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Home My WebLink About00-02127 . , ~:~:.<<~;,)>>,:~;:,:::~::.::{:::!:c~~':~!>>::{::'.::C{:::!:'C'::::~!::C!~:,<.::(:::<C~;~>~:::~:c~::;~>>::{:~~:::.::{::!:c~::,:::!>>::~t::!::.;:r~!::.~:':::!::.::~;:::::!>>::!;;J*;g!::.>~::~>>:>.;>>::.>al!::c:<t'-!>>>H,!::.>r~'(c<:':("C~;ffi:~ M . ~ ~ ~ ~ ~.~ k~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ .. ~ ~ OF CUMBERLAND COUNTY ~ ~ ~ ~ ~ ~.~ ~ ~.'~ ~ t? >" ~ t:; ~ I ~ X"):;:>>>).,.)->>::'.:: ":~>>::~.,: ';.>>::..:.. )3E~;:. )<.::~:;_ '(,.:Co:::':'.>>::.( ':;.>>::< ):<<( ';.>>::.:.. :::<2E( ":.::.":.' x+::( ::~::.::~;;: :';.::"::';;: -':.::"::,< ":.>>::"" ':'.::+::"" ~ ',,,' ~ ~.~ ~.~ , ~-.,~ ~ ~ ~\ ~ ~ ,.,.,., M ~.~ ~ ~ ~.~ ~.~ ~ ~ ~ ~;~ ~.~ ~ ~ ~.~ ~ ''n'' t~ ~ ~.~ ~ ~~~ ~ --'~__'I .=1..'- ~',"~-~ _ STATE OF PENNA. MICHAEL W. DeMERICE, .. .1':L<i:iI11:ift"". ""'.. .... Versus MICHELLE T. DeMERICE, N o. ....O'~::-.2.~.2.?.... ..................19 Defendant ~ ~ i~ t~ . ;'-..: ~ ~.~ ~ n I ~~~ ~ ~ >.;' . ">, DEe R EEl N 1 !Jill I V 0 Ref j:-S:l (IYI ..........B..... ~, it is ordered and AND NOW,. decreed that. . . .~. .. . . . YO... ~?=~. . .. . . .. .. . .. . . . . . . . .. .. . ., plaintiff, and. ... . .. . . .. . . .~~ .~~ .~<;F;.. . .. .. .. .. . .. . .. .. .. . ., 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; a ~.~ ~ ~ ~~~ ;.; ~ ~ ~ ~.! > ;0'\ ~ ~ ~.~ ;+\ ~ ~ ~.~ ~ ~.~ ~.~ ~ ~ :~~::.::()::.::< ~.::.::.,: >::.::~'::}::.::< ::~~::.::~:: >::.::< ::'.::.::~:::>::.::< :':~::.::~:: ...................................................... .......... ,........., ~, . ,_ ~,,' ,_.-f I-T" ~', ~~ . , ~ ~ ~.~ ;.~~ I ~), ~.~ ~ ~.~ I ~~~ , I i ~.~ ~ ~.; ~ i I ~ . ~~~ ~ ,of, ~":~ ! a ~.~ r;;, I ,--, i ~~~ ~.~ ~ ",,' it ~.~ "." ~ ~.~ i.iWiIit;;lii>!llo<i.-' ';'~Jh ---'-'-IIliI~li_ ~, ., ~~ -i>j.JilIlIiii~Ii~-' ~- ,,"- "__",,",,--"""'~'_ ., 0 , ~ ".- -i-' -~cW~l: ~ ~. :.....'_0..'" f '1.,'~ ~~. ,_,v:~ ~, f';. ~,/~CD t.a;;f ~ /fl~ ;{74~' tS/f'CV n~ ~'Z dfI- . Il't fl\div\agrmt.ord , , MICHAEL W. DeMERICE, Plaintiff v. MICHELLE T. DeMERICE, Defendant AND NOW, this ~ day IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2127 CIVIL ACTION - DIVORCE o R D E R of , 2000, the property settlement agreement between the parties dated July 26, 2000, and attached hereto is hereby incorporated into the Decree in Divorce. ,I. - ., . ~--I-- BY THE COURT: J. I iilitilBiliti- '/!U.[K. ~~ 'rUf]ilf;;';~1' ;_,;."-jl~'~;_:';_";d_,__,,m ""'...~.~~ ;::iLED-0i:FfCE [~r 'r;..!::~ 1~"i:,,'-(~qrr,'-'I()"rMR'V \./, ,- ',-- , "'."., "'-' 'h-"Ir-v I 00 AIJG -9 PM 2: 27 CUMBEJiUND COUilJ7Y PENNSYLVANIA ~ M~ ~~C ~",,'=-, .'--' -~,- ,," ,~., "' ^ ^-- . ~ ""'."-~"- .....:.a~:;,--~>~ , ,'-;- . '.~ ' -~~ " I I I, fl \div\ag~t. inc I MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2127 MICHELLE T. DeMERICE, Defendant CIVIL ACTION IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE Michael W. DeMerice, plaintiff in the above action, by his attor- neys, STONE La FAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated July 26, 2000, into the Decree in Divorce. STONE LaFAVER & SHE By for Plaintiff i- "', . I ~,- ;<""'- "' , ., .0 . -,0'.', .1- , !I .' fl\agm\beMerice\7~dO AGREEMENT THIS AGREEMENT, made this ;)& day of ~u Iy by and between MICHELLE T. DeMERICE, of Cumberland County, Pennsylva- , 2000, nia, (hereinafter referred to as "Wife"), and MICHAEL W. DeMERICE, of Cumberland County, Pennsylvania, (hereinafter referred to as "Hus- band") ; WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on January 18, 1992, and WHEREAS, one (1) child has been born of this marriage, CHELSEA N. DeMERICE, born on October 7, 