HomeMy WebLinkAbout96-02719
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF 1~-,ft~~l~~ PENNA,
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KATERI K. ENGLAND,
i\: I ). 96-~719
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Plaintiff,
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ALVIN 11. ENGLAND, II,
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Defendant
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DECREE IN
DIVORCE
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AND NOW. .... .. (l:1, Z, t ~l-1, , J.I. ..,..... 19Q7..." it Is ordered and
decreed that.. , ,. .KATERI .K. .!;:NOLAND. ,.. . ." . , ,.,. ., , '" ., , . . .. plaintiff,
and. ..,. . . ,... , ." I\IoY~t-l. IJ". 1>tl9IofINP,. ;II, , , '" . , " , , , , .. .' " , '. defendant.
are divorced from the bonds of matrimony.
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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;
TIle, . pl:pv!llipns, . of. ,the, Madtal ,Settlement, ,Agreement, attached, hereto. ,all
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KATERI K. ENGLAND, IN TilE COURT OF COOMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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VS. NO. 96-2719 CIVIL TERM
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ALVIN II. ENGLAND, II IN CUSTODY
Defendant :
aIDER OF CDlRT
AND 100/, on this ~ day of ~]) ,,-l
, 1997, upon
consideration of the attached Custody Consent Agreement, it is hereby
ordered that the provisions of the Custody Consent Agreement are
incorporated herein and made an Order of Court, resolving matters
concerning custody of Karley Klee England, born November 28, 1994.
BY THE COURT,
J.
cc: Dawn S. Sunday, Esquire, Counsel for Plaintiff
Alvin H. England, II, Pro Sa
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/'WUTAL SETTLEMmI' AGREEMl:Nf
TlIIS AGREFJoIEm' mace this U 'tJ, day of , , 1(vI u....
1997, by and between KATER! K. rnGr.AND, of Mechanicsburg, Pennsylvania
(hereinafter referred to as "wife") , and ALVIN H. mGLAND, II, of
Mechanicsburg, Pennsylvania (hereinafter referred to as "husband"),
WIT N E SSE T II:
WBmEAS, the parties hereto are lIusband and Wife, having been
married on May 30, 1992, in Cumberland County, Pennsylvania:
WBmEAS, there is one minor child born of the marriage I Karley
Klee England, born Novellber 28, 1994:
WBmEAS, the parties hereto desire to settle fully and finally
their respective financial and property rights and obligations as between
each other, including, without limitation, the settling of all matters
between them relating to the ownership of real and personal property, the
support and maintenance of one another and, in general, the settling of any
and all cleims and possible claims by one against the other or against
their respective estates.
10, ~, in consideration of tr""q premises, and of the
mutual promises, covenants and undertakings hereinafter set forth, and for
other good and valuable consideration, receipt and sufficiency of which is
hereb~' act:I1owledged by each cf the parties hereto, I':ife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF cx:lflSEL. Both parties agree and acknowledge that
they have had BIIlple and sufficient time to carefully and fully review the
terms and provisions of this Agreement and to seek and obtain the advice
and counsel of an attorney I,'ith respect to the same. I,ife further
represents that sh& has obtained legal advice from Dawn S. sunday, Esquire.
Husband acknowledges that he has been informed of his right to be advised
by an attorney of his own choosing prior to entering into this Agreement
and that he voluntarily has decided not to retain such counsel, and further
acknowledges that he accepts this Agreement and that his acceptance is not
based on any advice or representation made by Wife's counsel, Dawn S.
sunday, Esquire, nor has any such advice and/or representation been given
to Husband by said attorney. Both parties agree and acknowledge that they
fully understand the facts upon which this Agreement is premised and based,
thst they believe this Agreement to be fair and equitable, that this
Agreement is being entered into freely and voluntarily by each of them, and
that the execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper
or illegal agreement or agreements.
2. OT1lCLCBlRB OF ASSETS. The parties warrant that they have
given a full, complete and accurate disclosure of all assets, of any
nature, whether or not the assets were held jointly or in one name alone.
The remedies available to either party for breach of violation of this
provision shall be those remedies available pursuant to law and equity
inclUding the right to punitive and compensatory damages.
