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HomeMy WebLinkAbout00-01227 '"",, . . . . . , , ~~~~~ ~~~~~~ ~~~ ~ ~~ ~~~ ~~~~~ ~ ~ ~~~~ . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF . VIRGINIA D. FAKE, . No. 2000-1227 Plaintiff . . VERSUS . MARK A. FAKE, . . . Defendant . . . DECREE IN DIVORCE . . . . . . 2000 , IT IS ORDERED AND CV81...... /r?" AND NOW, . VIRGINIA D. FAKE , PLAINTIFF, . . DECREED THAT AND MARK A. FAKE , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement . . Agreement dated September 28, 2000 shall be incorporated but:not merged into this Divorce Decree. . . ~~~;F. ~~ ~ . By THE COURT: 4 . PROTHONOTARY . . . ~ ~~~ ~~ ~ ~ ~~ ~~~~~~~~~ ~;F.~~~~ ~ . , ,~ ,-,. "" ., " ""';' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . ~ ~;€'f. e ~1illOIIIiMI""-' ~-~iill.' "..l~1'oJ -~,-"-'...~~~_.~. ~~. ~ <I..."......... ~ ...... ~'CI /o'I(.bIJ tJ/. +;;;.ii:~~a?f~~ /tJ'/f'~~ ~ ~ ~ 4 ~ L ' '. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thiVl1!lday of 'I.\...~ m~ ,2000, by and between MARK A. FAKE, hereinafter referred to as "HUSBAND", and VIRGINIAD. FAKE, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 19, 1992, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out ofthe marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate ofthe other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for goocLand valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: . ~ Ii:' " I' ,. ". ,.-".C' '.," ... ,',",".'" lli ~v Jii'" m , . '. ,. 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has been independently represented by Diane Sommers Baker, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he m~ select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. IZ ;:. -- 2 T " _I "'1'C"!'''''''''' >~~ ! - , ~ , - ~, "~ " --'. ,- ,-,'-"' . '. ," . 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnifY and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. To the best of the parties' knowledge, the parties affirm no joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital assets and marital assets including but without limitation, jewelry, clothes, furniture, and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets, with the exception of those items listed on Exhibit "A", in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND, together with those item listed on Exhibit "A", shall be ~ ~ 3 --- .. 'IIif;:lill~t:~:~':::~ijn~tl;1;':jli"f~'.l1;t~il~r,~eJ'~)'iI~,q""1:'7?':,".;';;;;1J;.:tJriC]"Er_i1l.~,,~ .' the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 6. REALESTATE The parties own property as tenants by the entireties located at 206 Reno Street, New Cumberland, Pennsylvania which is subject to a mortgage with PNC Ballie The approximate balance of said mortgage is FIFTY-ONE THOUSAND DOLLARS ($51,000.00). Pursuant to HUSBAND's bankruptcy proceedings, he was released from the PNC Bank Mortgage. HUSBAND agrees to convey all his rights, title and interests in this real estate to WIFE. WIFE shall be responsible for the payment of the unpaid balance of the mortgage, together with any interest, penalties and costs, as well as any other taxes, insurance and any debts associated with the real estate. WIFE hereby agrees to indemnify and hold HUSBAND hann1ess from any and all liability as a result of non-payment of the mortgage or any other debt associated with the real estate by her. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, right and title in the marital residence. " Ii: 4 --- " ....,?::~,.