HomeMy WebLinkAbout97-06621
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNSYLVANIA
.. , DIANA..TARVIN,
II
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Versus
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. ,. MICHAE.L T~RVIN,.."..
Defendant
DECREE IN
DIVORCE
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AND NOW, . . , . , . . . . . , . ~. . . , , , . . , . , , , , '. 19......, it Is ordered and
decreed that .....,.......,... .DIANA. TARVIN, . . .. .. . ... .. ...., plaintiff.
and. . . . . . . . . . . . . . . . . . . , , . . . . . . I1ICUAEL. TARVIN, . . . . . . . . . . . ., defendant,
r.Jre divorced from the bonds of matrimony. and in accordance with
the Marital Settlement Agreement attached hereto and incorporated
herei.tke 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;
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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
MICHAEL TARVIN
AND
DIANA TARVIN
Jay R. Braderman, Esquire
126 Locust Street
P.O. Box 965
Harrisburg, PA 17108
Telephone, (717) 232-6600
Counsel for Diana Tarvin
TABLE or CONTINTS
BlADING PAO.
1. ADVICB OF COUNSBL ~
2. DISCLOSURE OF ASSETS 3
3. PERSONAL RIGHTS 5
4. MUTUAL CONSENT DIVORCE 5
5. EQUITABLE DISTRIBUTION 6
(a) Marital Residence 6
(b) Furnishings and Personalty 8
(c) Motor Vehicles 8
(d) Life Insurance 9
(e) Pension and Retirement Benefits 10
(f) Cash, Cash Accounts, Stocks and Investments 11
(g) Miscellaneous Property 12
(h) Property to Wife 12
(i) Property to Husband 12
Ij) Assumption of Encumbrances 13
(k) Liability Not Listed 13
(1) Indemnification of Wife 14
(m) Indemnification of Husband 14
(n) Warranty as to Future Obligations 14
6. ALIMONY 15
7. CUSTODY 15
8. CHILD SUPPORT 16
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TABLE or CONTINTI
(continued)
BlADING
9. COLLEGE SUPPORT
10. TAX RETURNS AND DEDUCTIONS
11. COUNSEL FEES, COSTS AND EXPENSES
12. WAIVER OF INHERITANCE RIGHTS
13. WAIVER OF BENEFICIARY DESIGNATION
14. RELEASE OF CLAIMS
15. PRESERVATION OF RECORDS
16. MODIFICATION
17. SEVERABILITY
18. BREACH
19. WAIVER OF BREACH
20. NOTICE
PAGS
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21. APPLICABLE LAW
22. DATE OF EXECUTION
23. EFFECTIVE DATE
24. EFFECT OF RECONCILIATION, COHABITATION
OR DIVORCE
25. HEADINGS NOT PART OF AGREEMENT
26. AGREEMENT BINDING ON PARTIES AND HEIRS
27. ENTIRE AGREEMENT
28. MUTUAL COOPERATION
29. AGREEMENT NOT TO BE MERGED
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MARITAL SBT'l'L&MJ:IIT AORBBMEIIT
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THIS AORBBMBHT, made this -, day of
by and between DIANA TARVIN of 1107 Apple Drive, 1st Floor East,
Mechanicsburg, Pennsylvania 17055, party of the first part,
hereinafter referred to as "Wife"
t1A(C~
AND
MICHAEL TARVIN of 140 Winfield Drive, Camp Hill, Pennsylvania
17011, party of the second part, hereinafter referred to as
"Husband" .
WITHBSSETH:
WHBREAS, Husband and Wife were married on August 9, 1986 in
Wellesley, Massachusetts; and
WHBREAS, three children were born of this marriage: Rebecca
Tarvin and Daniel Tarvin, both born May 30, 1989 and Meredith
Tarvin, born September 6, 1990; and
WHEREAS, Husband and Wife are residents of the Commonwealth of
Pennsylvania and have been so for at least the past six months; and
WHEREAS, certain differences have arisen between the parties
hereto which have made them desirous of living separate and apart
from one another; and
WHEREAS, Husband and wife desire to settle and determine
certain of their marital rights and obligations, and make an
equitable distribution of their marital property, determine their
rights to alimony and support; and any other matters which may be
considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to
set forth the respective rights and duties of the parties while
they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hero to have mutually entered into an
agreement for the division of their jointly owned assets, the
provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, and the parties now wish to
have that agreement reduced to writing.
HOW THEREFORE, the parties hereto in consideration of the
mutually made and to be kept promises set forth hereinafter and for
other good and valuable consideration, and intending to be legally
bound and to legally bind their heirs, successors, assigns, and
personal representatives, do hereby covenant, promise and agree as
follows:
1. ADVICE OF COUNSEL. The provisions of this Agreement and
their legal effect has been fully explained to wife by her counsel,
Jay R. Braderman, Esquire. Husband chooses not to retain an
attorney, but himself being an attorney, acknowledges an
understanding of this Agreement. Each party acknowledges that he
or she has received independent legal advice from counsel of his or
her &election, and that each fully understands the facts and has
been fully informed as to his or her legal rights and obligations,
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and each party acknowledges and accepts that this Agreement ia, in
the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, after having received such advice and
with such knowledge, and that the execution of this Agreement is
not the result of any duress or undue influence, and that it is not
the result of any improper or illegal agreement or agreements. In
addition, each party hereto acknowledges that he or she has been
fully advised by his or her respective attorney of the impact of
the Pennsylvania Divorce Code, whereby the Court has the right and
duty to determine all marital rights of the parties including
divorce, alimony, alimony pendente lite, equitable distribution of
all marital property or property owned or possessed individually by
the other, counsel fees and costs of litigation and, fully knowing
the same and being fully advised of his or her rights thereunder,
each party hereto still desires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are
fair, just and equitable to each of the parties, and waives his or
her respective right to have the Court of Conunon Pleas of Dauphin
County, or any other Court of competent jurisdiction, make any
determination or order affecting the respective parties' rights to
alimony, alimony pendente lite, support and maintenance, equitable
distribution, counsel fees and costs of litigation.
