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HomeMy WebLinkAbout03-0504fi\dlv\lincludeagrm~tord SUSAN L. HOPE, Plaintiff RICHARD HOPE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-504 CIVIL TERM : CIVIL ACTION - DIVORCE ORDER AND NOW, this ~ day of property settlement agreement between 2004, and attached hereto is hereby Divorce. the parties dated January 12, incorporated into the Decree in BY THE COURT: fl\divk!includeagreement SUSAN L. HOPE, Plaintiff Vo RICHARD M. HOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-504 CIVIL TERM CIVIL ACTION - IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE Susan L. Hope, plaintiff STONE LaFAVER & SHEKLETSKI, moves rate the attached agreement dated Divorce. in the above action, by her attorneys, that your Honorable Court incorpo- January 12, 2004, into the Decree in STONE LaFAVER & SHEKLETSKI Bye. Atto/:~e~ys~for~~J~Plaintiff I ' flkagmkHOPEsusan AGREEMENT THIS AGREEMENT, made this /~/1_ day of by and between SUSAN L. HOPE, of 106 East Keller Street, Mechanicsburg, to as "Wife"), Lancaster County, band" ); , 2004, Cumberland County, Pennsylvania, (hereinafter referred and RICHARD H. HOPE, of 197 Mortar Lane, Ephrata, Pennsylvania, (hereinafter referred to as "Hus- W I T N E S S E T H: WHEREAS, and WHEREAS, two Husband and Wife were lawfully married on June 8, 1991, (2) children have been born of this marriage, KATELYNN ELIZABETH HOPE, born on April 20, born on November 30, 1997; and WHEREAS, diverse unhappy differences, have arisen between the parties and it is 1996, and JOSHUA LADD HOPE, disputes and difficulties the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: -1- the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one respective estates. NOW THEREFORE, promises, covenants other good and valuable acknowledged by each of against the other or against their in consideration of the premises and of the mutual and undertakings hereinafter set forth and for consideration, receipt of which is hereby the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. --2-- by the and at Preparation of Agreement. This agreement has been prepared attorney for the Wife. Said attorney at the commencement of, all stages during, the negotiation of this agreement informed the Husband that he has acted solely as counsel for the Wife and has not advised or represented the Husband in any manner whatsoever. The Husband at the commencement of, and at all stages during, the nego- tiation of this agreement has been told by said attorney that the Husband should be represented by his own counsel, but at all times he has refused to do so. The Husband has read this agreement carefully and thoroughly, fully understands each of its provisions, and there- fore signs it freely and voluntarily. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Personal Rights. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party attempt to endeavor to molest the other, nor cohabit with the other, shall molest the other or compel the other to or in any way harass or malign the other, nor --3-- in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do parties at any time which might adversely against the other party. 5. Freedom from Interference. or say anything to the children of the in any way influence the children Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the endeavor to molest the other, nor compel the other other or attempt to to cohabit with the other, or nor in any way interfere with apart from the other. 6. Release of Claims. remise, estate in any way harass or malign the other, the peaceful existence, separate and Wife and Husband each do hereby mutually release, quit-claim and forever discharge the other and the of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by --4-- way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect all property of any kind or nature, real, personal or mixed, other now owns or may hereafter acquire, except and only except all to any and which the rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. -5- 7. Warranty as to Future Obligations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, includ- ing those for necessities. 8. Assumption of Liabilities. This provision sets forth the method ~or the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 9. Assumption of Debts. Husband assumes and agrees to pay and hold the Wife harmless against the following debts and obligations listed on Exhibits "A", "B", and "C" under the terms set forth on Exhibits "A", once herein. Wife harmless against any and all debts and obligations with Weber Vision Care, its successors and/or assigns. "B" and "C" attached hereto and incorporated by refer- Further, Husband assumes and agrees to pay and hold the associated If any claim, action or proceeding is hereafter brought liable on account his sole expense, seeking to hold the Wife of such debts or obligations, the Husband will, at defend the Wife against any such claim, action or proceeding, whether or not well founded, and hold Wife harmless from and against ing. 10. Warranty as to Future Obligations. and Husband will indemnify such claim, action or proceed- Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate party agrees to indemnify against all future obligations of every kind incurred by them, ing those for necessities. 