscribed to the same and that it is a true and correct statement of fact and that it was entered into without any undue influence, fraud, coercion or misrepresentation of any sort and that it is his voluntary act and deed. 1,/L Subscribed and sworn to before me this ~ day of July, 2006. /vJ;tT:: M- Not Pu lic WEALTH OF PENNSYLVANIA Notarial Seal Shelby A. Nelson, Notary Public Camp HnI Boro, Cumberland County My Commission Expires Aug. 20, 2009 Member, Pennsylvania Association of Notaries C) (~ -TJ (-j I c:-; -~ ::'...... C) C'. ERICA MANN, Plaintiff vs. JEFFERSON R. MANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006 - 3850 : CIVIL ACTION - AT LA W : IN DIVORCE A FFTDA VTT OF SRRVTCR TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verifY that the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7005-0390-0006- 3485-7357, return receipt, restricted delivery, pursuant to the requirements ofPa. R.C.P. 1930.4. SENDER' .J!'v7PLETE THIS SECTION . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . PrIr,t your name and address on the reverse so that wS98Ilqiltum .the ~ to you. , . AttaCh' thls't:dtd to the back of the mailpiece, or on the frpnt if'space permits. 1. ArtIcle Mdressed to: (~t~r90n~~. r~tDJlP,- (0--,0'\ 3hl-em R1lG{~\ ~\~~OJ\\QSbW31>A II tf5D 2. Artk:Ie Number (Ihursfer Iitm 88Mce I&bef) PS Form 3811, February 2004 . . . D Agent D Addressee C. Date of Delivery ..-' '",. .J'h' :r=.MoD ~~:~::..- [J Insured Mall [J C.O.D. 4. Restricted Delivery? (Extra Fee) es 7005 0390 0006 3485 7357 Domestic:: Return Receipt 102595-02.M-1540 Date: /1- f., . ZC:Oy ,....".--.... ~ .,.~'''.".,.."u-''~ Marlin L. M kley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 rD# 84745 Tel. (717) 763-1800 '1: .. (1: ~ :2 " r '" t--') ~} ~~ -:"h GP ~\ " ~ " C.J c~) l.."'. - ERICA MANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 3850 CIVIL TERM JEFFERSON R. MANN, Defendant CIVIL ACTION - AT LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 7,2006. 2. The marriage of the Plaintiff and the 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. 4. 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 falsification to authorities. Date: }O /0)7/c?01 Signature: .#~fi!Jlrl/lh , ERICA ANN -"---- n ~~ ,." C:-~ e::, <:.,-, (-- "_J -rl -~-l \=5 I r,...) -' N c:> <.r; ERICA MANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 3850 CIVIL TERM JEFFERSON R. MANN, Defendant : CIVIL ACTION - A T LAW : IN DIVORCE PLAINTIFF'S 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. 4. 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 falsification to authorities. Date: J () /cl7 /ro , " SignatJ~~ ERICA MANN ------ ,.---. '.:t1 (') ~:'; ..--,... -- \';~ ..~.."... ,-.....,J C-' ..---------....... .....--.....----- ERICA MANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 3850 CIVIL TERM JEFFERSON R. MANN, Defendant : CIVIL ACTION - AT LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 7,2006. 2. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on July The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. 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 falsification to authorities. Date: JO /30/ob Signature: 14 ~~ ~ J FFERSO R. MANN ~.>"._.,-~------_..--- (~ ,-- ,- ~." ~~:; .::.;...--, o -n \ c..::' ,_.".~ 0) V, - ERICA MANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 3850 CIVIL TERM JEFFERSON R. MANN, Defendant : CIVIL ACTION - AT LAW : IN DIVORCE DEFENDANT'S 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. 4. 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 falsification to authorities. Date: 1/?/~j{)J, Signature: ~~ / JEFFERSON R. MANN ---------------------------- _.._~------ f"-..' (-:::::> ~_:::) \,:;r.. ,~ --n :=, c::; ~~; 0);D cr", -:;: ERICA MANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006 - 3850 JEFFERSON R. MANN, Defendant : CIVIL ACTION - AT LA W : IN DIVORCE PRAF,CIPR TO TRANSMIT RRCORfi 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 S 3301(c) S 3301(d)(l) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7005-0390-0006-3485-7357, delivered on July 11,2006. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by 9 330l(c) of the Divorce Code: by the Plaintiff Odoher ')7, ')OOh by the Defendant Odoher 10, ')OOh (b) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: Date of filing of the Plaintiffs affidavit upon the respondent: Date of service of the Plaintiffs affidavit upon the respondent:_. 4. Related claims pending: Plel'lse incorpomte, withOllt mere;ine;, the l'lttl'lcheo Ml'lrital Settlement Ae;reement of the r~lTties into the Divorce Decree 5. (Complete either paragraph (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 Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: Novemher '), ')OOfi Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: filed simultaneollsly wlPr:lecipe Date: II . L ~ 2 ~ov ReS~~tiUll'::-___ . ,,' Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 i'....'") ~~':,) c:? c;:.,-'" ..' -- r':-' ...,;::: 1 C.: L...) c,' --' ~ ~~~ ~~~~~~ ~~ ~~~~~~~~~~~~ ~ ~ ~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS ; ~ ERICA MANN, Plaintiff VERSUS JEFFERSON R_ MANN, Defendant AND NOW, DECREED THAT AND OFCUMBERLANDCOUNTY STATE OF PENNA. No. 2006-3850 DECREE IN DIVORCE ~ '$'.s4!1 · ~7' ~', IT IS ORDERED AND ,J~/G' Erica Mann , PLAI NTI FF, Jefferson R. Mann , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. The attached Marital Settlement Aqreement dated July 20, 2006, PROTHONOTARY J. 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; is incorporated, ~~~ ~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~ ~~~~ ~~ ~~~ ~~~~~ ~.JIp j!.~,arw~ ?t!. )e'J/ ~ ~ ~~~'-ro ')(j- IE-I! ".. " '