HomeMy WebLinkAbout98-03310
. .
,
'..
~
'-
:)
\l
~
\J
~
~
~~'\'
;) ,
\.l
c::)
~ \
/
~/
/
(
~
J
:;)
"',
l'r),
4Y)
, '
.6-
~
... .T.
I'ROI)ERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 2nd day of May , 2000, by and
between MICHAEL T. McDEVI1T, hereinafter called "Husband", and SUSAN A. McDEVIIT,
hereinafter called "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally married on October 15, 1983;
WHEREAS, three (3) children were born of this marriage: Melissa M. McDevitt, born July,
9,1984; Matthew J. McDevitt, born June 25, 1986; and Kathryn R. McDevitt, born August 14,
1992;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and detennine their rights and obligations.
NOW THEREFORE, in consideration of the premises lUld covenants contained herein, it is
agreed by and between the parties hereto that:
1. SEPARATION.
It shall be lawful for each party at all times hereafter to live separate and apart from each
other at such placc as he or she from time to time shall choose or deem fit. The foregoing provision
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.
2. INTERFERENCES.
Each party shall be fi'ee from interference, authority and control by the other, as fully as if
he or she were single and unniarricd, exccpt as may be necessary to carry out the provisions of this
Agreement. Neither party shall molest or attempt to endeavor to molest the other, nor in any way
harass or malign the other, nor in any other way interfere with a party's peaceful existence, separate
.'
or .-.... ~
,
and apart from the other. Eaeh of the parties hereto eOlllpletely understands [illd agrees that neither
shall do or say anything to the children of the parties at any time which might in any way influence
the children adversely against the other party.
3. DIVISION OF REAL PROPERTY.
Husband agrees to transfer all his right, title and interest in and to the real estate situated at
4707 Courtland Street, Camp I-Iill, Cumberland County, Pennsylvania, now titled in the name of
Husband and Wife and agrees to immediately execute now or in the future any and all deeds,
documents or papers neeessary to effect such transfer of title upon request. Husband further
acknowledges that he has no claim, right, interest, or title whatsoever in said propcrty and further
agrees never to assert any claim to said property in the future except as specifically set forth herein..
Said transfer shall be effective immediatcly and shall bc binding regardless of the marital status of
the parties:
Wife agrees that she will assume sole responsibility for the payment of the mortgage to
Atlantic Mortgage in the approximate balance 01'$60,000.00, and the home equity loan to Mid.
Penn in the approximate anIount of$10,000.00 and shall indemnify and hold Husband hamIless on
the said obligations.
In the event the aforementioned real estate is sold within six (6) years of the date of the
execution ofthis Agreement, Wife shall owe to Husband the sum of Five Thousand ($5,000.00)
Dollars, subject to the contingencies contained herein. If the residence is sold during the six year
period, but Wife purchases a residence equal to or of greater value than the current value of the
marital residence in the sanIe geographical area so as to permit the children to attend the same
schools. the obligation owing to Husband shall be attached to the new real estate for the remaining
balance of the six (6) year period. Nothing hercin shall be construed to prevent Wife from titling
. the new property in her nrune, individually, or in such other fonn of title as she deems appropriate.
and necessary, in hcr sole discretion. However any other person on the title at that time shall
execute any documents necessary to effectuate the temIS ofihis paragraph.
Should Wife remain in the property for six (6) years, or should Wife sell the property but
purchase a properly of equal or greater value and stay within the required geographical area
during the six (6) year period, the $5,000.00 obligation to Husband shall cease and become null
and void. Husband shall execute any documents necessary to effectuate the terms of this
paragraph or clem title to any such properly at the end of such six (6) year period.
~~2:t
{fo{f'.'
MTM
-
Should Wife sell the property within the aforementioned six (6) year period and move frol11
the geographical arca, which would ncccssitate a change of schools for thc minor childrcn, thc
$5,000.00 balance would bc duc to Husband.
4. DIVISION OF PERSONAL PROPERTY.
The parties have divided betwccn thcm to their mutual satis/hction, pcrsonal effects,
houschold goods and furnishings and all othcr articles of personal property which have herctoforc
becn used in common by them, and neither party will make any claim to any such itellls which arc
now in the possession or under the control of the other. Should it bccome neecssary, each party
agrees to sign any title or documents ncccssary to give effcet to this paragraph, upon rcquest.
