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HomeMy WebLinkAbout00-00630 , l -'- ~ c_. " ' ' -"","-",~ l "' "- ~'^' , " _ " .. ~rtB"i''8&',:,xe;:'::''8&'':i'>>:'::''~C{X.X:::'>>K':;~<<.''''':X.:':::)~C{)>>:'::'::'~C;::+'8&{:::;'8&",x.:in;'8&;':::::;>>:'''~~1Cl:0;~~j:KC;:;K_K.:'::X:''8&;j::'~:::;:C;l::::' , ~ H ,--, ~ ~.i ~:~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ H ~ ~ t ~ "-.' ~ "'.~ <<,.", ~ ~.~ ~ ~":i , ~":i ~ >.'" "..,' j ~.~ ~ ~ ;..~ ~ ~ ~~ M ~.~ ~ >",- i ~.~ ~.~ ~ i ~r~ if ~.~ I ~ ~.~ ~":~ ~ 7:. ~ " ", ~g ~ >,..' ~ ~.~ ~.S ~ ~ ,'.": ~.S ~ ~." ~.~ I ~ ~.~ ~:; ~ t." t~ I "", ~~~ ~ ~.~ ~ 7" I '!>.~ i I ~:::::41 ~ ~l ~.~ ~~ ):+::.;:: ):+::{::~:.::.'_: :::.::~X>:.::~-:: :::.::+::.-. "..::+}..' ::'.:+::<>:.::.": ):+::~;: OF CUMBERLAND COUNTY STATE OF PENNA, __W;:r.NI;J;;J;; __RLJ:>l\Vn;,. ...'__..__n.'__'...'n__'.n'__..... I II No. __,;/,0,0,0:::6,),0 CIVIL____ ~ I>:ti'J,tllt.;L,U__ __ __ m VerSilS __.Ill\yTQnl?".Ill\yUL__n __nDef.endant DECREE IN DIVORCE AND NOW, ' .Jv,t'I.c.-. 2.2.... . . .. . .. . .. " XJl9t. .~Q9!l, it is ordered and decreed that, , , .. . .~M1J:J:~..~, . P.A.VlS. .. . ... . . . . .. . ... . . . .. " plaintiff, and. .. . . .. .DAV:ID. D.. .DAYIS.. . ... . . . ... .. . . . .. . . .. . . . ... . ", 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 beEln entered; None .' . _~t. ft-.~ .f~;Ct.l:\(:~1':sQ~(I.!'!.z:~4.ilA4.(I.~~.:r;c:lil!i.,. .tl1P-.t; .tl1~. .tem&. .P;r.Qv:i.ll.i,ons and conditions of a certain Separation and Property Sett1ement Agr.eement . be~ween. .t;he. parties. Elated. Februa.ry. B.'" .200.0; . a:re . he:reby incorporated in this Decree by reference as fu11y as though the same were set forth herein at 1ength. Said Agreement sha11 not =~~~ with;. ~;c:::' :~~.~ha;; 'o~d(m j Prothonotary --- ~ -:+;( ':~3&;: :".:+::~,,_ :::.a-;~;,: ):+>:,:).:+x }:+::o;;: -::-:+::.;;, "'.:C.,;: -'o{+::~": _:-.:+::"" ~ ~ ~.~ >",- ~ '!>.~ ~ ~":~ I ~ ;..; ~ V ~ ,'"'> ~.~ ~ i ~.~ ~.~ . ~.~ ~ ~ S ~s ~ :;~:,~ i ~.~ h ~ ~ ~.~ ,,0,; i ~.~ ~.~ I {::" ~.i ~ ~ ~.~ ;.s ~ ~ ~.~ W ... ~ ~ ~.~ ~ ~ ~.~ ~ ~... i y ~ ~.~ ~ -,-"".-.-.""...... ,'" ,~~m t&:I ~..~..~ ~ 631/-tf)CJ ~ ~ -z:, #t/ . , ""-, ,~"_'o'l;"'" .?,'~_',""_. _ _€ P,,___ ~.'_' ' filMg", " _.!IlIIll!r.~_ "'" -,-" .- l' - ," ~ ^ - 'ii~'- , ,,' 0-'" ---" . ! " ' ~ , , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Ji THIS AGREEMENT, made this II day of he i?vflKY ,2000, by and between DAVID D. DAVIS, (hereinafter referred to as "Husband") and MELANIE R. DAVIS, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 19,1989 at Harrisburg, Pennsylvania; and WHEREAS, no children have been born to the marriage; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and 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 claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future 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 estate. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, Husband and Wife each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other, as they have since February 12, 1999, and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, as fully as though unmarried. The parties shall not molest, harass nor malign each other, nor shall either attempt to compel the other to cohabit or dwell with him or her by any means whatsoever. Each party may, for his or her separate benefit, engage in any employment, business or profession he or she may choose. It is their intention that a reconciliation, either temporary or permanent, shall in no way affect the provisions of this Agreement having to do with the settlement and disposition of their property rights in their respective real or personal property, unless this Agreement is modified or a new agreement is entered into in writing revoking and rescinding this Agreement. 2 -~""'i 2. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage, other than those which are set forth in this Agreement. 3. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not, and in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. More specifically, Husband shall be solely responsible for his student loans, credit card accounts, and the Beneficial loan. Husband further acknowledges and accepts sole responsibility for the loan from Wife's mother, Sandra Harvey, for the purchase of the 1990 Chevrolet Lumina to which further reference is made in paragraph 7B of this Agreement. The balance owing to Ms. Harvey is $3,000.00. 4. WIFE'S DEBTS Wife represents and warrants to Husband that she has not, and in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband hannIess from any and all 3 '. " '""'" ., iIiIi;. claims or demands made against him by reason of debts or obligations incurred by her. More specifically, Wife shall be solely responsible for her student loans and credit card accounts. 5. TRANSFER OF REAL ESTATE Husband and Wife acknowledge that they are owners, as tenants by the entireties, of the real estate located at 3602 Franklin Avenue, Hampden Township, Cumberland County, Pennsylvania. On the date of execution of this Agreement, Husband shall deliver to Wife a deed conveying to her all of his right, title and interest in and to the aforementioned marital real estate. Thereafter, Wife shall be the sole and exclusive owner of said marital real estate. Commencing on the date of execution of this Agreement and delivery of the aforementioned deed, Wife shall be solely responsible for all current and future costs or liabilities associated with or attributable to the marital real estate, including but not limited to the mortgage, real estate taxes, homeowner's insurance, utilities, assessments, repairs and maintenance. 6. DIVISION OF PERSONAL PROPERTY Husband and Wife hereby acknowledge and agree that they have heretofore arrived at a mutually satisfactory division of all of their separate and marital personal property. Each of them shall own, independent of any claim or right of the other, all 4 ~ '~ , - y' O~ 'w -~ 'I items of personal property in their respective possession and which are not otherwise addressed in this Agreement. 7. MOTOR VEHICLES A. Husband shall be the sole and exclusive owner of the 1995 Ford Taurus which was acquired during the parties' marriage and prior to their separation. B. Wife shall be the sole and exclusive owner of the 2000 Ford Explorer which she acquired subsequent to the parties' separation. Further, Husband shall waive and relinquish any claim or interest he may have to the 1990 Chevrolet Lumina which was traded for the 2000 Ford Explorer or the approximate $1,200.00 Wife received for said trade. Wife shall be solely responsible for the loan which she incurred for the purchase of the 2000 Ford Explorer and she shall indemnify and hold Husband harmless from any and all claims or demands made against him by reason of said loan. Husband shall be responsible for and pay in a full and timely manner all insurance premiums for Wife's 2000 Ford Explorer through and including April, 2001, whether the parties' vehicles are on a single policy or separate policies. Husband's responsibility shall include any and all increases in the amount of the insurance premiums but shall be limited to the type of coverage presently in place. 5 .... " , - --llJ1r 8. LIFE INSURANCE The parties hereby agree that they shall retain sole ownership, respectively, of any and all policies of life insurance of which he or she is the owner and may designate whomever they choose as beneficiary of said policies. 