2. DISCLOSURE OF ASSETS. Each of the parties hereto
acknowledges that he or she is aware of his or her right to seek
discovery, in~luding but not limited to, written interrogatories,
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motions for production of documents, the taking of oral
depositions, the filing of inventories, and all other means of
discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of civil Procedure. Each of the parties further
acknowledges that he or she has discussed with counsel the concept
of marital property under Pennsylvania law and each is aware of his
or her right to have the real and/or personal property, estate and
assets, earnings and income of the other assessed or evaluated by
the Courts of the Commonwealth or any other Court of competent
jurisdiction. The parties do hereby acknowledge that there has
been full and fair disclosure to the other of his or her respective
income, assets and liabilities, whether such are held jointly or in
the name of one party alone. Each party agrees that any right to
further disclosure, valuation, enumeration or statement hereof in
this Agreement is hereby specifically waived, and the parties do
not wish to make or append hereto any further enumeration or
statement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair,
reasonable and equitable, and is satisfactory to them. Each of the
parties hereto further covenants and agrees for himself and herself
and his or her heirs, executors, administrators or assigns, that he
or she will never at any time hereafter sue the other party or his
or her heirs, executcrs, administrators or assigns in any action of
contention, direct or indirect, and allege therein that there was
a denial of any rights to full disclosure, or that there was any
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fraud, duress, undue influence or that there was a failure to have
available full, proper and independent representation by legal
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counsel.
3.
URSONAL RIGHTS.
Husband and Wife may, at all times
hereafter, live separate and apart. Each shall be free from all
control, restraint, interference and authority, direct or indirect,
by the other. Each may reside at such place or places as he or she
may select; provided. however, that the children shall continue to
attend schools in the Cuwherland Valley School District so long as
Husband maintains his residence within such District, and,
provided. further that, if Husband moves out of Cumberland County,
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Pennsylvania, and Wife maintains her residence in ouch County, then
the children shall attend schools in Wife's school district. Each
may, for his or her separate use or benefit, conduct, carryon or
engage in any business, occupation, profession or employment which
to him or her may Deem advisable.
Husband and Wife shall not
molest, harass, disturb or malign each other or the respective
families of each other, nor compel or attempt to compel the other
to cohabit or dwell by any means or in any manner whatsoever with
him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on
December 1, 1997, Wife initiated a divorce action under the no-
fault provisions of the Divorce Code in the cumberland County Court
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of Common Pleas docketed at No. 97-6621. It is the intention of
the parties, and the parties agree, that by this Agreement they
have resolved all ancillary economic issues related to their
divorce. The parties agree that upon the expiration of the ninety
(90) day waiting period provided for under Section 3301(c) of the
Divorce Code, each will sign an Affidavit of Consent to divorce and
Waiver of Notice of Intention to Request Entry of Divorce Decree
and deliver same to counsel for Wife, who shall promptly submit
said Affidavits and Waivers to the Court along with a Praecipe to
Transmit Record, Vital Statistics form and any and all documents
necessary to precipitate the prompt entry of a divorce decree.
5. EOUITABLE DISTRIBUTION.
(a) Marital Residence. The parties acknowledge that
they are the owners of that certain house and lot and all
improvements thereupon situated at 140 Winfield Drive, Camp Hill,
Cumberland County, Pennsylvania, 17011 (hereinafter referred to as
the "Marital Residence"). The parties agree as follows with
respect to the Marital Residence:
(1) On or before the execution of this Agreement,
Husband and Wife shall execute and deliver an appropriate deed to
be prepared by Husband in a form satisfactory to Wife, conveying to
Husband all of the parties' right, title, claim and interest in and
to the Marital Residence. Thereafter, except as specifically set
forth herein, Husband shall be the sole owner of the Marital
Residence and shall be entitled to record said deed and take any
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action with respect thereto that he deems appropriate.
(2) On or before April 1, 1999, Husband shall
request that Wife's name be removed from the existing first
mortgage and any other mortgage or home equity loan or line of
credit associated with the Marital Residence: Husband shall make
good faith efforts to have Wife's name removed from the existing
mortgage encumbering the Martial Residence, but shall not be
required to sell the Marital Residence or refinance such mortgage
other than on terms acceptable to Husband, in his sole discretion.
(3) Wife agrees that any and all homeowners
policies, title policies, and any other policy of insurance with
respect to the Marital Residence shall be deemed to be endorsed to
reflect Husband as sole owner thereof and she further agrees that
Husband ahall be entitled to receive any payments then or
thereafter due under any such insurance policy.
