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HomeMy WebLinkAbout03-0344JEAN M. DAVISON, VS. SCOTT A. DAVISON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 5 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 Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JEAN M. DAVISON, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ~.~ ~ ~ ~ SCOTT A. DAVISON, Defendant · CIVIL ACTION-LAW · DIVORCE COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Jean M. Davison, by her attorneys, Purcell, Krug & Hailer, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Jean M. Davison, an adult individual whose current address is 1106 Yverdon Drive, B-7, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Scott A. Davison, an adult individual whose current address is 485 Paddletown Road, Etters, York County, Pennsylvania 17319. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 28, 1992, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are two children of the parties under the age of 18: Sabrina L. Davison, born May 16, 1993 and Katrina L. Davison, born March 15, 1997. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The Social Security Number of the Plaintiff is 183-50-9282 and the Social Security Number of the Defendant is 196-52-8173. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: Dated: PURCELL, KRUG & HALLER By ~orth Front Street Harrisburg, PA 17102 (717)234-4178 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: n M. Davison JEAN M. DAVISON, Plainitff VS. SCOT~ A. DAVISON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · : CIVIL ACTION-LAW :IN DIVORCE NOTICE TO THE DEFENDANT: If you wish to deny any of the statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated September 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 falsification to authorities. Date: /'- ~/~' (::23 an~ M. Davison JEAN M. DAVISON, Plaintiff VS. SCOTT A. DAVISON, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-344 Civil CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN I, Carol Masich, secretary to, John W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 23~d day of January, 2003, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights to Scott A. Davison, the Defendant in the above action. The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". Sworn and subscribed to before me this bm day of ~-~A~/ , 2003. t / Notary Public ' Carol Masich Secretary to John W. Purcell, Jr. fNOTARIAL SEAL ~ A, ~1, ~ p~ ,My ~ Expires March 17, 2003 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:__ A. Signatu~re [] Agent B. Received by (Printed Name) Date of Delivery is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] 1~,~1 2. Article Number PS Form 3811, August 2001 Domestic Return Receipt I~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insure._____.~d Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 102595~02-M-0835 r-1 ~ Certified Fee r~- [ Return Receipt Fee ru (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Exhibit "^" JEAN M. DAVlSON, Plaintiff VS. SCOTT A. DAVISON, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-344 Civil CIVIL ACTION-LAW IN DIVORCE AMENDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN I, Carol Masich, secretary to, John W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 23rd day of January, 2003, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights and Plaintiff's Affidavit under Section 3301(d) of the Divorce Code to Scott A. Davison, the Defendant in the above action. The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". Carol Masich Secretary to John W. Purcell, Jr. Sworn and subscribed to before me this /()r4day of ~g/~£U/~£~ ,2003. ~(~tary Publi~ / NOTARIAL SEAL C_,omrnteelon Expires Mamfl 17, 2003 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signatu.re X ,, .~..-~'1 [] Agent B. Received by (Printed Name) C. Date of Delivery D. Is delive~ address different from item 1 ? ~ Yes If YES, enter delive~ address below: 3. Service Type [~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. ' 4. Restricted Delivery? (Extra Fee) ~ Yes 2. Article Number (Transfer from service label) (~,%%'" ,.,~ ~ , PS Form 3811, August 2001 Domestic Return Receipt 102595-02M-0835 ~- Post;~ee r'=l , Certified ~ Return Receipt Fee rg (Er~dorsement Required) Restricted Dellvew Fee (Endorsement Required) Total Postage & ' ~ Box No Exhibit "A" JEAN M. DAVISON, VS. SCOTT A. DAVISON, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-344 CIVIL · CIVIL ACTION-LAW · IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREi- TO: SCOTT A. DAVISON, DEFENDANT You have been sued in an action for Divorce. You have failed to answer the Complaint or file a Counteraffidavit to the Plaintiffs Affidavit. Therefore, on or after APRIL 3, 2003, the Plaintiff can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a Counteraffidavit by the above date, the Court can enter a final Decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the Divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JEAN M. DAVISON, VS. SCOq'r A. DAVISON, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-344 CIVIL · CIVIL ACTION-LAW · IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER ,SECTION 3301(d) OF TgP.. DIVORCE CODF, 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (Check (i), (ii) or both): ~ (i) The parties to this action have not lived separate and apart for a period of at least ? two years. ~ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~ (a) I do not wish to make any claims for economic relief. 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. .. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counteraffidavit 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 unswom falsification to authorities. Date: Defendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you need not file this Counteraffidavit. JEAN M. DAVISON, Plaintiff VS. SCOTT A. DAVISON, 'Defendant : IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-344 ; ; : CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPE~RA~._C_.E TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant:, Scott A. Davison, in the above- referenced matter. DATE: July 14, 2004 Respectfully submitted, xane S. B~:er, Esquire - Supreme Com't ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 JEAN M. DAVISON, VS. SCOTT A. DAVISON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-344 CIVIL : : CIVIL ACTION-LAW : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ~(a) I do not oppose the entw of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. __. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. ~//(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counteraffidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Defendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you need not file this Counteraffidavit. SEPARATION' AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this q~x _ day of _~- ,2004, by and between Jean M. Davison, hereinafter referred to as "Wife", and Scett A. Davison, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully mantled on August 28, 1992; and WHEREAS, two children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated in September 2000 and now live separate aud apart from one another, and are demrous therefore, of entenng into an Agreement which wiJ~ dmtribute their marital property m a mariner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and ~ArHEREAS, the parties hereto, after being properly advised by their respective counsel, Wife by her attorney, John W. Purcen, Jr. and Husband by his attorney Diane Sommers Banker, have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: Separation and Property Settlement A~'eement between Jean M. Dav~on and Scott A. Davison ~ 1. Separation. It shall be lawflfl for each patay at all times hereafter to live separate and apart from the other patay at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmatTied, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indenmify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liabihty for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The pa~ies acknowledge and agree that they have no outstanding debts and obligations incurred prior to the sigm[ng of this Agreement, except as follows: None In the event that either patay contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such patay shall indemnify, defend and hold the other patay harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property m a manner which conforms to the criteria set forth in §3501 ~_~Varation and ~ Settlement A~greement between Jean M. Dav~son and Scott A. Davison ~ et. seq. of the Pennsylvania Divorce Code and talcing into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and second marriage for Wife; the age, health, station, amount: and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earrhng power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, inchiding the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the paroles to constitute in any way a sale or exchange of assets, and the division of same being effected without the mtroduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction ,of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate Owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an ass, ignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto· The parties hereto have divided between themselw.~s, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either patay, which are now in the possession and/or under the control of the other· Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of Separation and P~pe__~_e._e._e._e.~ Settlement A.~qreement between Jean M. Davison and Scott A. Davison either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of OWnership, such as passbook, checkbook, policy or certificate of insurance or other similar w~iting is in the possession or control of the party. Husband and Wife shail each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have aveo*~ ....... - ~* v. ~mgen~ right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both pamies shali have complete freedom of disposition as to their separate property and any property which is in their possession or control, Pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of proper~y. B. Distribution of Real Estate. Wife shall transfer to Husband concurrent with the execution of this Agreement, all of her interest in and title to their jointly Owned real estate at 485 Paddietown Road, Etters, York County Pennsylvania in exchange for which Husband agrees to be solely responsible for the mortgage obhgation, payment of all current and future taxes, insurance and utility bills relative to said real estate, and further agrees to refinance said mortgage obhgation upon receipt of the deed from Wife, thereby removing Wife from anyliability for the same. Husband covenants and agrees to pay and discharge said obligations on said premises, and agrees to indemnify Wife from any loss by reason of his default in the payment thereof, and agrees to save Wife harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against her by virtue of his default. 7. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and Se____~ation and Prope~y Settlement A~'eement between Jean M. Davison and Scott A. Davison ~ satisfactory to them, and are accepted by them in lieu of ~d in full and final settlement and satmfactlon of any clamas or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife f~a~her, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall inderm-~fy, defend and hold the other hanr~.less against any future action for either support or alimony brought by or on behalf of the otlher, such indemnity to include the actual counsel fees of the defendant in any such future action. 8. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the pamies. Each party shall be responsible for his or her own counsel fees, and each agrees to indemmify, defend and save the other harmless from any action commenced against the other for a~mony pendente lite, counsel fees and/or expenses. 