3. PER.Sl::NAL IUGln'S. IHfe and Husband may and shall, at all
times hereafter, live separate and apart. Each shall be free from all
control, restraint, interference and authority, direct or indirect, by the
other. Each may reside at such place or places as she or he may select.
Each may, for her or his separate use or benefit, conduct, carry on or
engage in any business, occupation, profession or employment which to her
or him may seem advisable. \~ife and Husband shall not molest, harass,
distu.b 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 her or him. Neither party will interfere
with the use, ownership, enjoyment or disposition of any property now owned
by or hereafter acquired by the other.
4. ~lTADLE DIS'l'IUBl1l'IOO.
A. Household and Personal Property. Other than as set forth
hereunder in this Agreement, the parties agree that the personal property
of the parties has been divided to their mutual satisfaction. The parties
agree that they shall retain all personal property in their respective
possessions and waive all rights to personal property in the possession of
the other party as of the date of execution of this Agreement.
B. Motor Vehicles.
(l) The parties agree that Husband shall retain
possession of and Wife shall waive any and all
rights she may have to the motor vehicle provided to
Husband by the England Jeep Eagle dealership owned
by Husband's Father.
(2) The parties agree that wife shall retain possession
of and Husband shall waive any rights he may have to
the Jeep Cherokee provided to Wife by the England
Jeep Eagle dealership owned by Husband's Father.
Husband shall ensure that Wife is provided with
comparable replacement motor vehicles in safe
drivable condition, as necessary by the England Jeep
Eagle dealership which shall retain title of,
provide insurance for and perform all necessary
repairs and maintenance on the vehicle until the
parties' daughter, Karley Klee England reaches the
age of six (6) years. This provision shall not be
affected by any future remarriage or cohabitation by
Wife.
C. Real Estate.
(l) The parties acknowledge that they are the owners of
the fee simple interest in the real estate located
at 743 old Silver Spring Road, Mechanicsburg,
Cumberland County, Pennsylvania, (hereinafter "the
Property") which was acquired by the parties during
their marriage.
(2) within one-hundred and twenty (120) days of the
execution date of this Agreement, Husband agrees to
obtain refinancing on the Properti' in his sole name
and to satisfy in full the edstin3 m:>rtgo3e ..ith
Harris savings Bank, on which the parties are
currently listed as joint mortgagors.
(3) Upon Husband's obtaining of refinancing on the
Property in his sole name and within 15 days of
settlement on the refinancing, Husband agrees to pay
Wife Eleven Thousand Four Hundred Twenty-five
($ll,425.00) Dollars, representing wife's sixty
percent (60t) share of the equity (total equity =
$19042.00) in the Property pursuant to this
Agreement.
(4) Wife agrees to execute a deed transferring the
Property to Husband's sole name within twenty (20)
days after the existing deed is received by Wife or
Wife's attorney from Husband. The signed deed shall
be held by Wife's attorney until settlement on
Husband's refinancing.
(5) In the event that Husband is unable to obtain
refinancing within one-hundred and twenty (l20) days
of the execution date of this Agreement, the
Property shall be sold on the open market at a
reasonable selling price. If the parties are unable
to agree upon a price, the price shall be fixed by
taking the average of two appraisals, wi th Husband
choosing one appraisal service and Wife choosing one
appraisal service, the cost of said appraiaals to be
considered as costs of sale. Upon sale of the
Property, Wife shall be entitled to Eleven Thoussnd
Four Hundred Twenty-five ($11,425.00) Dollars or
sixty (60\) percent of the net sales proceeds,
whichever is greater, exclusive of costs and sales
corrmissions. The remaining net proceeds from the
sale of the residence shall be distributed to
Husband. If either party fails or refuses to
participate in the sale, the parties agree that
either party may institute an action in equity to
specifically enforce the provisions hereof or may
take ani' action available to enforce this provision.
D. Other Assets.
(1) Wife shall retain as her sole and separate property,
free from any right, title, claim or interest of
Husband, any and all bank accounts, credit union
accounts, insurance policies, and other intangible
personal property held by Wife on the date of
execution of this Agreement.