(4) Commencing on January 1, 199B, Husband shall be
solely responsible for all costs, expenses and liabilities
associated with or attributable to the Marital Residence,
regardless of when such cost or liability arose, including, but not
limited to, the existing first mortgage, any additional mortgages,
any and all home equity loans or lines of credit, taxes, insurance
premiums, utilities, maintenance and repairs, and Husband shall
keep Wife and her successors, assigns, heirs, executors and
administrators indemnified and held harmless from any liability,
cost or expense, including actual attorneys fees, which may be
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incurred in connection with such liabilities and expenses or
resulting from Wife's ownership interest in the Marital Residence.
(b) Furnishinqs and Personaltv, The parties agree that
they have divided by agreement between themselves all furnishings
and personalty located in the Marital Residence, including all
furniture, furnishings, antiques, jewelry, rugs, carpets, household
appliances and equipment. Any personalty or furnishings remaining
in the Marital Residence as of the execution date of this Agreement
shall be and remain Husband's sole and separate property, free of
any and all right, title, claim or interest of Wife. Any
personalty or furnishings now located in wife's current residence
as of the execution date of this Agreement shall be and remain
wife's sole and separate property, free of any and all right,
title, claim or interest of Husband.
(c) Motor Vehicles.
(1) Husband agrees that, on or before the execution
of this Agreement, Husband and Wife shall execute and deliver such
instruments transferring to Wife all of their right, title, claim
and interest in and to the 1993 Nissan Quest vehicle, along with
all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness
pertaining thereto and insurance thereon, free of any and all
right, title, claim or interest of Husband.
(2) wife agrees that Husband shall retain
possession of and receive as his sole and separate property, the
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1984 Honda Accord vehicle, along with all rights under any
insurance policies thereon and with responsibility for payment of
any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of
Wife.
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(d) Life Insurance.
Wife and Husband each hereby
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specifically releases and waives any and all right, title, claim or
interest that he or she may have in and to any and all policies of
insurance owned by the other including cash surrender value, if
any, and also specifically to include a waiver of any beneficiary
designation thereunder.
(1) Wife is the owner and beneficiary of term life
insurance policy no. 3378 (customer no. 424175) covering Husband's
life, issued by Reliance Standard Life Insurance Company and in the
face amount of $325,000 ("Wife'S Policy"). Husband is the owner
and beneficiary of term life insurance policy no. 3377 (history no.
424319) covering Wife's life, issued by reliance Standard Life
Insurance Company and in the face amount of $325,000 ("Husband'a
Policy"). wife will be entitled to remain the owner and beneficiary
of wife's Policy and, if Wife so elects, Husband will cooperate
with Wife to keep Wife's Policy in effect.
Husband will be
entitled to remain the owner and beneficiary of Husband's Policy
and, if Husband so elects, Wife will cooperato with Husband to keep
Husband's Policy in effect.
(2) During any period that Wife remains liable
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under the mortgage and related instruments encumbering the Marital
Residence, Husband will pay for (or, alternatively, will reimburse
Wife for the cost of) the premiums associated with the first
$205,000 of coverage under Wife's Policy. For example, if Wife
decides to maintain $325,000 of coverage under Wife's Policy, then
Husband will pay 63.08% and Wife will pay 36.92% of the premiums
thereunder. If Wife decides to maintain $205,000 of coverage under
Wife's Policy, then Husband will pay 100% of the premiums
thereunder. Husband will pay all dues for his membership in the
Philadelphia Bar Association to the extent necessary to keep Wife's
Policy in place. After Wife has been released from liability under
the mortgage and related instruments encumbering the Marital
Residence, Husband will have no further obligation to payor
reimburse Wife for life insuranoe premiums.
(e) Pension and Retirement Benefits. Except as set
forth hereunder, Wife and Husband each hereby specifically releases
and waives any and all right, title, claim or interest that he or
she may have in and to any and all retirement benefits (including
but not limited to pension or profit sharing benefits, deferred
compensation plans, 401 (k) plans, employee savings and thrift
plans, individual retirement accounts or other similar benefits of
the other party), specifically to include a waiver of any spousal
annuity benefits and/or beneficiary designations thereunder. The
parties agree that they shall execute any documents pursuant to the
Retirement Equity Act or any similar act that may be required from
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time to time to accomplish the purposes of this subparagraph. Upon
the issuance of a Divorce Decree, Husband agrees to transfer
(rollover) from his existing IRA account to Wife's IRA account, the
sum of $24,565.02.
f) Cash. Cash Account.. stocks and Investment..
(1) Prior to the execution of this Agreement,
Husband has paid to wife the amounts set forth on Exhibit "A" in
the aggregate amount of $31,171.00. Upon execution of the within
Agreement, Husband shall pay Wife the sum of $8,829.00. Other
monies already paid to Wife by Husband, such as child support and
spousal support shall not be considered as monies advanced to Wife
for purposes of reducing the balance of the $8,829.00 due Wife.
(2) Wife agrees that Husband shall retain as his
sole and separate property, free from any and all right, title,
claim or interest of Wife, any and all stocks, bonds, investments,
sums of cash in savings or checking accounts, mutual funds, stock
accounts, or any other assets of a similar nature which now are
titled in Husband's name alone including, specifically and without
limitation, Husband's shares of capital stock of Select Medical
Corporation.