11. Personal Property. of the other party, will be liable. Each or hold the other party harmless from and includ- Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon --7-- whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 12. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 13. Automobile to Husband. The Husband shall be free and clear from any claim on the part of the Wife, Honda Accord. 14. Automobile to Wife. from any claim on the part of 15. Pension/Retirement. and all interest which they may have in the any and all retirement the sole owner, of the 2000 The Wife shall the use, free and clear the Husband, of the 1999 Honda CRV. Husband and Wife do hereby waive any accounts of the other. 16. ProDertv Not Provided For. they have, by the satisfaction, all The parties hereto agree that terms of this agreement, settled, to their mutual rights that either may have in their property, whether owned by them jointly or separately, wheresoever situated. this agreement, which control or possess, shall be and remain his or her property, clear from any claim on the part of the other. real and personal, and Any property not specifically provided for in the Husband or Wife owns or has the right to free and -8- 17. Waiver of Alimony. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves suffi- cient financial resources to provide for their comfort, maintenance and support in the station of life in which they and Husband do hereby waive, release and give up respectively have against the other for alimony, pendente lite or maintenance. It shall be from the date of this are accustomed. Wife any rights they may support, alimony child support in the amount ($1,040.00) Dollars payable on the shall commence at the execution of 19. continue policy Medical Insurance/Dental and Orthodontic. Husband shall to provide medical insurance for the children and Wife with a containing minimum provisions as would be covered by a standard Blue Cross obligation Wife shall - Blue Shield policy, provided, however, that Husband's to provide the herein above medical insurance coverage for continue only until January, 2005.. Husband also agrees to -9-- agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 18. Child Support. Husband agrees to pay to Wife for the use and benefit of the children and herself, of One Thousand Forty and 00/100 1st of each month, which payments this agreement. Either party reserves the right to petition for support for the minor children through the Court of Common Pleas of Cumberland County, Pennsylvania. be solely obligated to pay for any uninsured or extraordinary medical expenses for the children and Wife. Further, Husband shall be solely responsible for payment of all dental and orthodontic coverage, treatment and procedures for the children. 20. Life Insurance. Husband shall continue pay all premiums necessary to maintain in full force and effect the life insurance policies currently in place with New York Life Insurance ($250,000.00 death benefit should Husband die and $75,000.00 death benefit should Wife die) and NE Finance ($25,000.00 on each child) until such time as the parties youngest child attains age eighteen. The death benefits payable under the $250,000.00 New York Life Insurance policy shall be paid as follows: $50,000.00 in trust for Katelynn Elizabeth Hope $50,000.00 in trust for Joshua Ladd Hope $75,000.00 to Susan L. Hope until Joshua Ladd Hope turns 18 $75,000.00 as directed by Husband The death benefits payable under the $75,000.00 New York Life Insurance policy shall be paid as follows: $25,000.00 in trust $25,000.00 in trust $25,000.00 tp Richard L. for Katelynn Elizabeth Hope for Joshua Ladd Hope Hope -10- Husband and Wife in equal shares, or the survivor of them, shall be listed as the Primary Beneficiaries on the NE Finance policies. Husband and Wife agree to cooperate to prepare and file with the applicable insurance companies, any and all forms, including but not limited to beneficiary designation forms, directing payment of death benefits under such policies as herein above provided. Further, Wife with evidence of continuation of such herein above provided on no less than an annual Husband shall provide insurance policies as basis. 21. Dependencv Exemptions. Wife shall be entitled to claim the dependency exemptions for KATELYNN ELIZABETH HOPE and JOSHUA LADD HOPE for federal, state and local income tax purposes. 22. Custody. Wife and Husband shall have joint legal custody of Katelynn Elizabeth Hope and Joshua Ladd Hope and Husband shall have partial physical custody of Katelynn Elizabeth Hope and Joshua Ladd Hope as follows: A. Every other weekend cou~mencing Friday at 7:00 p.m. and concluding on Sunday at 7:00 p.m. B. A period of one week during summer vacation. C. Such other times as the parties may agree. The parties agree that the provisions set forth for custody may be modified by agreement of the parties or by order of Court. -11- 23. Enforcement. proceeding to enforce decree or order made by a court the divorce of the parties, the prevailing party reasonable attorney's fees from other party. 