S. CUSTODY AND VISITATION.
Thc parties have, betwecn thcmsclves, worked out a satisfactory custodial arrangemcnt
without the need of court intervcntion. Both parties acknowledge and recognize either party's right
to prcsent the issue of custody to a court of competent jurisdiction in order to address custodial
. issues on which the parties calmot agrec.
6. CHILD SUPPORT.
Husband is paying child support pursuant to an Order of Court indexed to P ACSES Case
No. 820100670/28285 in the Court of Con un on Pleas, Cumberlalld County, Pennsylvania. The
said Order is subject to modification by either party based on future financial circumstances. The
parties agr;::e that they will share equally medical bills for the minor childrcn not covered by
insurance and, in addition, Husband agrecs that he shall continue to carry medical coverage on the
children as supplied by his employer. Husband shall provide the Wifc copies of his Fcderal and
State Income Tax Returns on an annual basis. Said returns shall be dclivered to Wife by Husband
on or before the 201h day of August of each tax year so long as there is an obligation owed by
Husband for either child support or alimony.
7. PRIVATE SCHOOL TUITION.
The parties agree that they shall share Matthew and Kathryn's tuition for Saint Joseph's
School in Mechallicsburg in the following proportions: Seventy (70%) to Husband and thirty
-
..:>
I; ;
k
I
\
(30%) percent to Wife. I Iusband shall pay Melissa's tuition for Trinity High School. At the time
Matthew and Kathryn attend Trinity High School, payment of the tuition shall be prorated based on
the parties' incomes or earning potential at the time the tuition expense is generated.
8. ALIMONY.
~>
)
Husband agrees to pay Wife in the fonn of alimony, the sum of $82.50 per week for a
period of six (6) years with said payments beginning on the first full week after the date of the
execution of the Agreement.
All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71
(b) (I) (A) of the Internal Revenue Code as amended, and as said Section is anlplified by the
provisions of the Tax Refornl Act of 1984 and Tax Reform Act of 1986, and any future laws or
regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in
the year of payment by Husband pursuant to Section 215 of the Internal Rcvenue Code, as
amended, or any similar future laws or regulations thereto, and shall be includable in the year of
receipt in the gross income of Wife pursuant to Section 71 (b) (I) (A) of the Internal Revenue Code,
as amended or any similar future laws or regulations thereto.
The said alimony payments shall terminate upon the death of either party or upon Wife's
remarriage or cohabitation.
9. MOTOR VEHICLES.
Wife shall retain as her sole and separate property the 1990 Chevy Lumina and Husband
shall retain as his sole and separate propelty the 1995 Astro Van.
10. IRA.
Husband shall retain as his sole and separate property his IRA with Member's 1st with an
approximate cash value of$4,700.00.
11. LIFE INSURANCE.
Husband shall retain equity in his life insurance policy with thc Knights of Columbus with a
cash value of approximately $2,200.00.
-.
12. BANK ACCOUNTS.
Each party shall rctain bank accounts as well as any cash balance presently in their
possession.
13. MARITAL DEBT.
Husband shall be solely responsible for the marital debts to the following:
1. PSECU - Date of separation balance $6,389.00;
2. First USA Visa - Date of separation balance $8, 716.00; and
3. Capital One - Dale of scparation balancc $5,130.44.
Husband agrccs to indcmnify and hold Wife harmless on thc said obligations.
14. TAX ON PROPERTY DIVISION.
Husband hereby agrccs to pay all income taxes asscsscd against him, if any, as a rcsult of
the division ofthc property ofthc partics hercllnder. Wifc hcrcby agrecs to pay all income taxes
assessed against her, ifany, as a rcsult ofthc division of the property ofthc parties hereunder.
15. ASSUMPTION OF DEBTS.
With the exception ofhomc mortgage and home cquity loan refcrred to in Paragraph 3 and
the debt ref cITed to in Paragraph 13 hereof, there are no other joint debts of the parties. Any debts
the parties have incurred in their individual namcs, shall be their individual responsibility.