1989; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of -1- !i "' ^ -:< '1'.' '~I - ~". l_ -~- I ," " 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; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. -2 - ~ -.' -I , c ~ I '-- .;1 '- 2. Preparation of Aqreement. This agreement has been prepared by the attorney for the Husband. Said attorney at the commencement of, and at all stages during, the negotiation of this agreement informed the wife that he has acted solely as counsel for the Husband and has not advised or represented the Wife in any manner whatsoever. The Wife at the commencement of, and at all stages during, the nego- tiation of this agreement has been told by said attorney that the Wife should be represented by his own counsel, but at all times he has refused to do so. The Wife has read this agreement carefully and thoroughly, fully understands each of its provisions, and therefore signs it freely and voluntarily. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Personal Riqhts. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to -3- '<~^'-~-I ,.'_,,"c_ ~~- II '" 'II cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 5. Release of Claims. wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) -4- -I- , -~ .11 Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warrantvas to Future Obliqations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each -5- % r- -, -, , . ". :' party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, includ- ing those for necessities. 7. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 8. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 9. Automobile to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1991 Ford pick-up truck. 10. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 1997 Chevrolet Venture Van. Husband shall deliver executed certificate of -6- r"7"1 ,. ':~',~ ~ - I I '11 title, sales and use tax form and any other documents necessary to convey title at such time as wife has paid in full or refinanced the car loan for said vehicle. Wife shall indemnify and hold Husband harmless from any and all liability relating to said vehicle includ- ing, but not limited to, the car loan obligation 11. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 12. Real Estate. Husband hereby agrees to convey, transfer and grant to Wife all of his right, title and interest in the real estate situated and located at 540 Harding Street, New Cumberland, Cumberland County, Pennsylvania. From the date of this agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. Wife agrees to refinance the mortgage obligation regarding said property to remove Husband from all -7- !~.:--~Ir'-"'".' I - -j,_ -"1-' - , " , .~ - I"""" 1; " ',11 II I: !! liability and obligation thereunder on or prior to February 1, 2002. Husband agrees to deliver to Wife a deed for the property at such time as Wife refinances the loan obligation to remove Husband from all liability under such loan obligation. If Wife is unable to refinance the loan obligation to remove Husband from all liability under said obligation on or prior to February 1, 2002, the property shall be sold and the proceeds from the sale shall be applied as follows: A. All reasonable and necessary expenses of sale shall be paid in full. B. The balance due on the mortgage given by the parties shall be paid in full. C. The balance, if any, shall be divided as follows: Husband 0% and Wife 100%. 13. Waiver of Alimonv. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves suffi- cient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of this -8- I~~"-~, " ,. ~ -I ,..... I agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 14. Child SuPPort. Husband agrees to pay to Wife for the use and benefit of CHELSEA N. DeMERICE, child support in the amount of $300.00 Dollars bi-weekly, which payment shall commence at the execu- tion of this agreement and continue to December 31, 2000. From December 31, 2000, until such time as CHELSEA N. DeMERICE graduates from high school or tuns 18, whichever occurs later, Husband shall pay $100.00 per week child support for the care and benefit of CHELSEA N. DeMERICE. Either Husband or Wife may file a petition with a Domestic Relations Office or court having jurisdiction to modify the support payments in the event of a change in the incomes of either Husband or Wife. 15. Colleqe Tuition. Husband and Wife agree to divide equally the cost of college tuition for CHELSEA N. DeMERICE, after taking into account grants and scholarships. 16. Medical Insurance. Wife will continue to provide medical insurance for CHELSEA N. DeMERICE with a policy containing minimum provisions as would be covered by a standard Blue Cross - Blue Shield policy. Husband also agrees to become obligated for any uninsured or extraordinary medical expenses for CHELSEA N. DeMERICE which shall exceed $250.00 Dollars per year, but that, except in an emergency -9- l"""'!""'i""'"' ""':"':'! l' "1 "-1 -.. I " I. i_I"""""" ;. 'j ~ .!j situation, the decision to incur extraordinary medical expenses shall be a joint one and Husband agrees not to withhold his consent for any such expenses which would be reasonably necessary. wife also agrees to maintain health insurance on behalf of Husband until such time as Husband is able to enroll for health insurance benefits coverage for himself through his employer. 17. Consultation. Wife shall confer with Husband on all matters of importance relating to the child's health, maintenance and educa- tion with a view towards obtaining and following a harmonious policy in the child's best interests and shall keep Husband informed of the progress of the child's education and social adjustments. 18. Serious Illness. In the event of any serious illness of either of the children at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as she or he desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician for a period in excess of 72 hours. -10- . ',- " > - - ~ - " --,' -,,-,,:- :11 19. Consultation. Wife hereby agrees that in connection with questions dealing with the education of minor child, as well as any extraordinary medical or dental expenses, Husband shall be consulted whenever practicable, concerning the course of any proposed treatment or the decisions relevant to any educational consideration including the choice of a college, university or technical school should the occasion arise for such consideration. 20. Dependency Exemptions. Wife shall be entitled to claim the dependency exemptions for CHELSEA N. DeMERICE for federal, state and local income tax purposes. 21. Custody. Husband and Wife shall share legal custody of CHELSEA N. DeMERICE. Wife shall have primary physical custody of CHELSEA N. DeMERICE and Husband shall have partial physical custody of CHELSEA N. DeMERICE as often as possible. 22. Retirement Funds. Husband and Wife each waive any and all interests which they may have in the other's retirement accounts. 23. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to -11- ^I-~'!. .-,,",<. 1'- I :~ the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 24. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relat- ing to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 25. Mutual Cooperation. The Husband and the wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to -12- , 1-.