(2) Husband shall retain his perlsion through the
National Automobile D'.1alers Association (NADA) as
his sole and separate pro?erty, free fr~~ any right,
title, claim or interest of \';He, (except to the
extent set forth in subparagraph (3) of this
provision. ) Husband shall also retain as his sole
and separate property free from any claims or
interest of \~ife any bank accounts, credit union
accounts, insurance policies, and other intangible
personal property held by Husband on the date of
execution of this Agreement.
(3) Within l5 days of the execution date of this
Agreement, Husband shall pay to Wife the lump sum
amount of Twenty-four Hundred Seventy-two ($2472.00)
Dollara representing sixty (60%) percent of the
marital portion of Husband's Pension (marital
portion = $4l20.00) through NADA.
F. Miscellaneous ProE!!rty. Any and all property not
specifically addressed herein shall be hereafter owned by the party to whom
the property is titled: and if untitled, the party in possession. This
Agreement shall constitute a sufficient bill of sale to evidence a transfer
of any and all rights in such property from each to the other.
5. PROPERTY 'ro WIFE. The parties agree that wife shall own,
6. PROPERTY 'ro IlUSIlllND. 'rhe parties agree that Husband shall
possess, and enjoy, free from any claim of Husband, the property awarded to
her by the terms of this Agreement. Husband hereby quitclaims, assigns and
conveys to wife all such property, and waives and relinquishes any and all
rights thereto, together with any insurance policies covering the property,
and any escraw accounts relating to that property. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and
all rights in such property from Husband to Wife.
own, p:>ssess, and enjoy, free from any claim of \~ife, the property awarded
to him by the terms of this Agreement. Wife hereby quitclaims, assigns and
conveys to Husband all such property, and waives and relinquishes any and
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all rights thereto, together wi th any insurance policies covering that
property, and any escrow accounts relating to that property. This
Agreement shall constitute a sufficient bill of sale to evidence the
transfer of any and all rights in sl'ch property from Wife to Husband.
7. I1lSTlUBtrrlOO OF LIABILITIES.
A. Husband agrees to assume sole responsibility for
repayment of the existing outstanding balance on the PSE:CU VISA
(approximately $5152.00) and indemnifies and holds \~ife harmless from any
claim or liability arising from this debt assumed by flusband.
B. Wife agrees to assume sole responsibility for repayment
of the existing outstanding balance on the parties' Nationsbank VISA
account (approximately $2947.00) and indemnifies and holds flusband harmless
from any claim or liability arising from this debt assumed by Husband.
C. Unless othe['\lise provided herein, each party hereby
assumes the debts, encumbrances, taxes and liens on all the property each
will hold subsequent to the date of this Agreement, and each party agrees
to indemnify and hold harmless the other party and her or his property from
any claim or liability thst the other party will suffer or may be required
to pay because of such debts, encumbrances or liens.
8. LIABILIn' oor LISTED. Each party represents and warrants to
the other that she or he has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which the other
party is or may be liable. A liability not disclosed in this Agreement
will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall
become due, and to indemnify and hold the other party and her or his
property harmless from any and all such debts, obligations and liabilities.
9. INDE!lNIFICM.'IOO OP WIFE. If any claim, action or proceeding
is hereafter initiated seeking to hold Wife liable for the debts or
obligations assumed by Husband under this Agreement, Husband will, at his
sole expense, defend I,ife against any such claim, action or proceeding,
whether or not well-founded, and indemnify her and her property against any
damages or loss resulting therefrom, including, but not limited to, costs
of court and actual attorney's fees incurred by Wife in cOMection
therewith.
10. lllDE!lNIFlCATIOO OF tRlSBAND. If any claim, action or
proceeding is hereafter initiated seeking to hold Husband liable for the
debts or obligations assumed by \,ife under this Agreement. I,He "ill. at
her sole expense, defend Husband against any such claim, action or
proceeding, whether or not well-founded, alld indemnify him and his property
against any damages or loss resulting therefrom, inclUding, but not limited
to, costs of court and actual attorney I s fees incurred by Husband in
COMection therewith.