9. Divorce. A Complaint in Divorce will be filed in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be, free to proceed without further delay to secure the divorce. Both parties shall sign an Affidavit evidencing their consent to the divorce, Pursuant to §3301 (c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from a~]y and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equit~hble action may be brought to compel him or her to execute a Consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 10. Time of DistriBution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties Separation and Property Settlement Allre~_m~_.t between Jean M Davison and Scott A. Davison Page g immediately upon the execution of this Agreement. A~ spousal support and other such Obhgations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under §3301(c) or §3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific Performance. However, upon refusal to consent, all distributed property shall be · . the time of final Decree. returned to the parW originally in possession, until 11. Release. Subiect to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, admimstrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and f~om all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each par~y also waives his or her right to request marital counseling, pursuant to §3302 of the Divorce Code. 12. Waivers of Claims Against Estates. Except as iherein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, ~LUd any right existing now or in the future under the Pennsylvania Divorce Code, as amended from t~me to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Separation and Pro?~__~_Settlement A~eement between Jean M. Davison and Scott A. Davison ~ 13. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 14. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award o:¢ iudgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 15. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, ahmony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence Over same, remaining the prirnary obligation of each party. This Agreement shaft remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 16. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 18. Entire Agreement. This Agreement contains t]be entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and Se_~ation and Pro~_~_Settlement A__greement between Jean M. Davison and Scott A Davison ~ separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have . or hereafter have agamst the other for equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a Court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisio~s of this Agreement. 19. Modificat/on ~nd W~iver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. Intent. It is the intent of the parties by thi:~ Agreement to fully and finally foreclose any resort to the Courts for relief on the basis of cay statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Permsylvania, including but not bruited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a ma,-ital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Permsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 21. Voluntar~ Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respecl~ive counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any Separation and Pro?_~[Settlement A~__greement between Jean M. Davison and Scott A. Dav/son ~ duress or undue influence. The parties acknowledge that they have been furnished with all ir~formation relating to the financial affairs of the other wkdch has been requested by each of them or by their respective counsel. 22. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. Agreement Binding on Heirm. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 24. Reconciliation. Notwithstanding a reconciliation between the paroles, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. · ~u M. Davison ~ott A. Dav~son JEAN M. DAVISON, Plaintiff VS. SCOTT A. DAVISON, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-344 CIVIL CIVIL ACTION-LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on January 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree· ~je)n M. Davison WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF TIlE 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 and Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~- '~O -O L~ ( J~an M. Davison JEAN M. DAVISON, Plaintiff VS, SCOTT A. DAVISON, Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-344 CIVIL : CIVIL ACTION-LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 33(;)1(c) of the divorce Code was filed on January 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. Scott A. Davison WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 and Waiver are true and correct. I understand that false statements herein alre made subject to the penalties of 48 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Scott A. Davison JEAN M. DAVISON, Plaintiff VS. SCOTt A. DAVISON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-344 CIVIL. : CIVIL ACTION-LAW : IN DIVORCE pRAECIPE TO TRANSMIT RECORD 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 Section (x) 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Februm:y 3,2003 by Certified Mail 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: September 10, 2004 by Defendant: September 9, 2004 (b) (1) Date of execution of the plaintiffs Affidavit rec~Mred by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiffs Affidavit upon. the Defendant: 4. Related claims pending: No economic claims have been raised. 5. (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached: (b) Date of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: /~ Filed contemporaneously h~~~ /~URCELL, JR. ESQ. 1NTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. JEAN M. DAVISON, Plaintiff VERSUS SCOTT A. DAVISON, Defendant NO. 03-344 CIVIL DECREE IN AND NOW, DIVORCE 2004 it IS ORDERED AND DECREED THAT Jean M. Davison , PLAINTIFF, AND Scott A.Davison , 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; The terms of the Separation and Property Settlement Agreement between the parties dated September 9, 2004 is hereby incorporated as if set forth at final D ~cree between the parties. length but shall not merge in the cDo~ BY Th Et ATTEST;~~ J'  PROTHONOTARY +~+ + ' ~-+ + + + + ++ + ++~ ++ + + + + ++