(3) Husband agrees that Wife shall retain as her
sole and separate property, free from any and all right, title,
claim or interest of Husband, any and all stocks, bonds,
investments, sums of ca6h in savings or checking accounts, mutual
funds, stock accounts, or any other assets of a similar nature
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which now are titled in Wife's name alone.
(g) Miscellaneous Property. As of the execution date of
this Agreement, any and all property not specifically addressed
herein shall be owned by the party to whom the property is titled;
and if untitled, the party in possession. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of
any and all rights in such property from each to the other.
(h) Property to Wife. The parties agree that Wife
shall own, possess, and enjoy, free from any claim of Husband, the
property awarded to her by the terms of this Agreement. Husband
hereby quitclaims, assigns and conveys to Wife all such property,
and waives and relinquishes any and all rights thereto, together
with any insurance policies covering that property, and any escrow
accounts relating to that property. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of
any and all rights in such property from Husband to Wife.
(i) Property to Husband. The parties agree that
Husband shall own, possess, and enjoy, free from any claim of
Wife, the property awarded to him by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such
property, and waives and relinquishes any and all rights thereto,
together with any insurance policies covering that property, and
any escrow accounts relating to that property. This Agreement
shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Wife to Husband.
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(j) Assumption of Encumbrances.
( 1) Husband shall be solely responsible for any and
all liabilities in his name alone, specifically to include any and
all obligations to issuers of credit cards in his name alone. In
addition, Husband agrees that he will be solely responsible for
existing joint credit card debt of approximately $1,500.00 and
"furnace" credit card debt of about $4,000.00.
(2) E~cept as otherwise set forth in subparagraph
( 1) above, Wife shall be solely responsible for any and all
liabilities in her name alone, specifically to include any
obligations to issuers of credit cards in her name alone.
(3) Unless otherwise provided herein, each party
hereby assumes the debts, encumbrances, taxes and liens on all the
property each will hold subsequent to the effective date of this
Agreement. Each party agrees to indemnify and hold harmless the
other party and his or her property from any claim or liability
that the other party will suffer or may be required to pay because
of the debts, encumbrances or liens assumed by the other pursuant
to this Ag1'~.'ment.
(k) Liabilitv Not Listed. Each party represents and
warrants to the other that he or she has not incurred any debt,
obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A
liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred or may hereafter incur
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it, and such party agrees to pay it as the same shall become due,
and to indemnify and hold the other party and his or her property
harmless from any and all such debts, obligations and liabilities.
(1) Indemnification of Wife. If any claim, action or
proceeding is hereafter initiated seeking to hold wife liable for
the debts or obligations assumed by Husband under this Agreement,
Husband will, at his sole expense, defend wife against any such
claim, action or proceeding, whether or not well-founded, and
indemnify her and her property against any damages or loss
resulting therefrom, including,m but not limited to, costs of court
and actual attorney's fees incurred by Wife in connection
therewith.
(m) Indemnification of Husband. If any claim, action
or proceeding is hereafter initiated seeking to hold Husband liable
for the debts or obligations assumed by Wife under this Agreement,
Wife will, at her sole expense, defend Husband against any such
claim, action or proceeding, whether or not well-founded, and
indemnify him and his property against any damages or loss
resulting therefrom, including, but not limited to, costs of court
and actual attorney's fees incurred by Husband in connection
therewith.
(n) Warranty as to Future Obliqations. Husband and Wife
each represents and warrants to the other that he or she will not
at any time in the future incur or contract any debt, charge or
liability for which the other, the other's legal representatives,
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property or estate may be responsible. From the date of execution
of this Agreement, each party shall use only those credit cards and
accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which
provide for joint liability. Each party hereby agrees to
indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including
attorneys fees, incurred in the event of breach hereof.
6 . ALIMONY
Husband agrees to pay Wife the sum of $500.00 on the first day
of each month beginning on the month immediately subsequent to the
date of issuance of a Divorce Decree and ending on March 1, 1999.
Should Husband become delinquent in such payment, wife shall have
the option of registering thin Agreement for collection of funds
through the appropriate County Domestic Relations Office. Said
alilnony is non-modifiable and guaranteed and may only be cancelled
prior to the term of one year upon the death of either party. Said
payments are intended to qualify as an alimony payment as that term
is defined by the Internal Revenue Service Code and should be
deductible from the income of Husband and includable in the income
of wife on their respective applicable income tax returns.
7. CUSTODY. The parties shall share legal and physical
custody of their children. Physical custody with each parent will
be as the parties may agree. Shared legal custody will include
shared decision making with regard to the children's education,
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medical decisions and well being. Each parent is to keep the other
apprised of the children's physical and mental health iS8ues a.
they arise. Each parent is to enjoy equal access to all
educational and medical records and meetinge with teachere or
doctors.
8. CHILD SUPPORT. Husband agrees to pay child support to
Wife for the benefit of the parties' children, the sum of $1,000.00
per month. Husband shall make said child Rupport payment. directly
to wife unless and until he becomes more than 15 days in arrear.,
in which event said payments shall be made through the applicable
County Domestic Relations Office by way of a wage attachment I the
parties specifically authorizing the Court to enter an Ordillr
incorporating the terms hereof. The partles understand Ilnd agree
that provisions for child support are never final and as
circumstances change, including custody changes Ilnd income changes,
the amount of child support may be altered. '1'ho pacties agree to
pay for and be responsible for all the chlldrens' uninsured medical
costs in a ratio to their respective incomes.