16. BREACH.
If either party brcaches any provision of this Agreemcnt, the other party shall have thc right,
at his or her election, to sue for damages. This remedy is in addition to the right to enforcc any of
the terms of this Agrcement or assert any and all remedies provided by law or equity. The party
breaching this contract shall be responsible for the paymcnt of reasonable attomey fees and costs
incurred by the other in enforcing his or her rights under this Agreement, or seeking such olher
remedy or relief as set forth above.
17. FllLL D1SCLOSllRE.
Husband and Wife each reprcsent and warrant to the othcr that hc or shc has made a full and
completc disclosure to the other of all assets of any nature whatsoever in which such party of every
type whatsoever and all other facts relating to the subjeet matter oflhis Agreement.
18. ADDlTIONAL INSTRllMENT.
Each of the pU11ies shall on demand execute and deliver to the other any dceds, bills of sale,
assignment, consents to change of beneficiary on insurU11ce policies, tax returns and other
documents and do or caused to be done any other act or thing that may be necessary or desirable to
the provisions and purposes of this Agreement. If either party fails on demand to comply with this
provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable
incurred as a result of such failure.
19. WIFE'S DEBTS.
Wife reprcsents and warrants to Husband that since the parties' separation she has not and in
(he future she will not contract or incur any debt or liability for which Husband or his estate might
be responsible and shall indemnify and save Husband harmless from any and all claims or demands
made against him by reason of debts or obligations incurred by her.
20. HllSBAND'S DEBTS.
Husband represcnts and warrants to Wife that since the parties' separation he has not and in
the future he will not contract or incur any dcbt or liability 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 dcbts or obligations incUtTed by him.
21. WAIVERS OF CLAIMS AGAINST ESTATES.
Except as herein 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 ofthe other as a result of the marital relationship, including without limitation, dower, curtsy,
statutory allowance, widow's allowancc, right to takc in intestacy, right to take against the Will of
the other, and right to lICt liS lldministrutor or executor of the othcr's estllte, llnd clIch will, to the
request ofthe other, execute, acknowledge, llnd dclivcr any and all instnllllents which may be
necessary or advisable to carry into cffect this mutual waiver and relinquishment of all such
interests, rights and claims.
22. REPRESENT A TION.
It is recognized by the parties hereto tllllt Michael T. McDevitt is represcntcd by John J.
Connelly, Jr., Esquire, and Susan A. McDevitt is represented by John F. Lyons, Esquire. It is fully
understood and agreed tlmt by the signing of this Agrcement, cach party understands the legal
impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and
cach purty intends to be lcgally bound by the terms hereof.
23. VOLUNTARY EXECUTION.
The provisions of this Agreement are fully understood by both parties and each purty
acknowledges tlmt this Agreement is fair and equitable, that it is bcing entered into voluntarily and
that it is not tile result of any duress or undue influence.
24. ENTIRE AGREEMENT.
This Agreemcnt contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
25. PRIOR AGREEMENT.
It is wlderstood and agreed that any and all property settlement agreements which mayor
have been executed prior to the date and time of this Agreement arc null and void and of no effect.
26. MODIFICATION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective only if
made in writing and executed with the same fomlality as this Agreement. Thc failure of eithcr
party to insist upon strict performance of any of the provisions of this Agreemcnt shall not be
construed as a waiver of any subscqucnt default of the same or similar nature.
27. GOVmmlNG LA W.
This Agrccmcnt shall bc govcrncd by and shall bc construcd in accordancc with thc laws of
thc Commonwcalth ofPcnnsylvania.
28. INDI~PENDENT SEPARATE COVENANTS.
It is spccifically undcrstood and agrccd by and bctwccn thc partics hcrcto that cach
paragraph hcrcof shall bc dccmcd to bc a scparatc and indepcndent covcnant and agreemcnt.
29. VOID CLAUSES.
Ifany tcrm, condition, clausc, or provision of this Agrcemcnt shall be dctermined or
declared to bc void or invalid in law or otherwise, thcn only that tcrm, condition, c1ausc or
provision shall bc strickcn from this Agrecmcnt and in all othcr rcspects this Agrccmcnt shall bc
valid and continue in full forcc, cffcct and opcration.