-- r- : I: be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 26. Severabilitv. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce- able, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 27. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 28. Future Earninqs. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 29. Waiver of Riqhts. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have -13- ! 1- ~''''':~; --I' - ^-t >-:-' -, - """,,"," alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 30. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 31. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 32. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with -14- ~-, II : II respect to this agreement or any provisions or matters referred to in any provisions thereof. 33. Aareement Bindina on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 34. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 35. Headinas. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. ~-r Ch~"L- MICHELLE T. DeMERICE ~iJ,,) )~~<'c. ICHAEL W. DeMERI E (SEAL) (SEAL) -15- , !r-- - , -"-I ,- -~ .- I "pI!I!II!lI!IIII ~I r,-.. --) ~~i (,-:. (') c:: T""'" ---i _.;.' ~-_.:.: "',) (> ~,'2 ijI!IiH!~_JIIQilIIl"I."lill!'.'M.ftQl~~~~"4i! fl\div\ltrnsmit.pcp\7-97 MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2127 MICHELLE T. DeMERICE, Defendant ACTION 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 s (3301(c)) (~) of the Divorce Code. (Strike out inapplicable section) . 2. Date and manner of service of the complaint: Hand delivered April 14, 2000; Acceptance of Service filed May 1, 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit s 3301(c) of the Divorce Code: by Plaintiff Defendant July 26, 2000 of consent required by July 26, 2000 by (b) (1) Date of execution of the affidavit required by s 3301(d) of the Divorce Code: (2) A. Date of filing of Plaintiff's affidavit upon respondent: B. Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: NO CLAIMS RAISED 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's wJ:iy./er of Notice in s 3301(c) Divorce was filed with the Prothonotary: . 8 I Jj 0 . Date Defendant'k wajver of Notice in s 330l(c) Divorce was filed with the Prothonotary: 1:5 II LDO ~~ ~ -------? Attorney ~LAI~) ~ Supreme Court No. 40486 "'~"-I - ~ i~ ".,,,,,,,,!!!II! ~ ~-, ~ - " -- "", .~ ~~ . ~,-~ .~,_ W' ~~._~--, 2:c-- ...:::-- ::) ~ /~- ~~;:> ". (' c-=- _Imll 7;1:0 ~.)J '-'-:1 ,'-..) i -.~,' ,~ !iI!IlII'., mi~ifI~~W'I"'l"'W'~",,;r.!t"l''''''!7''!O;:l>,h'''''~''_J!\''''"~i~'!I;~~~if!W''''"~''~IfilIIi!1l!!J!I!li!!ll!~!j!~ II II II i :1 1 .:O~ '. I , MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - :;2 1:1.. 7 CIVIL TERM MICHELLE T. DeMERICE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Countv Bar Association 2 Libertv Avenue Carlisle. PA 17013 Telephone: (717) 249-3166 '0' I__~ '. '~..- ." . ,.., '.. -,~___ . -;1 - fl\div\demerice.com\4-00 . . , ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (nJ_2IJ7 ~ I~ MICHAEL W. DeMERICE, Plaintiff MICHELLE T. DeMERICE, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is MICHAEL W. DeMERICE, an adult individual, who currently resides at 520 Reno Avenue, Apartment #2, New Cumberland, Cumberland County, PA 17070. 2. The Defendant in this action is MICHELLE T. DeMERICE, an adult individual, who currently resides at 540 Harding Street, New Cumberland, Cumberland County, PA 17070. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on January 18, 1992, in Lemoyne, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- '-, ~ -1-' ~-"- --~ ,..'