11. WARRANTY AS 'ID FlmlRE OBLlGATlOOS. Wife and Husband each
represent and warrant to the other that she or he will not at any time in
the future incur any debt, charge or liability for which the other, the
other's legal representatives, property or estate may be responsible. From
the date of execution of this Agreement, each party shall use only those
credit cards and accounts for which that party is individually liable and
the parties agree to cooperate in closing any remaining accounts which
provide for joint liability. Each party hereby agrees to indemnify, save
and hold the other and his or her property harmless from any liability,
loss, cost or expense whatsoever incurred in the event of breach hereof.
12. TAXES. The parties agree that they will file separate future
tax returns for all tax obligations, and any tax obligation shall be the
responsibility of the individual party. Wife and Husband warrant that they
have heretofore paid all taxes on prior returns: that they do not owe any
interest or penalties thereon: and that no tal: de[iciency proceeding or
audit is pending or notice the::eof received. Husband shall give Wife
notice of any deficiency assessment and \,ife shall give Husband notice of
any deficiency assessment of which they individually or collectively become
aware. The parties agree that should it ultimately be determined that any
deficiency and/or penalty exists with respect to any jointly filed returns,
the party responsible for the erroneous preparation and/or non-disclosure
of information which has resulted in the deficiency and/o:: penalty, shall
be solely responsible for the payment of the amount ultimately determined
to be due, together with interest, as well as expenses that may be incurr~~
to contest the assessment. Should said sums become due as a result of
individually filed returns, the party which filed said return ehall be
solely responsible for all sums due, and shall indemnify and hold harmless
the other party for any payment thereon.
13. SUPPCRr, ALlI'D<<, ALlI'D<< PENDENl'E LITE. The parties agree
and do hereby waive any right or claim they may have, both now and in the
future, against the other for alimony or alimony p3ndente lite. The
spousal Support Ot'der currently in effect through the CUmberland County
Domestic Relations Office shall terminate on the date on which the Divorce
Decree is entered.
14. MlmIAL alOPERATlOO. Each party shall on demand execute and
deliver to the other any deeds, bills of sale, assignments, consents to
change of beneficiary designations, tax returns, and other documents, and
shall do or cause to be done every other act or thing that may be necessary
or desirable to effectuate the provisions and purposes of this Agreement.
If either party unreasonably fails on demand to comply with these
provisions, that party shall pay to the other party all attorney's fees,
costs, and other expenses actually incurred as a result of such failure.
15. CXXINSEL FEES, CDSTS AND ElCPm5ES. Each party shall be
responsible for her or his own legal fees, costs and expenses incurred in
connection with their separation and/or the dissolution of their marriage,
and the preparation and execution of this Agreement.
16. WAIVER OF INJIERITANCE RIGtrI'S. Unless otherwise specifically
provided in this Agreement, effective upon the execution date, l'life and
Husband each waives all rights of inheritance in the estate o~ the othe~,
any right to elect to take against the Will or any trust of the other or in
which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their
marriage, except the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall include, but
not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction, and shall include all rights under
the Pennsylvania Divorce Code.
17. WAIVm OF BIlNEFICIJIRY DESlrnATlOO. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically
waives any and all beneficiary rights in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party
under the terms of this Agreement, including, but not limited to, pensions
and retirement plans of any sort or nature, deferred compensation plans,
life insurance policies, annuities, stock accounts, bank accounts, final
pay checks or any other post-death distribution scheme, and each party
expressly states that it is her and his intention to revoke by the terms of
this Agreement any beneficiary designations naming the other which are in
effect as of the date of execution of this Agreement. If and in the event
the other party continues to be named as beneficiary and no alternste
beneficiary is otherwise designated, the beneficiary shall be deemed to be
the estate of the deceased party. Notwithstanding the foregoing, however,
in the event that either party hereto specifically designates the other
party as a beneficiary after the date of execution of this Agreement, then
this waiver provision shall not bar that party from qualifying ss such
beneficiary .
18. RELEASE: OF CLhII'S.
A. Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of
their assets and liabilities pursuant to ~3502 of the Pennsylvania Divorce
Code, and Wife and Husband hereby waive any right to division of their
property except as provided for in this Agreement.