30. ENTRY AS PART OF DECREE.
It is thc intcntion ofthc partics that this Agrcemcnt shall survivc any action for divorcc
which may be instituted or prosccutcd by either party and no order, judgement or decree of divorcc,
temporary, final or pCl1l1ancnt, shall affect or modify thc financial tcrms of this Agreement. This
Agreemcnt shall bc made a part of, but shall not mcrge with, any suchjudgmcnt or dccree of final
divorce.
31. DIVORCE ACTION.
The parties shall, at the time of the execution of the Agreement, execute documents
. necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims
pending under said action, indexed to number 98 - 33 I 0, in the Court of Common Pleas,
Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling
and Waivers of Notice ofIntention to Request Entry of a Divorce Decree.
32. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF
PENNSYLVANIA.
Except as specifically provided in this Agreement, each party waives any claim they may
have against the other under the Domestic Rclations Code of the Commonwealth of Pennsylvania
:1'
. "
: '
SUSAN A. MCDEVITT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY , PENNSYLVANIA
NO. 98-3310
v.
MICHAEL T. MCDEVITT,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a Divorce
Decree:
1. Grounds for divorce: Irretrievable breakdown under ~ 3301(c} of the Divorce Code.
2. Date and manner of service of the Complaint: Service was accepted by the Defendant's
counsel, John J. Connelly, Jr., Esquire, on June 17, 1998, an Acceptance of Service verifying same
having been filed with the Court on June 22, 1998.
3. Date of execution of the Affidavit of Consent required by Section 330l(c} of the Divorce
Code: By Plaintiff May 2, 2000; By Defendant May 8, 2000.
4. Related claims pending: None.
5. Complete either (a) or (b):
(a) Date and manner of service of Notice of Intention to File Praecipe to Transmit
Record, a copy of which is attached:
, ..'
'.
. -'
.~.
,~. .~ .. . ,,- ...
,J
Susan A. McDevitt,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
~~. 3316
NO. ~r 'j".9Sl!
Plaintiff
v.
CIVIL ACTION - LAW
Michael T. McDevitt,
Defendant
IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against
the claims set forth in the following papers, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a Decree in 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 Court House,
One Courthouse Square, Carlisle, Pennsylvania.
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.
I~
!.:
I,.
Date:
C. -/I -98
Court Administrator
Cumberland County Courthouse
4th Floor
Carlisle, PA 17013
phone: 240-6200
Respectfully submitted,
Fax
2
Pennsylvania.
29. Plaintiff has not participated as a party, witness or in
any other capacity in any other litigation concerning the custody
of the three minor children in this or any other court.
30. Plaintiff does not have any information of any custody
proceeding of said three minor children pending in any court of
this or any other state.
31. Plaintiff knows of no person not a party to this
proceeding who has physical custody of said three minor children or
claims to have custody or visitation rights with respect to said
minor children.
WHEREFORE, Plaintiff requests your Honorable Court enter an
order awarding primary physical custody of the three minor children
of the parties hereto to Plaintiff, subject to visitation rights in
the Defendant.
COUNT VII
CLAIM FOR SUPPORT UNDER SECTION 301 OF THE DIVORCE CODE
32. The averments of paragraphs 1 through 35 are incorporated
herein by reference thereto.
33. The Plaintiff has no adequate means of support for the
children born of this marriage except as provided by Defendant.
WHEREFORE, plaintiff requests your Honorable Court enter a
Decree, as follows:
a. Dissolving the marriage between the Plaintiff and
Defendant;
7
Susan A. McDevitt,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
9~ - -3.3/0
NO. S 199$
v.
CIVIL ACTION - LAW
Michael T. McDevitt,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, John J. Connelly, Jr., attorney for the above-named
Defendant, accept service of the Complaint on behalf of my client,
Michael T. McDevitt and certify that I am authorized to do so.
Date:
J
tto
1 8-
P.O. Bo
Harrisburg PA 17108
(717) 238-4776
(717)238-4793 - Telecopier
Pa. I.D. No. 15615
1 y, Jr.
Defendan'
t Street
>- ("J ~
~ -
1-'- ~
w<:;:! :~5 ~~~
~f: ."- t l-".
If-.! Q. ~ ,',
Ol-=-C. },."::i
6() 1:\, ~-
,"'r' . '~')
wiS:: '" 'j -.~.
......-
EE!I.LJ :_'1~ -;;-
~:... , I.ll'-j
r.:= :::J '/10::
-) .,
lL -"C..