9. RETIREMENT BENEFITS AND ACCOUNTS. INVESTMENT ACCOUNTS. AND BANK ACCOUNTS Husband and Wife hereby acknowledge and agree that certain monies and benefits have accrued in their retirement plans, individual retirement accounts, investment accounts and banl<: accounts. The parties hereby agree that each shall retain as his or her sole and separate property any funds in their individual name in any investment, checking, savings, credit union or similar accounts, including but not limited to Wife's IRA and mutual funds. Husband hereby waives and relinquishes to Wife all of his right, title and interest, if any he has, in and to Wife's Pinnacle Health retirement benefits, investment accounts and the aforementioned IRA and mutual funds. Wife hereby waives and relinquishes to Husband all of her right, title and interest, if any she has, in and to any such plans, accounts or benefits which Husband presently owns in his individual name, including but not limited to his military retirement and Commonwealth of Pennsylvania retirement. Notwithstanding the foregoing, Husband shall elect to provide a SBP survivor annuity for Wife at the earliest opportunity such election may 6 ,-~'~- ~iiillf be made, ifsuch election has not already been made. Upon Husband's death, if Wife survives him, Wife shall begin to receive the SBP survivor annuity payable with respect to Husband's disposable retired pay benefits, to the fullest extent permitted under 10 U.s.e. ~ 1448, including any cost of living adjustments. Husband's disposable retired pay shall be adjusted to reflect the SBP coverage for Wife. Notwithstanding the parties' acknowledgment that their marital property includes the aforementioned retirement/pension benefits and accounts, and their further acknowledgment that they have been informed of their right to obtain an independent valuation or appraisal of said retirement or pension benefits, in consideration of the transfers set forth in this Agreement, the parties hereby agree not to have the value of their respective retirement benefits determined and that they hereby specifically waive and relinquish their right to do so. 10. AFTERACOUlRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7 1\.,0_,. _~_~ _ ~:"' 11. INCOME TAX RETURNS Husband and Wife shall, upon Wife's request, file joint federal and Pennsylvania state income tax returns for 1999. Any tax due thereon shall be paid by Husband. The parties shall divide equally any refunds received. 12. PAYMENTS TO WIFE Husband shall pay to Wife the sum of Six Hundred and 00/100 ($600.00) Dollars on the I st day of each month, commencing with the first full month following the date of execution of this Agreement. Said payments shall be made and continue for a period of twelve (12) months beyond the date of a final decree in divorce between the parties. The aforesaid payments shall not be subject to modification or termination under any circumstances, except as provided in this paragraph. Said payments shall not be includible in the gross income of Wife and shall not be deductible by Husband. 13. COUNSEL FEES Husband shall pay to Wife's counsel the sum of Five Hundred and 00/100 ($500.00) Dollars, $250.00 of which shall be paid immediately upon execution of this Agreement and the remaining $250.00 shall be paid immediately upon a Complaint in Divorce being served upon Husband. The parties shall otherwise be solely responsible for his or her own counsel fees, costs and expenses 8 --. ,.- -.-~ ",- ~ '-'~";I and neither shall seek any contribution from the other party except as otherwise expressly provided herein. 14. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the division of their marital property are fair, adequate and satisfactory to them and conform to the criteria set forth in the Pennsylvania Divorce Code, as amended, taking into account all relevant considerations, including those set forth in the Pennsylvania Divorce Code, as amended. Husband and Wife further agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution of marital property, spousal support, alimony, alimony pendente lite and counsel fees. Each party shall indemnify, defend and hold the other hannless against any future action for equitable distribution of marital property, spousal support, alimony, alimony pendente lite or counsel fees. Husband and Wife acknowledge that Wife intends to institute a no-fault action in divorce against Husband in the Court of Common Pleas of Cumberland County, Pennsylvania Said divorce proceeding shall be initiated immediately upon execution of this Agreement. 9 b..J&.d ., ~~ ", ," ~ . ""',, ",--,( ;,'", Wife shall proceed with said divorce action in a timely manner and the parties shall execute an Mfidavit of Consent, Waiver of Notice of Intention to Request Entry of Divorce Decree and any other documents necessary to conclude the divorce upon expiration of the ninety (90) day mandatory waiting period under Section 3301 (c) of the Divorce Code, as amended. 15. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 16. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire. Husband has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to him by legal counsel of his choice. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties 10 ~ ~ -- --'" ,"-,' further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. 17. DISCLOSURE The parties hereby acknowledge that they have had the unfettered opportunity to have full and fair disclosure of all of the assets, liabilities and income of the other and they hereby waive and relinquish any and all right he or she may have for any additional disclosure or information. 18. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her 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 or otherwise, 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 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 11 . "<" -' ~ -" "~'1i 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. B. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement as 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 now has against the other. 19. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties hereby agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them, however, this Agreement shall not be deemed merged into such judgment or decree. This Agreement shall survive any such final judgment or decree if divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings. 12 ".,. ,- ~--- --, 20. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 21. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the Sanle. 22. LAW OF PENNSiYLVANIAAPPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no 13 '.,' "1 representations or warranties other than those expressly set forth herein. 25. OTHER DOCUMENTATION Husband and Wife covenant and agree that they will, (not more than ten (l0) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, note or other such writings as may be necessaxy or desirable for the proper effectuation of this Agreement. 26. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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. 27. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or 14 - ' ~' ~ '> 1 I effect. 28. ATfORNEYS FEES FOR ENFORCEMENT In the event that either party breaches any part of this Agreement and the other party retains counsel to assist in enforcing the terms hereof, the parties hereby agree that the breaching party shall pay all attorney's fees and court costs incurred by the other party in enforcing the Agreement, providing the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSETH: 4dlif-l-uI , / ;. . ;j (SEAL) r~ r, \ ~jluV-A~ \.~~S ------- ME~E~i^~J:! ~ ~ A) (SEAL) 15 ;;~...;.