B. Each party hereby absolutely and unconditionally releases
and forever discharges the other and the estate of the other for all
purposes from any and all rights and obligations which either party may
have or at any time hereafter has for past, present or future support or
maintenance, alimony pendente lite, alimony, equitable distribution,
counsel fees, costs, expenses, and any other right or obligation, economic
or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the PeMsylvania Divorce Code of
1980, its supplements and amendments, as well as under any other law of any
otherjurisdiction, except and only except all rights and obligations
arising under this Agreement or for the breach of any of its provisions.
Neither party shall have any obligation to the other not expressly set
forth herein.
C. Except as set forth in this Agreement, each party hereby
absolutely and unconditionally releases and forever discharges the other
and her or his heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obligations arising out
of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way of dower,
curtesy, 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 Pennsylvania,
any state, commonwealth or territory of the United States, or any other
country.
D. E:xcept for the obligations of the parties contained in
this Agreement and such rights as are expressly reserved herein, each party
gives to the other by the execution of this Agreement an absolute and
unconditional release and discharge from all causes of action, claims,
rights or demands whatsoever in law or in equity, which either party ever
had or nOlI has against the other.
19. PRESERVATlOO OF RtD:IIDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all
financial records relating to the marital estate, and each party will allow
the other party access to those reco::ds in the event of tax audits.
20. CHILD CUS'IOOY. Custody of the minor child of the p:!rties
will be resolved outside the terms of this Agreement.
21. MODIFI~ICN. No modification, rescission, or amendment to
this Agreement shall be effective unless in writing signed by each of the
parties hereto.
22. SEVERABILITY. If any provision of this Agreement is held by
a court of competent jurisdiction to be void, invalid or unenforceable, the
remaining provisions hereof shall nevertheless survive and continue in full
force and effect without being impaired or invalidated in any way.
23. BREACIJ. If either party hereto breaches any provision
hereof, the other party shall have the right, at her or his election, to
sue for damages for such breach, or seek such other remedies or relief as
may be available to her or him. The non-breaching party shall be entitled
to recover from the breaching party all costs, expenses and legal fees
actually incurred in the enforcement of the rights of the non-breaching
party.
24. WAIVER OF BREACII. The waiver by one party of any breach of
this Agreement by the other party will not be deemed a wai ver of any other
breach of any provision of this Agreement.
25. APPLICABLE LAW. All acts contemplated by this Agreement
shall be construed and enfo::ced under the laws of the COlltl1Onwealth of
Pennsylvania in effect as of the date of execution of this Agreement.
26. DI\TE OF EXroJrlOO. The "date of execution" or "execution
date" of this Agreement shall be defined as the date upon which the parties
signed the Agreement if they do so on the same date, or if not on the same
date, then the date on which the Agreement was signed by the last party to
COM."ION\~EALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
BEFCIlE ME, the undersigned authority, on this day personally
appeared KATE\U K. mGLANI>, known to me to be the person who executed the
foregoing instrument, and who acknowledged to me that she executed same for
the purposes and considerations therein expressed. ~
/J GIVm ~ MY I1AND AND SEAL OF/~ICE this ~/I'.{../ day
o( dldA ,/'L- ' 1997. 1/
n and for
Commonw al of Pennsylvania
Typed or printed name of NotDty:
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MtJllW, l'OIv;:.)I~JI~-~i.WlJ{IOlNulanus
rnMMONWEALTH OF PENNSYLVANIA
: ss.
CXJl.lNTY OF CUMBERLAND
BEEmB ME, the undersigned authority, on this day personally
appeared ALVlN H. mGLANI>, II, known to me to be the person who executed
the foregoing instrument, and who acknowledged to me that he executed same
for the purposes and considerations therein expressed.
of At dA~J
--
~ cl!lY
MY I1AND AND SEAL OF
, 1997.
n and for
Common eal of Pennsylvania
Typed or printed name of Notacy:
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KATERI K. ENGLAND, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
VS. : NO. 96-2719 CIVIL TERM
.
.