~::.?"1'~.~::~'ij~...~.::~1:iiE::wi:~nf~rlu~'jf~\~'c::"'e"";;\';\"'C\';;;r":'~'T'd;;e~;\:~:'~"ll~~'U::'~_.~:\~~f""""",.",,,,~.;,,,,;!1 . " 7. MOTOR VEmCLES WIFE shall have sole title and ownership of the parties' 1997 Mitsubishi Galant. This vehicle is leased in WIFE's name alone. WIFE shall be solely responsible for said lease and agrees to indemnify and hold HUSBAND harmless from this obligation. HUSBAND shall have sole title and ownership of the parties' 1989 Chevy Truck. This truck is not encumbered. 8, PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable. 9. BANK ACCOUNTS. INVESTMENTS AND LIFE INSURANCE Each party shall have sole possession of the bank accounts, investments and life insurance in their own names. 10. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYL VANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of lIll claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and E '- 5 -I ,~ '="-~- - - - -", , ,-' ' _',_o,,",,_.m -., " , maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 11. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, 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. 12. ALIMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony and maintenance. 13. TAX RETURNS The parties agree that, in the future, if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessedoy the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the c 6 -- \r'i1~:T':;:J~iJlj\114:1I.'~"~~':;Jfij':~'~'''';''CCii'::l.:J;:'''e.''':'''::,,~\':''''.:::'~'::E:-:''''''-''r'~f''F;:~t~;:''I''~''~:~"':'~l'Tr::'i' " parties, said tax, penalties or interest shall be paid and solely attributable to the party who failed to provide the required information. The responsible party agrees to hold the other party harmless from any penalty, interest or liability assessed or any attorney fees, costs or expenses necessary to defend themselves from said action. 14. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a N 0- Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated for purposes of enforcement into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 15. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will ~ ~ c: 7 -- "::;:;;:".:":1(;,:':~>:~ :7Ii'J:C":'~;"'''::"':-'''''JO"'l:; ..... . ..... . '::'.".~" . ':'.~'"-c- ..... ":i'i::::Tiif':)':nni:';i,,~"''':':' 7,.. /:'\'';;}'f';lY"",,:., .' forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation ofthis Agreement. 16, MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 17. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other oragainst the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as c 8 '- c..,'!:.".'."."'....'.".......".'.!. ,:..,..'."\.'...:c'"".'"~;.,.,.j;,.~.;~.".:~':'i.,"..":'~'''. ....'.".'). J".":.'n.i~. .,,,..... ."'r'."'~.':n. iJ".;....".:..J::rn. ''IT;''',''1r'lft~. ".~~Ji:. W.' m.l. ~. . . . .'''.;r~.')~. ':.:~.r.'.~j.is:;".l.t'..'.~'.'. ~_- -- ';' -, -''- --:"'"1" ' ""'-," )>:~<~.. ,:" ;oH': ".,-_- -,'_:- _:- ~ <-:-h~-"-- ,:,:., ' :__ __.,_ .,: ,:', ,; ~,~ ' ,,_:',"~ -,-,: :.__ ',,'_:~' ,': ~" ,,~:':' :_':':"" ,"_~~' _:_',--:~"'-~'" .:,,,':-',, -" '~"...,..:.... _",', -~"~::' ,'~~_':;.: VI-~; .' _..,.,~ --:" ,,';":-.,', :,' ',_ _":'-":" .: ",' '~"': '.'. "-",:' ,:.t,.,.