"'=' ::)
0 en U
SUSAN A. MCDEVITT,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVM1IA
v.
NO. 98-3310
MICHAEL T. MCDEVITT,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 3301 of the Divorce
Code was filed on June 12, 1998,
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3, I consent to the entry of a final Decree in Divorce after
service of Notice of Intention to Request Entry of Divorce 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.
Date:
,?, ~-OD
-..Q
USAN A. McDEVIT , Plaintiff
..... -..t) ?:::
a; ., .'-
-", ,
\..- c.~ ,
UJI~ ,
0:" .. ,
P.-:~':' {!..
{"':'}l: ',:----
2)1~.: ('.1
{'.J
::..l, .. >-
w..: , . .
r.:.: ",'"
~.~ Cl '--j
~, C> ()
.
"
.
".,' .' .,',""', -"'., ~';c". ~.":. ,..'''''" ,..'",,,.....;,,.,.'.
g-:"':""':"'"':''-'''''.'~~'''''
....-:.....,-
,
, ,
<-,. .
.r
'.
.~.
,j
.,
:
....-Y.. I, l
~ . ~
. '.
.'
'~1~;!.'
',I' "':
, ~ ',' )~
"'j} .~
.. .,..."..( ~
\:!.'l(~fl.."
, ill'< .," "'('
~; f 'l:' I. .
..;~ .
'. !,~
<
.,
.' ~.
....;.".
.
...
~It'"
/:)
,","
;.'/
,',,'
"
.)
,.
..~
l
,;",
.......,
J-" {
~''''';''~'
.~.
...)
"
". ."
.'
."-.~, t ~ I
, 'I..;.:.:
, '. ~- (r'~(t;' '.'
" H' ~,
, ""
I ',': ,i
?", ~.., ,
0, ~' '. i
1;'~il..,';
. , 71$'" '(
~""""'":-(;"~ I"
{, .
'fltl
(
./
I
!~1lf~;~tH;;}'!,;,"~,'
'"fj..',ii'l.r......<.,'v...t.,.;
~'ibi~IS:;;;>~~:;,<1,:~""c'.'
;.S"'J,'t;..~"').:~_:,~
,
.....,."
......
-,';"
:ra
.,' 'ou 'OE ktRE', NOT",.O TO ""0 TO
. "kEENC'O..O . . ,.... .... W'''''N
':"".N".,""! O'Ys o. S."",C' H'OEOF OR
',' O"'UUJUeo"'NT M" .. 'NTER.O
'-:;'~.:.,'. '. 0 U'~rro.N" ... .
':'\:""..-;': . .' .
.:- .
.
,
J..
V
I
.~ . ",'
b..
J.
; Il'
I .
L~
l~'
f
if:
I/!
I....':.
I ,~,_
I'. .
i.'
f!
Ii
If
(,.
'1:)-:
1,/' .
!I-
I , ."
1/:'-.1
/,.'
\p
o
<.
LAw OFFICE .
JA^:Es, SMITH. DURIaN & CONNELLY, LLP
, P.QBOX650
HERsHEY, PENNSYLVANIA 17033{}(jjO
.,
'.
W. HER'., CER".,. 'H" 'H. W"NIN 'S
' TOUE A"O CORRECT COpt OF T
Z'~. AC"ON,. HE
',""J7~
''''''''"<._"=''''...
. ... .........<"''".'''.q''''''-_.-..............~--_..
"
_.__._--~..."~",:.,''',...,,,... .... ".
........"'.,,\..,.""'''<i;;'''j''~.,'''~,<..'O.....~_,'-_.. .. ~"" I
. .... ',..'\'i:!t......_....
'. " , 'J;f. . -. '''ili
't ,r (f. j I
t "",,\.;.'
r. I, ., c,
J ,,*"J$,"':"".
.~~. ".~" ':_~~~.:::.~ 'RI..
~ f ~ . - ~---\tr:T ~
( .. ,
~"J."
;:. .,. _ T
't: ~. ..... . J "
.,( '1...' '.. I!:
, >,.~, 1 i
',. "~"lI.. . .
' '}.; 'x,Jl, .;
,'.... .; ,': ,1;'
";,?'t~.;,1.l.