9. COLLEGE SUPPORT. Both partios agree to contribute to
the undergraduate college costs and exponses of their children.
Costs and expenses are deemed to be room, board, tuition, books,
fees and transportation to and from college. Husband shall pay 75\
of such costs and Wife shall pay 25\ of such costs. It is
recognized, however, that Husband, because of his earnings. hilS set
aside funds for the childrens' college educations. These funds
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will be used before a claim, if any, for contribution is made under
this paragraph.
These funds will not diminish or increase the
percentage amount of each parties' contribution. Husband agrees to
provide to Wife within twenty (20) days after any request made by
Wife therefor, copies of account balances and investments set aside
for the childrens' college educations. Husband and Wife agree not
to invade, spend or diminish those accounts and investments until
they are actually utilized for the childrens' college educations.
10. TAX RETURNS AND DEDUCTIONS.
For 1997, the parties agree
to file joint federal and state income tax returns. Husband shall
be responsible for and pay 75% and Wife shall be responsible for
and pay 25% of any taxes due (beyond amounts withheld from their
paychecks), and Husband shall be solely responsible and pay for any
tax preparation fees, if any. Any federal tax refunds for the year
of 1997 shall be allocated 75% to Husband and 25% to Wife.
For 1998 and thereafter, the parties shall file separate
tax returns.
Husband shall cla.i.m Rebecca and Daniel Tarvin as
dependents and Wife shall claim Meredith Tarvin as a dependent.
Should the agreed shared custody of the children change, then the
parent who has primary physical custody or maintains custody of the
child or children 60% or more of time (as annualized), shall then
claim that child or children as dependents on his or her federal
income tax return.
11. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
solely responsible for his or her own legal fees, costs and
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expenses incurred in connection with their separation andlor the
dissolution of their marriage, and the preparation and execution of
this Agreement.
12. WAIVER OF INHERITANCE RIGHTS.
Unless
otherwise
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specifically provided in this Agreement, as of the execution date
of this Agreement, Husband and Wife eech waives all rights of
inheritance in the estate of the other, any right to elect to take
against the will or any trust of the other or in which the other
has an interest, and each of the partiea waives any additional
rights which said party has or may have by reason of their
marriage, except the rights saved or created by the terms of this
Agreement.
This waiver shall be construed generally and shall
include, but not be limited to, a waiver 0% all rights provided
under the laws of Pennsylvania, or any other jurisdiction, and
shall include all rights under the Pennsylvania Divorce Code.
13. WAIVER OF BENEFICIARY DESIGNATION. Unless
othsrwise
specifically set forth in tllia AIJrutlmtmt, each party hereto
specifically waives any and all beneficiary rights and any and all
rights as a surviving apouse in and to any asset, benefit or like
program carrying a beneficiary dss.lqnation which belongs to the
other party under the terms of this Agreement, including, but not
limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities,
stock accounts, bank accounts, final pay checks or any other post-
death distribution scheme, and each party expressly states that it
18
is his and her intention to revoke by the terms of this Agreement
any beneficiary designations naming the other which are in effect
as of the date of execution of this Agreement. If and in the event
the other party continues to be named as beneficiary and no
alternate beneficiary is otherwise designated, the beneficiary
shall be deemed to be the estate of the deceased party.
14. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the
property dispositions provided for herein constitute an equitable
distribution of their assets and liabilities pursuant to Section
3502 of the Divorce Code, and wife and Husband hereby waive any
right to division of their property except as provided for in this
Agreement. Furthermore, except as otherwise provided for in this
Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or
interest whatsoever he or she may have in property transferred to
the other party pursuant to this Agreement or identified in this
Agreement as belonging to the other party, and each party agrees
never to assert any claim to said property or proceeds in the
future. However, neither party is released or discharged from any
obligation under this Agreement or any instrument or document
executed pursuant to this Agreement. Husband and Wife shall
hereafter own and enjoy independently of any claim or right of the
other, all items of personal property, tangible or intangible,
acquired by him or her from the execution date of this Agreement
19
with full power in him or her to dispose of the same fully and
effectively for all purposes.
(b) Each party hereby absolutely and unconditionally
releases and forever discharges the other and the estate of the
other for all purposes from any and all rights and obligations
which either party may have or at any time hereafter has for past,
r
present or future support or maintenance, alimony pendente lite.
alimony, equitable distribution, counsel fees, costs, expenses, and
any other right or obligation, economic or otherwise, whether
"
i'
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,
~
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its provisions.
Neither party shall have any obligation to the
arising out of the marital relationship or otherwise, including all
rights and benefits under the Pennsylvania Divorce Code of 1980,
its supplements and amendments, as well as under any other law nf
any other jurisdiction, except and only except all rights and
obligations arising under his Agreement or for the breach of any of
other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party
hereby absolutely and unconditionally releases and forever
discharges
the other and 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 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
20
dower, curtesy, widow's or widower's rights, family exemption or
similar allowance, or under the intestate laws or the right to take
againllt 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 law of Pennsylvania, any state,
commonwealth or territory of the United States, or any other
country.
(d) Except for the obligations of the parties contained
in this Agreement and such rights as are expressly reserved harein,
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.