-,: . " testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of the United States, or ( c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result ofthe marital relation or otherwise, except, and only except, all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenahts and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effegs to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution ofthis Marital Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other no~ owns or may E -- 9 '-\1iT"..:!iI!li!I, . ., ," , .,,-[ T::.~ ~ T,";."..'. ':'..rP:." . hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof 18. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assIgns. 19. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 20. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 21. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and it: 10 -- .. .'~~'~"::'o'iJ:1U~'li1:ii'il\ii1'~:tI'tjJi~'~:~1t~!f_ilIilt'''''']1':.~i'l\:''~1i~C~j'il::"f":~j1::"t'c'~l~jlI~t:!i1'"'!.':"':'~.'-~"""Jt;it'""""'~ pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions ofthis Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 22. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. ~ ~ E. '- 11 I" ~~'->'''-.-~'---'' "--"'''-'''-~,-~, .7' ~~~ ,...,..,...._,~,... .. . .,.,.," H' .'.....,.....,..'....... ..' ""'""0--_: I ' 7.'."".' '''"-_'',<_ -, .~,_"._,~.__, '-"1'-"'" ~'" . ~--~ . !! II! _~ ~ 0' .":-'''"H,'-"......,.' r",,__ ,: 'O-"'r_--,~: ".""",~,..1.''''. .. "...." ~"._~';',......-~ .,--.-;;...... -, " 24. CONDffiON PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS rno.J 1L;r~ MARK A. FAKE d{d;{/ G .AKE ~()fi~~ r ~ E:: -- 12 ~";~~~. :~''''~'',._,U~!:' ",,_'~::,-;;" . " ..,' ,~ -.~_,,:_:_ _H""'," ::" ':-~~"""~"' ~'.- - -,,,:~,.,_ :_.-~- -'-~:'-~'~:Y_~~"~'~~ ,_ -'~~~~~7'"~"~~~~_- : " :,:-:',~_,,~.:: ...~ ' -,;:" ~T' COMMONWEALTH OF PENNSYL VANIA COUNTY OF J>" ,,/),/-1 ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared MARK A. FAKE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. scribed to before me this Z"L day of ~t-, 2000. M commissimrrelllpimsa DlA~.!E l$. ~1{;:~, t'~::~rr P'~};~;: Low~ Pu.:.ron v'ttp.~ [.1c;;;..;:..1.'J Cu~F.~ My Commiosian ~ ~ 10. :ma (SEAL) COMMONWEALTH OF PENNSYL VANIA ) ) SS. ) COUNTY OF L.IJ-mb.trlo..rd Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared VIRGINIA D. FAKE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief ed and subscribed to before me this~~ day ~2000. NOTARY PUBLIC My commission expires: (SEAL) ~i' 8lIIIIaIa SIllllllllallulll.BI.1Ill\lIy AdD New Q/lmIl8Il8Ad BaR:>, ~lb.,1Mil CounIy Camrnlssion EJcpiI8S November 15, r ~ c -- 13 . .' .w', .....,,"',.,.,,~ ,.", ..ijii-.W-.. ,:miL. "."....':'":''".mT~ "'. .\.. '. .... EXHIBIT A HUSBAND'S PERSONALTY 1. Family Pictures and albums 2. Ramps for loading and unloading 3. Fishing Rods 4. Tackle Boxes 5. Cameras (35mm and instant) 6. RCA 31" Television 7. Tools 8. Sleeping Bags 9. Clothing/personal items 10. Air Conditioner 11. Radio (old) 12. Led Zeplin picture 13. Wood cutting board (made in school) 14. Panasonic walkman ~ ~ E !'" ..j_:~ .'-:"<<:;~::;(;~)[tiiit::~'liit;j:!:,;:'.:,"":~.:;,':'.' " 'G:' ""'. , ,.....' ,..:.::.':}.':',.....;.... .~,".:'T:rIJl~ut':;':.i'":~'~~'~'!~~~'ic~..,"~;" ,--" -. <' ,-" '. _ ^ ,'", ", ,,,.~,,,..,,"'.." -"- (") c "1Jft ~f~~,: (I),,::: ~, r::c, d:~: ~"-'" ,''-...' ---. ('-~ ~ ,~ If A a (~J C) ':".) -.... ,-J I'"""; -, ,c_:; C., -' r:3 ~~) ~~ ~ (,-) (=~; rn ~"I ,r;.. c.", -"~ -.:;:- :.) -1=- ", "1~ ~-.~ VIRGINIA D. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1227 MARK A. FAKE, Defendant 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) ofthe Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on March 6, 2000. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: September 28,2000; by Defendant: September 22,2000. 4. Related claims pending: All matters have been resolved pursuant to a Marital Settlement Agreement reached by the parties dated September 28, 2000 and incorporated, but not merged iuto the Decree. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: October 10, 2000. Date Defendant's Waiver of Notice in ~3301 Divorce was filed with Prothonotary: October 10, 2000. Dated: October 9,2000 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff ~~-, ,:--~: .- . ,_~v ,""'__'~~_'< ,~ ,_.'^_C _~'" . -, - ~. -'-~"', -, -~~ "--- ,-, --"" ~.. - . >~- ", ,- VIRGINIA D. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1227 MARK A. FAKE, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Diane Sommers Baker, Esquire P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 Barbara Sump1e-Sullivan, squire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff DATED: October 9,2000 '1-- '----_~7~,~,~"'h". - , - ~- ~, / ,~-----~ -, - "' --"~>'-<;< '" 01 - 0 z .... <( 0 2: .... ',0 ~. .J .~ (s .J Z :l ... <( (~ :? Ul i:l :i .~ ,:} m ..11: \.)$ w !II ... ~ Q:~ '-)<:: '<e -' m S~/J .. lL,~ Z .. Z ~"::J 0 ::E e w -. .5f') ~ :l ~. ll. ;..-, '~r.. -<"" < Ul 00 i '-: ,'-.<.,. --> .J m 0 Co !!;:.J!:D <( ~ Z :JjQ 0::' m ~ c.-=> <::> :::, <( a: () 1Il w 0:: m <( ::< 1Il :J U ~ w z '" '.--[' VIRGINIAD. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. JlfX)- \6.8.1 Gw.QTE'r\fY1 MARK A. FAKE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 VIRGINIAD. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Jooo- Iddf ~T0\fY\ CIVIL ACTION - LAW IN DIVORCE MARK A. FAKE, Defendant AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: 3J-,)cJtfO / ~/<-l (;;{J Virginia D. Fake VIRGINIAD. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. (Jrxx)- /J..di MARK A. FAKE, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is VIRGINIAD. FAKE, an adult individual residing at 206 Reno Street, New Cumberland, Pennsylvania 17070. 2. Defendant is MARK A. FAKE, an adult individual residing at 568 Magaro Road, Enola, Pennsylvania 17025. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 19, 1992 in Cumberland County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on August 7, 1999. ,', --"." ,.e~ ,-~" i-'- -, ','"'_,~~_''''',_~___,, - 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 2 ~,,- -, _~I'""'"'1.":"' ,'c. t""" ~_.~,. _,__e-<"._~ _ -, -~ - " - ,~ '''^''. ."''''', ,,-~-,. """, .0 H'_ ~" _ 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been physically and mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT IT EOUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the 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. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40 1 (d) of the Pennsylvania Divorce Code. COUNT ill SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are 3 incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard ofliving established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Virginia D. Fake, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; c. Awarding Plaintiff counsel fees, costs and expenses; 4 ~ ~-- I'~."...."..'C '_d', ...~'h'."_,"_. ". ,~, .. D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just rbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 Dated: March 3, 2000 5 '-~_, ',-- ". ,- I ,,~,_ .~ ..~ .". ~~ _ _=n_,""''''' ',,"'. .- - ',- - ,~. ~"~,,--"' ~- ~ -,.