: ~~...."\-. ~
'$,), .
Ii'; .i.'. , . "
\. ',', ~.I ~~"'. oJ.',.. .
" "ll'J....
. -.. ~ .., "'i~'
" ,> 8"'~ -. . I : -(_
'''''1 "\- '.
.'- .-.:i!"". '.r. 'J ..
~- :i~:;i..' .;~
. ~-'J"" GJii. t'!t..
.' ; 11._ ..~l.i,:. ~,
,..5\ . ~.'k:
?;." .-:.. 'f. .
,. f'/" '<i
-~ '"
;:O~"!:~"i<i-
' ,
,.
.'
.. '{,
.' ~
ii"'-'
~.~ "
r.<I "
~. 1'-
, ....
";;.-."r ~
'--.;,'
'. ~
I~~
'",
I
'. ,
/
-".i
.-"
"
"", ~.-..
.~'
, ,
,,'
'.
:
, '
':. ',.
~
','
'\ ",.1.:
.' ~ 1. .
~~, i:j(.f. ,(
" \'1:' ''It''
. "
f" ,
,
/
;. ,,";; . ':,"} ", . .':.' '.~, ,....
.~-, .
..
---~-::-=.;;~;:::--~ :--.----
.
John F. Lyons
Attorney at Law
108-112 Walnut Street
Harrisburg, PA 17101
~~K~i&\l$ilfR;irJi\>;;'j;;r;i""""""""''':'~i''W''''''.''''''-'--'----_..._.......<<".,,'..="'''J~"''.~'~."'''''''''''.;'.."i'''''''.-:~.;.~ '~.7;:
t'~:~ '"
..~_::~'o!_~~~.
! ,~
'o:.t ..~l.../...'f
.'\....~,.,.
i... '..1Ii
. i.'!"\. . 1- 1"
. ,"t:<.~'"
\ ..~ .,'
.~.. "1'1 "
... ,t. _ . ~. ','.~ ,r.
~ J.... . ,..
.... < 'fil" <... ,.
.' ~.~ ", ~ '
.' l~ ,\. .. ..
.>. t\ ol'" j:t..
,'') ...~: ';,"
.T_~.\ .,.,~;. :,
,....~ ~.., .~: . 'or' ,
J ~~'f,.s." 'r.... . .. ..
-I .("j';,;'" J' "l, "
~ \",.: ~~ ~II'I.' ..
,,~'t"7I. ~:
..' ..~. ...
.,.", \.t ~~.
.~.. '~"..'~. "
't ~.'I;. ....".,
. '.' -:4
~~'Vf" '.,.~ ..
. .
'~~
"
.
"
'.
~
r'."
,4-
~.~.
.~;~j,,~\
.. \
'.
!oI.'
..'
'",
. \
ll.
',,;.
\
';':,!
.,
,l'
d
'.......
-'.
",."
j
1
r
: ~?
~l.
,':i
,
r1
r/ ;t
IJi'^
!)',..,
I-
I r"::
f 1,0'::'.
/ /..
I f'
I
;~i.:'
),'1' >
',J;,'W
,", if::,
, _1'/":"
--);/>~S1.~1
," ,,- \'-',',
-
\",.
'"
"
~,~. ,
, ' , :.: ,'.~'. :.:: '::',~ " ,;. ',I':~; ",1,,~, : >' ..... "',':: ~". v:" """,,' ?:"':,.,~ ": .:1 >:":;'" ,....::~.'.'::~' : "~'? ,,-.?; ~>:(.~:~:~.I,~'''5.rr .l7~;"~ :::" : ::~< '.' ' ":" '-'; "I.: '" , \, ,~::- .~~, ...::!.~. '. l \ ,~"', ' .
.....
,)
SUSAN A. MCDEVITT
Petitioner
IN THE COURT OFCOMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 98-3310
CIVIL ACTION - LAW
IN DIVORCE
MICHAEL T. MCDEVITT
Respondent
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
PETITION FOR ALIMONY PENDENTE LITE
COMES NOW, Petitioner, Susan A, McDevitt, by and through her
attorney, John F. Lyons, Esquire, requesting the court enter an
award of Alimony Pendente Lite and in support thereof, represents
and avers as follows:
1. Petitioner is Susan A. McDevitt, plaintiff in a divorce
action filed on June 12, 1998 to the above-captioned term
and number in the Court of Common pleas of Cumberland
County.