15. PRESERVATION OF RECORDS. Each party will keep and
preserve for a period of four (4) years from the date of their
divorce decree all financial records relating to the marital
estate, and each party will allow the other party access to those
records in the event of tax audits.
16. MODIFICATION. No modification, rescission, or amendment
to this Agreement shall be effective unless in writing signed by
each of the parties hereto.
17. SEVERABILITY. If any provision of this Agreement is held
by a court of competent jurisdiction to be void, invalid or
unenforceable, the remaining provisions hereof shall nevertheless
21
survive and continue in full force and effect without being
impaired or invalidated in any way.
18. BREACH.
If either party hereto breaches any provision
hereof, 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. The non-
breaching party shall be entitled to recover from the breaching
party all costs, expenses and legal fees actually incurred in the
enforcement of the rights of the non-breaching party.
19. WAIVER OF BREACH.
The waiver by one party of any breach
of this Agreement by the other party will not be deemed a waiver of
any other breach or any provision of this Agreemflnt.
20. NOTICE.
Any notice to be given under this Agreement by
either party to the other shall be in writing and may be effected
by registered or certified mail, return receipt requested. Notice
to Husband will be sufficient if made or addressed to the
following:
Michael Tarvin
140 Winfield Drive
Camp Hill, PA 17011
and to Wife, if made or addressed to the following:
Diana Tarvin
1107 Apple Drive
let Floor East
Mechanicsburg, PA 17055
Notice shall be deemed to have occurred upon the date received by
the recipient. Each party may change the address for notice to him
22
or her by giving notice of that change in accordance with the
provisions of this paragraph.
21. APPLICABLE LAW. All acts contemplated by this
Agreement shall be construed and enforced under the substantive law
of the Commonwealth of Pennsylvania (without regard to the conflict
of law rules applicable in Pennsylvania) in effect as of the date
of execution of this Agreement.
22. MTE OF EXECUTION. The "date of execution" or "execution
date" of this Agreement shall be defined as the date upon which the
parties signed the Agreement if they do so on the same date, or if
not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
23. EFFECTIVE DATE. This Agreement shall become effective
and binding upon both parties on the execution date.
24. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE.
This Agreement shall remain in full force and effect and shall not
be abrogated even if the parties effect a reconciliation, cohabit
as husband and wife or attempt to effect a reconciliation. This
Agreement also shall continue in full force and effect in the event
of the parties' divorce. There shall be no modification or waiver
of any of the terms hereof unless the parties in writing execute a
statement declaring this Agreement or any term of this Agreement to
be null and void.
25. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are
23
inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
26. AGREEMENT BINDING ON PARTIES AND HEIRS. This A9reement
shall bind the parties hereto and their respective heirs,
executors, administrators, legal representatives, assigns, and
successors in any interest of the parties.
27. ENTIRE AGREEMENT. Each party acknowledges that he or
she has carefully read this Agreement, including any and all
exhibits, or other documents to which it refers, such other
documents being incorporated herein by reference; that he or she
has discussed its provisions with an attorney of his or her own
choice, and has executed it voluntarily and in reliance upon his or
her own attorney; and that this instrument expresses the entire
agreement between the parties concerning the subjects it purports
to cover and supersedes any and all prior agreements between the
parties. This Agreement should be interpreted fairly and simply,
and not strictly for or against either of the parties.
28. MUTUAL COOPERATION. Each party shall, on demand, execute
and deliver to the other any deeds, bills of sale, assignments,
consent to change of beneficiary designations, tax returns, and
other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party
unreasonably fails on demand to comply with these provisions, that
24
party shall pay to the other party all attorney's fees, costs, and
other expenses actually incurred as a result of such failure.
29. AGREEMENT NOT TO BE MERGED.
This Agreement may be
incorporated into a decree of divorce for purposes of enforcement
only, but otherwise shall not be merged into said decree. The
parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any
remedies in law or in equity under this Agreement as an independent
contract.
Such remedies in law or equity are specifically not
waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and
seals on the dates of their acknowledgments.
~,.;(~PfiM~
MICHAEL TARVIN
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01 A TARVIN
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COMMONWE~LTH OF PENNSYLVANIAI
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COUNTY OF
BEFORE ME, the undersigned authority, on thi8 day per80nally
appsared MICHAEL TARVIN, known to me to be the person who executed
the foregoing instrument, and who acknowledged to me that he
executed the same for the purposes ami considerations therein
1'.1'
expres sed.
.~
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
/ II day of
I,hr,.h
, 1998.
.
if
Notary Publ1c n a for the
Commonwealth of pi nnsylvania
Typed or printed name of NotdrYI
(;~lId,ll, V 11,//
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My Commission Expires I 1/ II ,-c /
Nowtal Seal
Candllh V. HIM, Nola1y PltIIIC
Harrl8b\lrg. Dauphin County
My Cr.mmllsion E.pi<.. Nav, 19. 21001
26
COMMONWEALTH OF PENNSYLVANIA I
I
COUNTY OF /),('1)h", I
BEFORE ME, the undersigned authority, on this day personally
appeared DIANA TARVIN, known to me to be the person who executed
the foregoing instrument, and who acknowledged to me that she
executed the same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
/ '1 day of
(I'~I rr J_
, 1998.