24. Informed and Voluntary Execution. If either party shall bring an action or other this agreement, or to enforce any judgment, in connection with this agreement or shall be entitled to Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relat- ing to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into the advice of independent coercion or duress of any C. Has given this agreement. D. Has carefully this agreement voluntarily after receiving counsel, free from fraud, undue influence, kind. careful and mature thought to the making of read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 25. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient carry out the intents and purposes of this agreement. -12- to 26. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce- able, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 27. Reconciliation. If there parties after the date of execution shall nevertheless continue in full abrogated by another written instrument of the parties hereto. 28 Future Earnings. Ail income, should be a reconciliation of the of this agreement, this agreement [orce until it is modified or to that effect signed by each earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 29. Waiver of Rights. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully -13- settle ail claims agreement. of a Decree 30. which they have with respect te each other in this Each of the parties further agree te consent to the entry in Divorce. Waiver of Breach. The waiver of any term, condition, clause or provision of a waiver of agreement. 31. provision this agreement shall in no way be deemed or considered any other term, condition, clause or provision of this Survival of AGreement. If any term, condition, clause or of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 32. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. -14- 33. Agreement Binding on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses of the parties hereto and their respective heirs, executors and assigns. 34. Divorce. Husband and Wife agree, ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered and provisions administrators, upon the expiration of the pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 35. Headings. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. SUSAN L. RICHARD M. HOPE {SEAL) {SEAL) -15- ASSUMPTION OF DEBTS EXHIBIT WIFE' S ACCOUNTS Total Mo. Pavment Texaco #5035517662 MBNA #5490993784607113 Target #4352378364404042 Capital One #5291492085400287 Providian #4185647656252498 $1,792.75 $6,649.00 $8,461.74 $8,294.55 $7,316.11 $ 50.00 $130.00 $144.00 $150.00 $180.00 EXHIBIT '~B" HUSBAND' S ACCOUNTS MBNA AHFC (car) SLSC (husband-student loan) Penn Security (husband-student loan) $30,000.00 $12,000.00 $10,000.00 $17,000.00 $500.00 $260.00 $130.00 $7s8.00 EXHIBIT ~C" Pennsylvania State Bank $15,000.00 $1040.00 The balances listed above are approximate. Husband agrees and assumes full responsibility for payment of the debts listed on Exhibit nB" above. Husband will continue to make minimum monthly payments due on the debts listed under Exhibit "A" above until January, 2009, or until the balances due under such accounts are paid in full, whichever first occurs. Husband agrees and assumes sole responsibility for payment of the debt listed on Exhibit ~C" above. Husband agrees, upon the payment in full of the debt listed under Exhibit ~C", to give Wife an extra $300.00 per month to be used by Wife to reduce the balances due for the accounts listed under Exhibit ~A", such additional monthly $300.00 payments to continue until January, 2003, or until the balances due under such accounts are paid in full, whichever first occurs. SUSAN L. HOPE RInD M. HOPE flkdivk!consentaffidavit SUSAN L. HOPE, : Plaintiff : RICHARD M. HOPE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-504 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on February3, 2003, and served February 6, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. Date SUSAN L. HOPE, Plaintiff SUSAN L. HOPE, Plaintiff RICHARD M. HOPE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-504 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE ~NDER § 3301(c) OF THE DIVORCE CODE notice. 2. division of property, lawyer's before a divorce is granted. 