2. Respondent is Michael T. McDevitt, defendant in the
above-captioned divorce action.
3. petitioner included a claim for alimony pendente lite,
counsel fees and expenses under Section 3702 of the
Divorce Code as count IV of her Complaint.
4. petitioner alleges that she does not have sufficient
funds to support herself and pay counsel fees and
expenses necessary to maintain the Divorce action.
5. Plaintiff does not have sufficient funds to maintain
VERIFICATION
I verify that the statements made in the attached Petition for
Alimony Pendente Lite 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.
Date:
January 18, 1999
~
r
~
f(
l
I
,
,
CERTIFICATE OF SERVICE
I, JOHN F. LYONS. Attorney for Plaintiff, hereby certify that
I have on the date shown below, served a copy of the foregoing
Petition for Alimony Pendente Lite on the person and in the manner
indicated below:
UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID
John J, Connelly Jr., Esquire
Attorney for Respondent, Michael T. McDevitt
James, Smith, Durkin & Connelly, P.C.
134 Sipe Ave.
Hummelstown, PA 17036
Date: January 20, 1999
H 105.Hi7 REV.S.aO
COUNTY
Cumberland
1. NAME
,. RESIDENCE
134 Colle
.. NUMBER
OF THIS
MARRIAGE
..
MAIDEN NAME
Romagnoli
10.
RESIDENCE
4707
12.
NUN!SER
OF THIS
MARRIAGE
PLACE OF
OF THIS
MARRIAGE
NUMBER OF CHIL.
OREN THIS
MARRIAGE
NUMBER OF HUSBAND
CHILDAENTO 0
CUSTODY OF
DATE OF OECREE
15.
17A.
20.
22.
'4.
SIGNATURE OF
TRANSCRIBING CLERK
COMMONWEAL Hi OF PENNSYLVANIA
DEPARTMENT OF tlEAL TlI
VITAL RECORDS
DIVORCE
~
RECORD OF
OR ANNULMENT
ICHECK ONE)
o
HUSBAND
(FinO (Middle) Last
Hichael Thomas McDevit t
Street or R.O. City. Bora. or Twp. County State
e Hill Road Enola Cumberland
.. RACE
WHITE BLACK OTHEOPllCi'YI
1 Q 0
WIFE
(FirsrJ (Middle) (um)
Susan Ann McDevitt
Strftetor R.O. City. 80ro, or Twp. County Srare
()
.
"
rr -3 3 ( 0
STATE FIL.E NUMDER
STATE FIL.E DATE
,. DATE Monrh 'Y '"
OF
BIRTH 3 14 1959
4. PLACE areor orelgn unrry
OF
PA BIRTH Penns Ivania
7. USUAL OCCUPATION
Businessman
Courtland Street
Camp Hi 11
CUmberland
PA
1
13. RAC
WHITE
[X]
BLACK
o
OTHER (Spicily I
o
(County)
Cumberland
(Stare or Foraign Country)
PA
3
17B. NUMBER OF DEPENDENT CHIL'
DREN UNDER 1B
3
lB. PLAINTIFF
HUSBAND
o
WIFE
lZJ
OTHER ISpocilyl
o
WIFE
III
SPLIT CUSTODY
o
OTHER (Spocifyl
o
21, LEGAL GROUNDS FOR
OlVORCE OR ANNUL.MENT
(Month}
(Day!
(Year)
23. DATE REPORT SENT
TO VITAL RECORDS
9. DATE
OF
BIRTH
11, PLACE
OF
BIRTH
14. OCCUPATION
(Month)
D.,
Y~ar
9
15
1962
(State or Foreign Country)
Penns lvania
DATE OF (MonthJ Day) y""
THIS 10 15 1983
MARRIAGE
HUSBAND WIFE OTHER lSpecllyl
0 og 0
Irretrievable breakdown
Month! Day fllIr
--
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SUSAN A, MCDEVITT } Docket Number 98 3310 CIVIL
Plaintiff )
vs. } P ACSES Case Number 82010067~!,;il.e-,..