~ ~",,~l.l.IilI-"'; ~~.; .-~N~..._lrt~!,.;.;,~" ,~ ".- ~ " ....1 . - .-. ~ --~"-"-;;;':l MELANIE R. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID D. DAVIS, Defendant NO. 2000-630 CIVIL 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 ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mall. retum receint reauested. restricted deliverY on Februarv 8. 2000. 3. (a) Date of execution of the affidavit of consent required by ~ 330l(c) of the Divorce Code: by Plaintiff 6/5/00 ; by Defendant 5/12/00. (b)(l) Date of execution of the Affidavit required by ~ 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All economic claims have been settled bv the narties in their Senaration and Pronertv Settlement Al!:reement dated Februarv 11. 2000. 5. (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 ~ 330l(c) Divorce was filed with the prothonotary: 6/9/00. Date Defendant's Waiver of Notice in ~ 330l(c) Divorce was filed with the prothonotary: 5/22/00. A~ ~. .. (") C ~:-- -rJr't. r11r-'- Z::i:, :Z~_. CfJ ~=: ~~:: /_-"", ---'\..! >~ :'::4 -< " r::" '-"-' -.,. "'- i''c) ~ ~ '-<j ',..~' co,J ="< <-.> .' ~ ~",,, ~ <,; -,_ ,--,' yo ,'-';.'___c ,,-"-"'-'-'_~'" ;"..;__~ _, '_,'_.' _',,__ ,--.',;">,~_-","';'_,,-,,:;:, ;'no _ "",,;, MELANIE R. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID D. DAVIS, Defendant NO. 2000-630 CIVIL 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 ~ 3301( c) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mail. return receiot reauested. restricted delivery on February 8. 2000. 3. (a) Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff 5/22/00 ; by Defendant 5/12/00. (b)(l) Date of execution of the Affidavit required by ~ 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: An economic claims have been settled bv the oarties in their Seoaration and Prooertv Settlement Asrreement dated February 11. 2000. 5. (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 ~ 3301(c) Divorce was filed with the prothonotary: 5/24/00. ...... i;~~ ~- ~ - ~,~~-,- =~^' i__''''=''...._,~_" -" [M'l ""-'~illIlfJ 0- -0 ~ C C) s:. ::II: --..{ -ga' ~ :J~_:n !", " 'f"- :;Xl N .-pin lJJ.~ ~_'5t.? C\ 0,::' KO ..., -:;J~l .......':!J ~8 :% 20 tiJ 15111 5>c: ""' ~ N 55 .r '< . ~~ J! GOLDBERG, KATZMAN & SHIPMAN, P,C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 MELANIE R. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW . . Defendant NO. ~-~30 ~ IN DIVORCE DAVID D. DAVIS, 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 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , ~_ ,-,' '_ -i;.,,'L'- ~'"- ,~---~", ~ -'___~_,< _'F' --', _;-,--.-";1"'"""-",,,,_,,~V,,, , ,_ _'',"___''' Goldberg, Katzman & Shipman, p.e. Paul 1. Esposito, Esquire - 1.0. #25454 320 Market Street Post Ollice Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff MELANIER. DAVIS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d,frZIO- (",30 ~~ DAVID D. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING MELANIE R. DAVIS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date:~),~ ~;~ MELANIE R. DA ^.",', ,C~"-'~,L --, - ,- y.;;:",';,,-~~-~-,;"~,;.~- , ,," .;-;"",,";'''.- - , _" ,~_ -';-'u.,'" ,,"'- ,. , -J,;<c~'-'~-:, GOLDBERG, KATZMAN & SHIPMAN, p.e, Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 [/17) 234-4161 MELANIER. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA Defendant CNIL ACTION - LAW I?,~' IJ 7ft-- NO. 02o--vv - Co 3tJ ~ IN DIVORCE v. DAVID R. DAVIS, COMPLAINT IN DIVORCE 1. Plaintiff, MELANIE R. DAVIS, is an adult individual, who currently fY\.e.~A....... \'csh ~t'r resides at 3602 Franklin Avenue, Hampden Township, Cumberland County, Pennsylvania. 2. Defendant, DAVID R. DAVIS, is an adult individual who currently resides at Main Street Inn, Palmyra, Lebanon County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on August 19, 1989, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. ._~_ '"~__~" - > "_-'6 0 ~ . e'_ ~""~~,..