ALVIN H. ENGLAND, II,
Defendant IN DIVORCE:
~IPE ro 'IRANSMIT REXXlU)
ro THE PROTHONaI'ARY:
Please transmit the record, together with the fOllowing
information, to the Court for entry of a Divorce Decree:
1. Ground for Divorce: Irretrievable breakdown under ~330l(c)
of the Divorce Code.
2. Date and manner of Service of the Complaint: Certified Mail,
Return Receipt Requested on June 3, 1996. (Copy of receipt signed by
Defendant attached hereto)
3. Date of execution of the Affidavits of Consent and Waivers of
Notice of Intention to Request Entry of Divorce Decree required by ~330l(c)
of the Divorce Code:
By Plaintiff - March 6, 1997: By Defendant - March 6, 1997
4. Related claims pending: All claims resolved by Marital
Settlement Agreement attached for incorporation to the proposed Divorce
Decree.
( f1 C4A cIt.
Date
lj /997
.
~i/~'7\A~it
Dawn S. Sunday, Esqui
Attorney for Plaintiff
10 841954
39 W. Main Street
Mechanicsburg, PA 17055
(717) 766-9622
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Alvin H. England, II
England Jeep Eagle
6039 Carlisle pike
Mechanicaburg, PA 17055
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PS Form 3811, O.clmb., 1994
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UNITED STATES POSTAl. SERVICE
I II II
Flrsl,Class ....11
Pos'ago & Foos rsld
USPS
P.rmll No, 0,10
. Print your namo, address, and ZIP Codo In this box ·
Willlilln l. SUlldtly, Esq.
Dawn S. Sunday, Esq.
3\1 W. Main St. . Sulle 1
Mcchanlr.sburll. PA 17055.6230
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KATERI K. ENGLAND, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 96- J. 7/9 CIVIL TERM
.
.
ALVIN H. ENGLAND. II . IN DIVORCE:
.
Defendant
NOTICE 'ID DEFmD AND CLAIM RIGtrI'S
You have been sued in Ccurt. 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:
cummtJ\ND CXlWTY OOJRT \IOlJSE, CARLISLE, PmNSYLVANIA l70l3.
IF YOU CO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR E:XPENSES BE:FORE 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 IXl Nor HAVE
A LAWYER OR CANNOT AFFORD Ql>;E:, GO TO OR TELE:PHONE: THE OFFICE SET FORTH
BELOO TO FIND OUT NHE:RE YOU CAN GET LE:Gi\L HELP.
COURT AI>>IINISTRA'IDR, FOURTH FLOOR
CUMBE:RLAND COUNTY COURT HOUSE
CARLISLE:, PENNSYLVANIA 17013
TELE:PflONE:: ( 717) 240-6200
. .
rom II - ctllLO CUS'IUDY
9. The preceding paragraphs of this Complaint are incorporated
herein by reference as though set forth in full.
10. The Plaintiff seeks shared legal and primary physical custody
of the parties' daughter, Karley Klee England, born November 28, 1994. The
Child currently resides at 743 Old Silver Spring Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17055, with the Plaintiff and Defendant.
11. The Child was not born out of wedlock.
12. The Child is presently in tile custody of Plaintiff and
Defendant.
13. Since her birth, the Child has resided with the Plaintiff and
Defendant at the following address: 743 Old Silver Spring Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
14. The Mother of the Child is Kateri K. E:ngland. She is married
to the Defendant.
15. The Father of the Child is Alvin H. England, II. He is
married to the Plaintiff.
16. The
biological Mother.
Defendant.
relationship of the Plaintiff to the Child is that of
The Plaintiff currently resides with the Child and the
17 . The
biological Father.
Plaintiff.
relationship of the Defendant to the Child is that of
The Defendant currently resides with the Child and the
18. The Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody of the
Child in this or another Court.
19. The Plaintiff has no information of a custody proceeding
concerning the Child pending in a Court of this COllll1Onwealth.
20. The Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the Child or claims to have custody
or visitation rights with respect to the Child.
21. The best interest and permanent welfare of the Child will be
served by granting the relief requested because the Plaintiff has been the
primary caretaker of the Child since her birth and has been providing and
will continue to provide the Child with a loving and stable home
environment.