. ~. .tlH )/
Notary Publ~c ~n an or the
Commonwealth of Pen sylvania
Typed or printed name of Notary I
,
(LVI,lllf ,-/j/I
My Commission Expiresl
Nolarlel Seal
Candilh Y. Hill. NoCary PuIlIlc
Harrisburg, Dauphin County
My COm.....ion Explr.. Nov. 19.2001
27
., .
EXII/8/r ~~
Amount! Pllld by lIu!bllnd lit Wire'! ReQue!t
De!erlption of Item Dllte Amount
Waterhouse Check 12/01/97 S4,676.3 I
Hechingers - Hammer and measuring tape 11/22/97 S 17.42
T J Maxx - pillows and other stuff for kids' new 11/22/97 S74.13
rooms, etc,
PA Bar Association (Diana to keep reimbursement 11/06/97 S195.00
check she received from DPW)
Carpet Mart 11122/97 S50.88
Carpet Mart I \122/97 SI,126.78
Office Max I 1/22/97 S77.21
Hechts (We compromised by including this charge 11/22/97 S157.16
for underwear. etc. and excluding a different
Hechts charge for S211.59 which included x-mas
and b-day gifts to Diana)
Horning's Furniture 12/10/97 S7,950.00
Montgomery Ward - Mattressos, etc. 12/04/97 S657.06
Montgomery Ward Credit - need to verify; no 12/97 S-31. 79
credit on the 12126/97 statement
JC Penney 12/19/97 S285.28
Jack Gaughn (Money Order) 11/24/97 S904.00
Jack Gaughn (Application Fee - Check No. 703) 11/17/97 S25.00
Jack Gaughn (Security Deposit - Check No. 704) 11/17/97 S695.00
Jay Braderman (Check No. 709) 11/19/97 S750.00
State Farm Insurance (Check No. 713) 11/24/97 S 132.00
Suburban Cable (Check No. 718) 11/29/97 S114.90
Ziegler's Antiques (Check No. 721) 11/29/97 S 1,335.81
Ziegler's Antiques (Check No. 722) 11/29/97 S500.00
Ziegler'G Antiques (Check No. 723) 11/29/97 S42.93
. '. .
. ., .
.. " .
Ziegler's Antiques (Check No. 761) 12/13/97 $212.11
Antique Depot (Check No. 762) 12/13/97 $47.49
Meadowview Antiques (Check No. 763) 12/13/97 $371.00
Country Gifts and Such (Check No. 771) 12/17/97 $901.00
Montgomery Ward - Sony 20" TV 11/29/97 $349.79
Fox Den Antique Center 12/20/97 $195.89
JC Penney 11/30/97 $128.77
Carpet Mart 12/18/97 $136.94
Hornings Credit for return of chairs - verified 12/97 $-1,288.96
Carpet Mart 12/02/97 $103.88
Carpet Mart Return - verified 12/97 $-51.94
Service Merchandise 12/03/97 $566.97
Service Merchandise Credit - verified 12/12/97 $-65.16
Ziegler's Antique Mall 11/29/97 $314.82
Old Shed Works 12/07/97 $85 \.13
Ziegler!s Antiquc Mall 11/29/97 $1,008.33
Fox Den Entcrpriscs 12/20/97 $1,537.00
Hechts 11/30/97 $317.88
Hechts Return - need to verify; no crcdit on the 11/30/97 $-10.60
12126/97 statemcnt
Missing DPW Chcck 11/28/97 $730.96
Montgomery Ward - Sony 13" TV and Toshiba 11 /29/97 $508.78
VCR
Montgomery Ward - Sony 27" TV 11 /29/97 $529.99
Montgomery Ward - GE MWO 1.3 whitc 11/29/97 $137.79
One half of transfer fees rclating to housc ($23.50) 12/17/97 $39.00
and Nissan Qucst ($54.50)
Leonard's 12/07/97 S84.80
FumitureLond South (MNMB check) 12/97 $1,839,04
MBNA Check Transaction Fee for Fumitureland 01/02/98 $10.00
South
Missing DPW Check 12/27/97 $976.15
Lancaster Mattress 12/01/97 $952.94
TOTAL
31170.87
c: lpersona1ldivorce .lst
...
DIANA TARVIN, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 97-6621
I
MICHAEL TARVIN, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
r
TO THE PROTHONOTARY I
Transmit the record, together with the following information,
to the Court for entry of a divorce decree:
1. Grounds for divorce I irretrievable breakdown under
Section 3301 (c) of the Divorce Code.
,
~
,
,
2. Date and manner of service of the Complaint: December
4, 1997, certified mail, return receipt requested.
3.
(a) Date
required by
Plaintiff:
1998.
of execution of the Affidavit of Consent
Section 3301 (c) of the Divorce Codel by the
March 19, 199R; by the Defendant: March 19,
4. Related claims pending: No claims are pending.
5. Indicate date and manner of service of the Notice of
Intention to file Praecipe to Transmit Record, and attach
a copy of said Notice under Section 3301 (c) or 3301
(d)(l) (i) of the Divorce Code; Plaintiff's Waiver
executed on March 19, 1998 and is being filed
simultaneously with this Praecipe; Defendant's Waiver
executed on March 19, 1998 and is being filed
simultaneously with this Praecipe.
Datel
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/ /
,
R~spectfully submitted,
LAW OFFICES OF JAY R. BRADERMAN
C- .