- ,-,< ';;-io "..- ",,'~ do. oC.' -<"<''i!'i. __ ,. __~__,,"'.., ,;-"~c;"'~,<,,J;,, ,-,. -'-'-'.j 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. B~i};tf~IRE Post Office Box 1268 Harrisburg, PA 17018-1268 Supreme Court ill #25454 Attorneys for Plaintiff ~,- ,,;^- - "~, '-'-,_'-v-",",-_- - ~,'''' -~-:'~";-"o...:;"~_-_,,__,,,,~_,;: -';_0 ." "-~'j( VERIFICATION I verifY that the statements contained in the foregoing COMPLAINT IN DNORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date~ 1 YU (U ~ ), ;?\Dl)V ..--- ~~~ MELANIE R. DAVIS f' . ~~. -- ,,' ~:Ii. . ~. "., - -; -'. . ~~ ~ ~ ~ ~ ~v -j' - -- , ,-..-. ~ "- ....... ~ Y\iJ\ ~ & G \j \ \0 \ ,,) \ , "- ~t~ ~ C) C) () s; C'J -n --" i:; f: '~ r" ~ rn (;'- u :.2: I , 'q ::r:~ - C/O c...) ~} (~) -- r_':: C3 , S~~:: --;:,1 -!:.< C~: :..-) j:; C,I '.0 s;~ i"i"j (.:.:..:; -, -",; ~ '::;:, --'.--' co -< . Goldberg, KatZman & Shipman, p_c, Paul J. Esposito, Esquire. 1.0, #25454 320 Marl<et street Post Office Box 1268 Harrisburg, P;\. 17108-1268 Attorneys for Plaintiff , . MELANlER. DAVIS, Plaintiff v, DAVID D. DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-630 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ) ) ) SS: Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL 1. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on February 7, 2000, he sent a certified copy of a Complaint in Divorce by certified mail, return receipt requested, restricted delivery, to David D. Davis, 75 East Derry Road, Hershey, P A 17033, and the return receipt card signed by David Davis, and shown as being delivered February 8, 2000, is attached hereto and made a part hereof Sworn to and subscribed before me this lOth February, 2000. My Corrnnission Expires: ~QumE Notarial Seal Victoria V Chambers, Notary Public I . b rg Dauphin County My ~~Is~lon Exp"es Apr. 7,2003 .:-~-dL. ,,_,.,.~,;;;'-_: .J _.) _~_,,_,','--':r.nH___ iiCornpleteiterns1 ,2, and 3.. Alsocomplefe .. item 4 if Restricted Delivery is desired. -, . Print your name and address on the reverse !So that we,can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: f'F"\('. ~la ---:D. ~\S .~ ~ Uer/"'j RoM ~.s~, R\ 17033 3. Service Type lCJ Certifie1 Mail o Registered o Insured Mail o Agont o Ad~_ OVeo o No o Express Mail o Return Receipt for Merchandise 00,0,0_ 4. Restricted Delivery? (Extra Fee) 2. Article NumQsr {Copy fro..m service labeJh ;. \ \. \ ; .... \~-~~~~i-~v..d:il ii .iii '~l!'P"" ~t1,'i.jljIy;1~; i P"~""'''i!>l i\ [ ij {Hl P lIt " !!!, !,!l II "", ii'i\ )!.1V~ 102S9i-99-M.1789 '-'""'-~." '" ~,~, ,,' -- c' , . :<;;]:1 oJ ~-;. -<.,->1.,,,",,-,!," "'L" k~~ --,_.,.02-,,' Illil .. ~ . o C ;:=>'- -or,::' f'1C': Z ,--' t5~'~:- ;::::,; ~~ '.:'"""-.-' i> ,-~ "-/,-) l2C PC 7 ~ ."-, " C r- ~ -r ,'- -c.-.: .., ~ -' c .: (. ,. _ " in, '. 'C,_ '-ri' _"" _ ,-_"~~ ,_" ~_'"_ "." ",,-,~-<>","..- "",,"_^ --e"._ , ,- ,.-,:_."""",,-,,"-:<;'-';'F '~"', "~'"',,_",'J~ ",_.'n;;;_ ~_,,;_'~_-. ,__J ,"0"__",, .. 'C,' GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 MELANIE R. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 2000-630 CIVIL DAVID D. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was fIled on February 3, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of fIling and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: !5~ dmm ~~t?1 . MELANIE R. DA VIS ~ ~WIidI g-' ..if ,. ~ ,-,-- - -- "., ,,~ ,,, . ~, '-1 -~.> 0 C) () C C) - , I <"" -odJ Z ~' rI'lfl! , Z~C ZC' I :'n ~~~~ U) C..' l,,":".:C; CJ ~8 "" :+\ , () W ,..:.::rn p,:- ~ Z '~.., -- :< 5:J (,) --< ~ ~- ~ '~- ,,--,"-- _~,~~,,'L ~-_" ,-,,,.- ,~~, -. - .,-" "",' "-~"-'''''',~,.,"...---~.c,-,"''_l"-.,,t~'-.. '-"~ __~ - '__"'i=~-._.;,,'j MELANIER. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-630 CIVIL DAVID D. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF mE DIVORCE CODE 1. I consent to the entry of a [mal 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 autllorities. Date:~ CfOm) -:;:-~ c::Ak~ MELANIE R. DAVIS j''''' ,,~,,_,~,' "'",";",,~_"',c~,,-c,= " ~ ............... --,"-~~ " " '"' , , , ('") 0 0 C t:? .1 $: , "*OUJ ~ '..- rnlri hl Z::c; I ZI:- '-:"J UJ .!> \.0 ('~) rSt~::, ." -T, '<-- ,""'-::.:::G J>- :z -~,;;"~ (-) Zl,.) ~O "-:'? O,n c: -, Z ".W 'D, =<! :q (,0 -<. I:@ ".- . ,..."">",,,-~, ,- ',,",. -.,~- - " .-1 . ' GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito. LD. #25454 Attorneys for Plaintiff 320E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 MELANIE R. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 2000-630 CIVIL DAVID D. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was fIled on February 3, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~~ MELANIE R. DAVIS ','/ ,..,;.< ,;,'.',;,,' "'- , . '-~r- , ..'; . ;;, ..__;' ~D p'i .....7 ~;:::. I~- ;.:~:;::- _,"t--' ~~~j ~:~C) "-"C Z ;-1 -< ~^- - .c,. k '~U! (::J C:.J ~:= :~:=:;ll () "~I ~r.-... -r1 ;::;:; ;,\R -.:.1: g~ brn 9 ~ -<. I'" '.f! ~'~c _, " -""~~~ - 'l-. -c',_-_''-__;;--,,;:';- ,- ,-,~ " ".; .<...~,,--, -' -0.,; '"' t . ,,_ IJ MELANIER. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-630 CML DAVID D. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE TINDER SECTION 330Hc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: rJb~~ MELANIE R. DAVIS . ~ ' /C-"':'"'" l<",';> ;.s:.;;:-i:_:"':_'_b:,-" '- "'- ~, ,. " ~, ~".'" ", """",", '"OC ",,' . > o r; ul/! n-lr"; Z:c) ~~;~ .-1"-- ,.,-.,--,..- ~--~ ~~_::C) .<f::f";.-") ):0. C'_:~ 2: -1 -< C:J o -~' , ~ ::::rr; ';-;-~ -: -1'1 :~~, w\-CJ .::::~~=8 ;}("") 0'<1 -1 ~ ('0 .~- v _.~~ 'i? . ""-'.,.--- - -~,- , ," , .,,-, ^ ~, - ,,--, .~:.' --~,,-^.- .. ~ " MELANIER. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-630 CIVIL DAVIDD. DAVIS, Defendant CIVIL ACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT & WAIVER OF COUNSELING 1. A Complaint in Divorce under ~ 330l(c) of the Divorce Code was ftled on February 3, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of ftling and service of the Complaint. 3. I consent to the entry of a fmal decree in divorce after service of notice of intention to request entry of the decree. .I 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being ;so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about February 8, 2000. .> 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. Section 4904, relating to unsworn falsification to authorities. Date: ~/q~ f~ I., ,'<-'- ''"' ". . "'.' 'cC'" , . - . "',-, "- ""', _n."' ;~. " -> "k,.'" o 'i~ vG~: Q.'}Cf'i ~j~, ~< )> " ,':'i..o..~'. CJ C-"J Q -; ) -':";'" -"to ::~ ~~~ ~ (J:} f-....) I'..) .-::; --;-; 1;': :;.."C.:, ~.. r I ~ 5:2 -, -.'1 C\') ~ 11' , .. . ...... ...'~ ,. MELANIER. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-630 CIVIL DAVID D. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE W AlYER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DllVORCE DECREE UNDER SECTION 3301(c) OF THE nrvORCE CODE 1. I consent to the entry of a [mal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or e;ll:penses 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. Date: /ltfj ~ ~ i".,__ 'c, ~ " _~,' -~ ";-:'d~(:';<i'-"/-; :'IIii.'- ~- . .. . - ~ , A, ".---"----'"-- ~. o~_, '"".-^ , ;.~. :,0"':'" " '.__;;;;."",<_"~"",I'_ -, ,",-"'-'. ',',,'<$.. i.'~;;~" '_",-_', ~"__ ~"" ~, , ,~, - ~ ,,--,' " ~;ij C) ~; ~-Pi~:~"; ;.~..- c::) c:: o 'C] ~'2.': ?~ ~~ C) 0 0 -n -~ :Ti .-.1-<& 7,,,~ ;g ---.c: ;'~l ''0 rrl 1'0 ','7y .~;:(~ -'<:J -',-r! "'-:''-::'1 '~" c'5 ~ r;-;? (~5jTl ----I ~'l p; :C'J " 0.) .-< --