3. I understand that I decree I consent to the entry of a final decree of divorce without I understand that I may lose rights concerning alimony, fees or expenses if I do not claim them is entered by the Court and that a copy of sent to me immediately after it is filed with the I verify that the statements made in this affidavit are true correct. I understand that false statements herein are made subject will not be divorced until a divorce the decree will be Prothonotary. and SUSAN L. aintiff Date to the penalties of 18 tion to authorities. Pa. C.S. ~ 4904 relating to unsworn falsifica- flkdiv\lco~$entaffidavit SUSAN L. HOPE, Vo RICHARD M. Plaintiff HOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-504 CIVIL TERM : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT was filed on February3, 2003, and served February 6, 2. The marriage of plaintiff and defendant is broken and ninety (90) days have elapsed from the complaint and service of the complaint. 3. I consent to the entry of a final decree A complaint in divorce under § 3301(c) of the Divorce Code 2003. irretrievably date of filing the of divorce after service of notice of intention to request entry 4. division 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 Pa. C.S. § 4904 relating to unsworn falsifica- of the decree. I understand that I may lose rights concerning alimony, of property, lawyer's fees or expenses if I do not claim them Date RICED M. HOPE, Defendant to the penalties of 18 tion to authorities. flkdiv~lwaivernotice SUSAN L. HOPE, : IN THE COURT OF COHHON PLEAS OF Plaintiff : CUHBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-504 CIVIL TERM RICHARD H. HOPE, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE notice. 2. division I consent to the entry of a final decree of divorce without I understand that I may lose rights concerning alimony, of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I decree is entered by the Court and that a copy of sent to me immediately after it is filed with the I verify that the correct. I understand to the penalties of 18 tion to authorities. ~ate will not be divorced until a divorce the decree will be Prothonotary. statements made in this affidavit are true and that false statements herein are made subject Pa. C.S. 6 4904 relating to unsworn falsifica- RICHAR~M. HOPE, Defendant SUSAN L. HOPE, Plaintiff V$o RICHARD M. HOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 03-504 CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) lR~x~k~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: February 6, 2003, Certified Mail, Restricted Delivery, postage prepaid. 3. Complete either paragraph (a) or (b}. (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff JANUARY 12, 2004 : by defendant JANUARY 8, 2004 (b)(1) Date of execution Of the affidavit required by ~3301{d) of the Divorce Code: .; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: _ 4. Related claims pending: NO CLATMS RAISED 5. Complete either (a) or (b). (a} Date and manner of sez-vice of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notic~ in filed with the Prothonotary: /~~ Date defendant's Waiver ~f Notice in filed with the Prothonotary: / /~ S3301(c} Divorce was ~3301(c) Divorce was IN THE COURT OF COMMON PLEAS SUSAN L. HOPE, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. N O. 03-504 VERSUS RICHARD M. HOPE, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND SUSAN L. HOPE RICHARD M. HOPE IT IS ORDERED AND , PLAINTIFF, , 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; BY THE COURT: ~ AT(~T/~'~ ~/ j. {~~ PROTHONOTARY SUSAN L. HOPE, RICHARD M. HOPE, : IN THE COURT OF COMMON PLEAS OF Plaintif~Ck~.~f~j~.~: CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. ©J- CIVIL ACTION - LAW IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1701R Telephone: (717) 249-3166 fl\div\HOPEcomplaint SUSAN L. HOPE, Plaintiff V. RICHARD M. HOPE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is Susan L. Hope, an adult individual, who currently resides at 106 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant in this action is Richard M. Hope, an adult individual, who currently resides at 197 Mortar Lane, Ephrata, Lebanon County, Pennsylvania 17523 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6 months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on June 8, 1991, in York, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that two children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. I verify that the statements made in this cemplaint are true and cerrect. I understand that false statements herein are made subject to the penalties ef 18 P.C.S. ~4904, relating to unsworn falsification te autherities. SUSAN L. HOPE Date: 'GERALD ~EKLETSKI Supreme Court ID #40486 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff -2- fl\div\lmailsrv.aff SUSAN L. HOPE, Plaintiff RICHARD M. HOPE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-504 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, Gerald J. Shekletski, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Richard M. Hope, at 197 Mortar Lane, Ephrata, PA 17522, by United States Certi- fied Mail, postage prepaid, restricted delivery, on February 6, 2003, as evidenced by the attached Certified Ma~rn receipts. , Attorney at Law SWORN TO AND SUBSq~IBED before me this ~ day of , 2oo . N~y P~bi[c NOTARIAL SEAL KAYE R. LUCKEY, Nola,7 Public New Cm~lberland Bom. Cumberland Co. [~.lL~,Co,'nmlssion Expires Marcl127, 2005