MICllAEL T. MCDEVITT )
Defendant ) Other State ID Number
ORDER OF COURT - RESCHEDULE A CONFERENCE
You,
MICHAEL T. MCDEVITT
plaintiff/defendant of
134 COLLEGE HILL RD, ENOLA, PA. 17025-2109-34
are ordered to appear at CUMBERLAND CO DRS
13 NORTH HANOVER STREET, CARLISLE, PA. 17013
before a conference officer of the Domestic Relations Section, on the
28TH DAY OF JUNE, 1999
at 9: o DAM for a conference, after which the
conference officer may recommend that an order be entered. This date replaces the prior
conference date of APRIL 8, 1999
You are further required to bring to the conference:
1, a true copy of your most recent Federal Income Tax Return, including W-2s, as filed,
2. your pay stubs for the preceding six (6) Plonths,
3. the Income and Expense Statement attached to this order as required by Rule 1910,11 (e),
4, verification of child care expenses, and
5, proof of medical coverage which you may have, or may have available to you
6. information relating 10 professional licenses
7. olher:
xc: J, Connelly, Jr" ESquire
Fonn CM-513
Service Type M Worker ID 21205
>-
~
I-"
~~
reO
6'~iE.-:
9
.c
::J<':"
a:~!d
,=.
15
.~.
,,.I
\.0
Lr.
c:,
%:
oc::
La
I
0::
CL
oc::
0'\
0'\
~
~
CJ ~
E. . ~
Q
~
v
E-
.;) ;3
c. ~
.'
)1 ~ 2
.~ 0
s y
-8 u
-:t c c
~ ~
-v
1 i i
E
f:
~-
::5~
(.)....::.
(:.,<~
:........
t;"")::i
",.>-
.~1 (I)
..J;?:
0:7
UJlD
COu.,"
">
:)
()
..
.......
.\
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SUSAN A. MCDEVI'I'T } Dock~1 Numb~r 98 3310 CIVIL
Plaimiff } 820100670 /~g-)"lr$"
vs, } P ACSES Cas~ Numb~r
MICHAEL T, MCDEVITr }
Defendalll ) OilIer Stale lD Number
ORDER OF COURT. RESCHEDULE A CONFERENCE
You,
MICHAEL T, MCDEVITT
plaintiff/defendant of
134 COLLEGE HILL RO, ENOLA, PA. 17025-2109-34
are ordered to appear at CUMBERLAND CO DRS
13 NORTH HANOVER STREET, CARLISLE, PA. 17013
before a conference officer of the Domestic Relations Section, on the
13TH DAY OF SEPTEMBER, 1999
at 9: OOAM for a conference, after which the
conference officer may recommend that an order be entered. This date replaces the prior
conference date of JUNE 28, 1999
You are further required to bring to the conference:
I, a true copy of your most recent Federal Income Tax Return, including W -2s, as filed,
2, your pay stubs for the preceding six (6) months,
3. Ihe Income and Expense Slatement altached 10 this order as reqnired by Rule 1910.11 (c),
4, veritication of child care expellSes, and
5, proof of medical coverage which you may have, or may have available to you
6, intbrmalion relating (() professional licenses
7, other:
xc: J. Connelly, Jr;, Esq.
Forol CM,513
Service Type M Worker ID 21205
,\
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SUSAN A, MCDEVITr ) Docket Number 98 3310 CIVIL
Plaimiff /PetJ tl oner }
VS, ) PACSES Case Number 820100670/028,285
MICHAEL T, MCDEVITr )
Defendant IResp:.n:Ient } Other Slate ID Number
CONSENT ORDER
AND NOW, to wit on this
5TH DAY OF JULY, 2000
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or <i)Olher
ALIMONY PENDENTE LITE
filed on JANUARY 20, 1999 in the above captioned
matter is dismissed without prejudice due to:
AN AGREEMENT OF THE PARTIES,
-J
O}J-~iI'
....,...-.-
Service Type M
MAILED
7'1-()()
w
BYTHE~.. .
"C.... 'r:/(7J)
.~..i60v' If v6.~~
Edgar B. Bayley JUDGE
!
DRO: RJ Sbadday
xc: petJ.tJoner
resp:.n:Ient
John Lyons, Esqulre
John Connelly, Jr., Esqulre
Form OE-505
Worker ID 21005