<1 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that one (1) child has been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. s4904, relating to unsworn falsification to authorities. Date: ~ .4./00 ~Lo W ~~~€kC~ MICHAEL W. DeMERICE STONE LaFAVER & SHEKLETSKI . SHEKLETSKI, ESQUIRE Supreme Court ID #40486 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff -2- I"""""'! __"_"~~ '!'_,n. ___ _ .,. ",--. ~I -, fl\div\consent.aff MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2127 MICHELLE T. DeMERICE, Defendant CIVIL ACTION - IN DIVORCE I i I I I I I I i: " II II I: " I ,I Ii I II II , 'I I' " II II " i: ~ I, " I' II ir R Ii 11 II ,I ii Ii U ~ II II Ii i( II II " 1I ~ il II Ii 'I I! !( I! Ii 1~ ifp",_,_ AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on April 7, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. ,\u I~ .2 (p . cAcm Date f '- laintiff i .c. - :!-".', '- ~ 'r' " I i" -"0' "-".',F" .~"", ,'.'w,' ,.,.,",'" u ,', "h '" "" -",-"~;c_"_,,-,,,,,~ ., ..~~!II__o r' ;,..~: , ,--' --:J (' ~...-~::'O '-!'- ""-~ ~ '.'; "" ~;~S.-- ...--":.- '--.- j?: -.. / :i~;}~ ~- ---1 .-'(" - {,<J ;,.) .::~~~ ~JJ -< ~.~....~~~( il II i!'._" II 'I Ii f1 \div\l-waiver MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2127 MICHELLE T. DeMERICE, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 falsifica- tion to authorities. D~:I\ tv 1.e cc. Plaintiff , 2.- Co 2.cKJO ( ^ ,F_, -- .-, ' I ' '~ ,~ '. . --,_",'-I';,O?-,,_< ~I I ~ '" " ,,'" ," , ,,~, f,? ~::;;: [[1fT ()) -~ -' r:;c,'" ,,::' ~~ s~:~' 7 :'::3 -, I liT])" .C:') ~~ ',~" . ~) '-rj ~~ ,:i ;:,) ;'\.) '.- 'Y"._=,.--"c_"-,,_~<"r'_'1'_,,,~'-"-"-~-~---,~- l,lf, ,'l1II~W/i1~~___; =~~41~~1!J!ili1 fl\div\consent.aff MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2127 MICHELLE T. DeMERICE, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 3 3301(c) of the Divorce Code was filed on April 7, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pal C.S. 3 4904 relating to unsworn falsi fica- tion to authorities. L h~~loo Date ~.J1J lli~ MICHELLE T. DeME ICE, Defendant I I I II C' - --".'-'''Ic-- I, .~.._, ^ . ~~ I I I. '~.'.. '.p.....' '''_ ~,','" ~,""Y,'"E -,~ r~ ~, <~ .... .,'N" N...'.' ........ -".~~- ,~ v jri ~?) '7 >:: (f) ~ :j:: ,~.;'-'; )>:=.: =j .-<" T :r:mo ., .'~ ,''',) ~ ~1~1IIlIIl1I!f~ ""'! _~',,~r~ ~m1"~.! fl \div\l-waiver . MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2127 MICHELLE T. DeMERICE, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE ~i 'I ~ji II ~, ri ~i ~ flj ~i h: ~I! ~ ~ ~!I :~ :11 Ii ~l ~! ~j E'I ~j ri: ~j i~i l~: :1 ~:l ~;i );1 ~j II ~:1 1)'1 \1 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 falsifica- tion to authorities. l!!\ S!i lilll 1....1' ,', ,'I :il ," Of I:J-Co I tJD Date ~T:[j~~ M HELLE T. DeMERICE, Defendant 'J !!i :':~ , " , '~,- -"-I '- ,~ -~ -""',,~,"" -~-' .:1 ..,..-~- ~,U [,t- ,~ "~'" """"""..,,1, " ,- ,,' p",'""",,,,,,,,,,, ,,,,, "0'. ',-V, .......,---, [tlil_; L::_~X' L.;-- Cf)":" ~' c~ ~---., >(' ',::;,(-' ~~. '-.-' ,->"..... ",,,,?,~'l'lI~~_ ~~ r' :::.:...:: .~- ';'i -<, "" jH""'r;"" ,~'" ;--) .:....:: , , >..) . ' ~~ ""'_, ,_l"F~rw.~' 11 - I- I fl\div\accept.srv MICHAEL W. DeMERICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2127 MICHELLE T. DeMERICE, Defendant CIVIL ACTION LAW IN DIVORCE ACCEPTANCE OF SERVICE I, MICHELLE T. DeMERICE, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce filed April 7, 2000, to the above term and number. <-I //'1/00 , f.. ~Qk~ MI HELLE T. DeMERICE ," Defendant Date I___c -."t,_I'"""---. < ,.. ~. "0"" ,. ~I .. .... ..."..h,..T'!!!!' lllt"IJ .I" ~",..M." ~ >- =..~ -.~~ ,'~ n f~ [fj r~: 2f'~- ::::~ ; ,~- ~C_ ~+" ~ ,J:> z --,' ...;: IIIIlIIIU1'JIl' '.:::) c:, ."~ _",_,,>I~"~'llffi!fflI~"" ",r.".'- .~,,~~<-"~-~~~