~ VIRGINIAD. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. MARK A. FAKE, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Virginia D. Fake, hereby certuy that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated:~ ~~/r/ d V ~~;a D.'Fak7 ~ " ~ ~ e- , ~m \~) ".- L." :u tl~.~ :':;: ~ C- LL o . - -' >- b..: / ,f:]~~~ -'. ~_). :.-':J ('J I c::~ tiii':J: _.- ---0' rJ) , .~._~?~ '. - , ~~E .0-= OCj () c' C,), ! 11 o ill g ~ t:-- (X) l"- e{) ~- j -j' .::J ~ Ct> 0- ":\\- <::L . \~ - - '" Ol - ci " o .... z ~ J ~ .J Z - ... <( ..J ~ > Ul a: .J ffl, W tJ ~ ~ J Lil Z .. n. ~ z o ::E B w ~ :J ~ "". < Ul C oJ 01 Z' < :l <( II: J < c:: m .~ II: ::;;.. < :J m u :: w z , VIRGINIAD. FAKE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1227 MARK A. FAKE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 3, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verilY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~/cJO ~~~- VIRGINIA D. FAKE --,-, I~ ' _c'O;:""'__~" ' _ - ~"" "'''f''^. -~_ -~ . ','co "_,__,""'.._._~_, ,," ,_'0_. ~,p~___~,_~__ _,_~."_"",_""'_>""~___~" ._.'~, n', _ ~ _~_ " ,'-, .'~ """" ,~.~ , ",-~-~~.,..." ,. =," ".o,~"C!o 0 c, ~.' C C..:;J ~i'I s: i:::> LJtr1 n n1n-'~ -l ,'.::;: ~i~ a ','2:; -' , ~J ~~l ~:c; -"tJ ~ ~'o _.. ~. J ....-(-, T:.? C.r ;-,j :Doc' -...., ~ ,:." s5 .r;-- -< >c:"" "-. .,-~~ VIRGINIAD. FAKE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1227 MARK A. FAKE, Defendant CIVll. ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 3, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: q-~-Oo 1Y\a,L 1L?!d MARKA.FAKE ,___,<.,.'0' I' ,1_,:_",1"-",,-,:'1' ~'. _, '::.~ ~1__ 'c',"' "", _""",,,"_.n~ _ _'~~'''''_';''___; _"~'~~ _'_._,__~ ,_', ,''''-~ -~"."---"",,,,--, "..... ~~ <~'-' .'.'.- "C J!I!\i~.I,. ""l''''!'~ 0 <::::> c:: c) CJ .:s: a "" :-t;~ c.:- . f11n-; {J ;;::0 -< . , -~ f? ,~~:~ a -:'"';"i c C-"', ~.t'_, , ~:~:; ;~ -~-:J c::: i?;e, ,::i)'::1 :E'c: ,N >-( ) '-") ,~q <: --.' -, .:.) .):-:.! ...,;' .f.:- 00 -<: -,II!I!!lI!. - ~- '" "IV':r~ . VIRGINIA D. FAKE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2000-1227 MARK A. FAKE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE:~ ~qy=- -, ,,~,~ ". e _ _ .~ _0 _ ,_ _ "<'_, - . "'. _c,.= _".,_M'__ "-.__ ~'''_~__' _..~__,___,_ _,,~__~,_" tiI:.i "C . oC " " " -,,,- " , C'_ _._ w~c' . .~ =" ~ ~" - ~. '"' -"~" III Ii liT () CJ () c:: c., -"";1 $: C,:1 "'1Jr:~ c-, rnf~~ ,. Z:D -; 655;: .-d':; <:;) ,rC, -<4"',. . ~~ (i'J <-\.:1 -" ._,'., ~ '. -'", ~C) ~':~~~ (') ~() fSJ -----..1', c: ~.; - :'::j :" ?U -< (.n -< !~ ~ ,"~"""..""-,,, ~,~~ ,~.~ "'" VIRGINIAD. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA. v. : NO: 2000-1227 MARK A. FAKE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: q-~-oo 7nal- ~~~ MARK A. FAKE '. 0'" I'-~- ~, ~'"-~~~>,,",g,~~,-,~_==_~,..-,,,-,_.x. ." , "- ,----~'" > -, ,., "'" ',- - ,<---~ - II II 1..111 ~ fL ~, - , ,"''I ;' '."'W'0r~_" o c <" '}U; rr7rr: Z:r 655:. r:S t~- o<C ,- >c Z,. )>,=.: '-:;-, .~ ."". ._~J!IIl_~~_.. o Q o <::) ;-;-) '--I (.:;::; -, " r:> ::.,.) (..<1 1II0"'__~~ VIRGINIAD. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000 - 1227 MARK A. FAKE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. P 377 421 194, Return Receipt Requested, on the above-named Defendant, Mark A. Fake, on March 6, 2000, at Defendant's last known address: 568 Magaro Road, Enola, PA 17025. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. Dated: March 9, 2000 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff 1'- . '-., ,- ~')Y/~-5'-->'~ -"0 - - ,'C_,,',_ ~~'~~__" '>,'_". , "7" ."