// 774, .~L-- ~
JA .' RADERMAN, ESQUIRE
l./"'-(26 Lo ust Street, P.O. Box 965
Harrisburg, PA 17108-0965
(717) 232-6600
Attorney for Plaintiff
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I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. q1- LotR;;! I C'..........:...C' T~l""
I
I CIVIL ACTION - LAW
I IN DIVORCE
DIANA TARVIN,
Plaintiff
MICHAEL TARVIN,
Defendant
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
irretrievable breakdown of the marriage, you
counseling. A list of marriage counselors
Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
Carlisle, PA 17013
is indignities or
may request marriage
is available in the
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPBRTY,
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 Hr.LP.
Court Administrator
Fourth Floor
Cumberland County Court House
Carlisle, PA 17013
Telephone No. 717-240-6200
AMERICANS WITH DISABILITIES ACT or 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities Act of 1990.
For information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the Court, please contact our office. All arrangements must
be made at least 72 hours prior to any hearing or business before
the Court. You must attend the scheduled conference or hearing.
S. There were three children born to this marriage, namely,
Rebecca and Daniel Tarvin, both born May 30, 1988, age 9 and
Meredith Tarvin, born September 6, 1990, age 7.
6. There have been no prior actions of divorce or for
annulment between the parties.
7. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
8. The Defendant is not a member of the Armed Services of
the united States or any of its allies.
9. The causes of action and sections of the Divorce Code
under which Plaintiff is proceeding arel
a. Section 3301(c). The marriage of the parties is
irretrievably broken. After ninety (90) days have elapsed
from the date of filing this Complaint, Plaintiff intende to
file an Affidavit consenting to a divorce. Plaintiff believes
that Defendant may also file such an Affidavit.
b. Section 3301(d). The marriage of the parties is
irretrievably broken. The Plaintiff and Defendant separated
on or about November 17, 1997.
2
WHEREFORE, Plaintiff requests your Honorable Court to enter a
Decree in Divorce, divorcing Plaintiff and Defendant.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 401 OF THE DIVORCE COOS
10. Plaintiff and Defendant have acquired property during
their marriage, which is subject to equitable distribution by this
Court.
11. Plaintiff and Defendant have been unable to agree as to
an equitable division of said property.
WHEREFORE, Plaintiff prays this Honorable Court to equitably
divide the property owned by the parties hereto.
COUNT III
CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE COOS
12. Plaintiff lacks sufficient property and income to provide
for her reasonable needs.
COUNT IV
CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES
UNDER SECTION 3702 OF THE DIVORCE CODE
13. Plaintiff does not have sufficient funds to support
herself and pay the counsel fees and expenses incidental to this
3
DIANA TARVIN,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO.
I
I CIVIL ACTION - LAW
I IN DIVORCE
v.
MICHAEL TARVIN,
Defendant
AFFIDAVIT
DIANA TARVIN, being duly sworn according to law, deposes
and saysl
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 prothonotary's Office, 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 understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
aa,(-:~/ ~/"
DIANA TARVIN
6
i;
DIANA TARVIN,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 97-6621
I
I CIVIL ACTION - LAW
I IN DIVORCE
Plaintiff
vs.
MICHAEL TARVIN,
Defendant
AFFIDAVIT OF CONSENT
I
,
~
I
F
1.
A Complaint in Divorce under Section 3301 (c) of the
Divorce Complaint was filed on December 1, 1997.
2. The marriage of Plaintiff and
~.
I
I
is
Defendant
irretrievably broken and ninety (90) days have elapsed from the
date of filing and service of the Complaint.
3. I consent to the entry of a final decree in 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.
""
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Date I
Q~u.~
DIANA TARVIN
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DIANA TARVIN, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. . NO. 97-6621
.
I
MICHAEL TARVIN, . CIVIL ACTION - LAW
.
Oefendant . IN DIVORCE
.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Oivorce
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. Section 4909 relating to
unsworn falsification to authorities.
Date:0rL./l'\ I~l
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DIANA TARVIN
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DIANA TARVIN,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COL1NTY, PENNSYLVANIA
Plaintiff
.
.
v.
: NO. 97-6621
I
I CIVIL ACTION - LAW
IN DIVORCE
MICHAEL TARVIN,
Defendant
WAIVER OF NOTICB OF INTBNTION TO REQUBST
BNTRY OF A DIVORCB DBCREB UNDBR
SECTION 3301 (c) OF THB DIVORCB 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. Section 4909 relating to
unaworn f~lsification to authorities.
Date:
H/;,d I~ /99S'
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MICHAEL TARVIN
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IIN THE COURT OF COMMON PLEAS
ICUMBERLAND COUNTY, PENNSYLVANIA
I
INO. 97-6621
I
ICIVIL ACTION - LAW
I IN DIVORCE
DIANA TARVIN,
Plaintiff
MICHAEL TARVIN,
Defendant
CERTIPICATION OP SERVICE
I
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t
I
I
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,
AND NOW, this ~ day of March, 1998, I, Jay R. Braderman,
Esquire, hereby certify that Defendant, Michael Tarvin, was served
with the Complaint in Divorce by mailing a true and correct copy by
United States certified mail, postage pre-paid, as evidenced by the
certified mail return receipt card, attached as "Exhibit A", to the
address listed below;
Michael Tarvin
140 Winfield Drive
Camp Hill, PA 17011
Datel
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ESQUIRE
17108-0965
ATTORNEY FOR PLAINTIFF
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