22. Each parent whose parental rights to the Child have not been
terminated and the person who has physical custody of the Child have been
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KATE:RI K. ENGLAND,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
cu~mERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96-2719
CIVIL ~'ERM
ALVIN II. ENGLAND, II,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE OF CDWLAINT
I, Dawn S. Sunday, certify that I served a true and correct copy
of the Complaint in the above-captioned matter on the Defendant on June 3,
1996 by Certified Mail, Return Receipt Requested, Restricted to the
Addressee, at the following address: England Jeep Eagle, 6039 Carlisle
Pike, Mechanicsburg, PA 17055 The Return Receipt card signed by the
Defendant is attached hereto.
The Complaint contained a Notice of Availability of Counseling, a
Notice to Defend and Claim Rights pursuant to Pa. R.C.P. No. 1920.71 and a
Notice advising the Defendant that if he did not have a lawyer or could not
afford one, to go to, or telephone the Court Administrator, Cumberland
County Courthouse, Carlisle, PA 17013, telephone number (717) 697-0371, for
the purpose of finding out where he could get legal help.
The statements made in this Affidavit are subject to the
penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to
authorities.
DATE /}ltlAdl
i?~.t:iL1&r-
n S. Sun ay, Esqu re
Counsel for Plaintiff,
Kateri K. England
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,
. ,
KATER I K. ENGLAND, . IN 'I'BE COURT OF COMMON PLEIIS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 96-27 19 CIVIL TERM
.
ALVIN H. ENGLAND, II : IN DIVORCE
Defendant .
.
AFFIDAVIT OF ~mr
1. A Complaint in Divorce under ~330l(c) of the Divorce Code was
filed on May 15, 1996 and served on June 3, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably broken
and ninety days have elapsed from the date of 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 gr~nted.
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 l8 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
0/6 (~7
DATE
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KATERI K. ENGLAND,
Plaintiff
: IN THE: COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96-27 19 CIVIL TERM
ALVIN II. ENGLAND, II
Defendant
IN DIVORCE:
WAIVER OF Nal'ICE OF Im'ENl'IOO 'ID IWJUEST
FNIm' OF A DIVOOCE DOCREE UNDFR
~330l(c) OF 'I11B DlVOOCE rolE
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 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.
d& 197
DATE
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VERIFlCATlOO
I verify that the statements made in the foregoing Petition for
Special Relief are true and correct. I understand that false statements
herein are made subject to the penalties of 18 PA. C.S. 94904 relating to
unsworn falsification to authorities.
nd
KATE:RI K. ENGLAND,
Plaintiff
IN 'I'IIE COURT OF CCXolMON PLEAS OF
CUMBERLAND COUN1~, PENNSYLVANIA
vs.
NO. 96-2719
CIV II. 'I'E:RM
ALVIN II. ENGLAND, II
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Dawn S. Sunday, counsel for Plaintiff, hereby certify that I
served a true and correct of the Petition for Special Relief/Petition for
Exclusive Possession of the Marital Residence, upon Defendant by First
Class, Regular Mail, addressed to:
Alvin H. England, II
England Jeep Eagle
6039 Carlisle Pike
Mechanicsburg, PA 17055
(Place of employment)
and
743 Old Silver Spring Road
Mechanicsburg, PA 17055
(Residence)
On the date indicated below.
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Sunday, Esqu r
for Plaintiff/Pe itioner
v.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KATERI K. ENGLAND,
Plaintiff
ALVIN H. ENGLAND, II,
Defendant
.
.
NO. 96-2719 CIVIL TERM
AND NOW, this
~ ORDER OF COURT
Z~I'tiay of August, 1996,
upon consideration of
the attached letter from Dawn S. Sunday, Esq., attorney for
Plaintiff, the hearing previously scheduled for August 28, 1996, is
CONTINUED GENERALLY.
The parties are directed to contact the court if desire a
hearing in this matter.
BY THE COURT,
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Dawn S. Sunday, Esq.
39 West Main street
Mechanicsburg, PA 17055
Attorney for Plaintiff
Alvin H. England, II
743 Old Silver Spring Road
Mechanicsburg, PA 17055
Defendant, Pro Se
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