_., _ _~, _'~1 ,'.:".'7$0"'" ,,-,",',,_., -'~='~'-' ~ "- , . F' }77 421 194 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use tor International Mail See reverse Senllo Mr. Mark A. Fake S1ree1& Number 5b8 Magaro Road Post Ofi,ice, Sta1e~ ZIP Code nOLa,..-A 17025 Postage $ Certified Fee Special Delivery Fee Reslricled Delivery Fee '" ~ Return Receipt Showing to ..... \.oVham&Date '" d 'a AetumRec' <( Dale,& g co "" E o "- en "- + '<; SENDER: '0. _Comptete items 1 andlOl' 2 for additional services. -: :~~~~~~ ~~~~ ~n~a~ft~&~ft""t~~hat we can return this f! card 10 you. an~ "1''RN''I'r;g' ~ -Attach this form to the irOl1EI1\l;' u!ack if space does no1 f pennit. 411 -Write"Return Recsipt Raq . b ow the article number, oS -The Return Receipt will show to whom the article was delivered and the dale C delivered. Q " " ~ a. E Q " Mr. !fjar1-;: A. Fak~ 568 l'1,3.garc Roaci Enola, PA 17025. I also Wish to receive the fallowing services (for an extra fee): di 1, 0 Addressee's Address .2 2. I!IIt Restricted Delivery ~ Consult postmaster for fee. "S. 4a. Article Number l a: c ;; ~ a: 3. Article Addressed to; 4b. Service Type o Registered o Express Mail o Return Receipt for Merch 7. Date of Delivel)' IIlI Certified o Insured ~. '" o COD " .e " o '" '" " ~ 5. Received By: (Print Name) 8. Addressee's Address (Only II requesled and fee is paid) ~ " o ,.. !!!. PS Fonn 3811, December 1994 Domestic Return Receipt EXHIBIT "A" ~ ~. -''c_ '" \0) - Z 6 ... <( 0 > ... J ..~ >- .s C .J Z S'? c'" :J I;i <( ~: z:: Ul '" .:J !.1.i::,l =>s; 00 ... " :3t.; '" I.lI f- ~ CD ;;.":~ U .;;J 00 F:~'r IL 0.. '" z ::l::l .. " Z ,.~,;, ~-.. 0 ~ 0 V ";:;f;:; W CJ'~" c-, ~ :J " "- tt,_'e ""lZ < Ul m , :~~ .J m C [7'" C:: Jill <( ~ Z ~;~~r -'C.. 0:: '" <( :::J~: ~"",, <( ..I u. (-) ~:) a: c' 0 C) III .W 0:: lD / <( ::;; III :> u ..?; ! w Z _. , .. ,/ "" --~ """""--1"7"--" "^I"'- VIRGINIA D. FAKE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law MARKA. FAKE, Defendant NO. 2000-1227 In Divorce NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintiff in the above-captioned matter, having been granted a final decree in divorce on the 18th day of October, 2000, hereby intends to resume and hereafter use the previous name of Virginia D. Brooks and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. g704. v~1-~ ~'d~ TO BE KNOWN AS: Virginia D. Brooks COMMONWEALTH OF PENNSYLVANIA ;SS. /8'7- D~-78~1 COUNTY OF CUMBERLAND On this, the o? r/-t day of od.o-/~ , 2000, before me, a Notary Public, the undersigned officer, personally appeared Virginia D. Fake, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice ofIntention to Resume Prior Name for the purposes contained therein. TNESS WHEREOF, I hereunto set my hand and official seal. 'NOTARY PUBLIC My Commission Expires: NolBIlal8eal Ba1baIa Sumple-SulllvaA, NoIIIfy PublIc QtilllboldaJld Boro, CumberIarid County CommIssIon ExpiI8s NlMmber 16, 2003 (SEAL) ~-:~ ,"~-:-~: '-'I ,', -. . ,. -<. ..C . . .. '." . '."" '."'."~."""'7.",F':'" 1"-' ~- .", ,-- " ,"'.- -, . ,,,~ .j7',", "'~,,"'_. ",. ,., -Iq, ~ ~ 0 0 (") 7? c c -n 0 :s:: 0 fL 0 -,(:lCf] n rrlrn -l Z:,U '--~""1- .c- 2C;;: w '~;t;") ...... ~ fl! 0)",;;:: :;f~,~ ~ -<.-. !.<G "'" OJ -...J ~8 3i: _"rt'J ~rn 1J ::Pc '--' I' ) z (J1 :;;! -0 =< Cl 3! "'''''''F",''''..'.',''F.,''','''''_' I}' '" ,:"..~, iJ'!~;><,~:t- ,_" "':" - ," ~,,",,' ., .1'~ -" C_"!!'*" ! .' ',\, ~