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HomeMy WebLinkAbout03-1769LAW OFFICES SNELBAKEr. BrENNEMAN & SPARE RICHARD D. DAVIS, V. DIANA R. DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- 17/~ ~ CIVIL TERM : 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by /ou and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~ Attorneys for Plaintiff RICHARD D. DAVIS, V. DIANA R. DAVIS, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- I "//~ c~ CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE COMPLAINT Plaintiff Richard D. Davis, by his attorneys, Snelbaker, Brenneman & Spare, P. C., submits this Complaint in Divorce and in support thereOf states the following: 1. Plaintiff Richard D. Davis is an adult individual residing at 810 Front Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Diana R. Davis is an adult individual residing at 595 Geneva Drive, Apartment 5, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and 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 September 15, 1978 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There is presently no action for divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage LAW OFFICES SnelbaKEr. BrenNEman & SPARE between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff Richard D. Davis requests this Court to enter a Decree of Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. SNELBAKER, BRENNEMAN & SPARE, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Richard D. Davis -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Complaint 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. Richard D. Davis Date: ~//j ~)~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE RICHARD D. DAVIS, V. DIANA R. DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT RICHARD D. DAVIS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate ~n counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Richard D. Davis (Plaintiff) LAW OFFICES SNELBAKER, BrENNEMAN & SPARe RICHARD D. DAVIS, V. DIANA R. DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1769 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Richard D. Davis, Plaintiff in the above captioned action in divorce; that on April 17, 2003, he did send to Defendant Diana R. Davis by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7000 1670 0008 5047 1714; that both the Complaint and cover letter were duly received by Diana R. Davis, the Defendant herein, as evidenced by the return receipt card for said certified mail dated April 21, 2003; that a copy of the aforementioned cover letter dated April 17, 2003 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and LAW OFFICES SNELBaKEr. BrENNEMAN & SPARE correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this 240` day of April, 2003. ,r-- Notary Public ~///I~/ -2- R. ICHAED C, SNELBAKER. KE~"H O. BR. ENNEMAN PHILIP H. 5P..~q.E SNELBAKER., BR. ENNEMAN ~ A pI~OFF,.5$1ONAJ_ COI~POR.ATION ATTOKNEY$ AT I_.A.W SPARE WEST MAIN 5TIKEET MECHANICSBUR.G, PENNSYLVANIA 17055 717-697-8~28 April 17, 2003 P. O. BOX FACSIMILE (717) Diana R. Davis 595 Geneva Drive Apartment 5 Mechanicsburg, PA 17055 Re: Davis v. Davis No. 2003-1769. C.C.P.. Cumberland County Dear Ms. Davis: Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed with the Prothonotary in Cumberland County on April 17, 2003. Yours truly, KOB/sz Enclosure CC: Richard D. Davis (w/enclosure) Keith O. Brenneman Via certified mail, return receipt requested, restricted delivery, parcel No. 7000 1670 0008 5047 1714 EXHIBIT A LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ---I- Postage Ul Certified Fee Return Receipt Fee r-1 (Endorsement Required) Restricted Delivery Fee (Endorsement Recuired) r~ Total Postage & Fees C3 r~ .60 2.30 1.75 3.50 Sent To Diana R. Davis '-~-~;~}:'go~'fv'&'.. %"~ ~F)- ~;;;'~'&' ........................................................... 595 Geneva Drive.._Apt....~. "~)~,'~¥~,'2/~Ji .................................................. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt 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. r Article Addressed to: Diana R. Davis 595 Geneva Drive Apartment 5 Mechanicsburg, PA 17055 A. Received by (Please Print Clearly) =L Date of Delivery ~igpat,ure ,,-, ' Addreasee different from item 1. [] Yes ~'~S, ent~'r'~,~: [] No i~pp, 2 1 2003. Ik o/: I ~'~Mail [] Express Mail I [] Registered [] Return Receipt for Merchandise l __ [] Insured M~il [] C.O.D~ / 4. Restricted Delivery? (Ex~ra ?ee} ~ Yes 2. Article Number (Copy from service label) 70061670 0008 5047 1714 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 EXHIBIT B POST-NUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this ! 7 t'h day of ,~/~ ,2003 by and between: RICHARD D. DAVIS, of 810 Front Street, New Cumberland, Pennsylvania, party of the first part, (hereinafter "Husband") AND DIANA R. DAVIS, of 595 Geneva Drive, Apartment 5, Mechanicsburg, Pennsylvania, party of the second part, (hereinafter "Wife ") WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on September 15, 1978 in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, the parties last resided with each other at 810 Front Street, New Cumberland, Pennsylvania and separated on December 14, 2002; and WHEREAS, the parties acknowledge that they have no children of their marriage; and WHEREAS, the parties have accumulated certain assets during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and; WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and ail other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and per~brmed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free .from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. TANGIBLE PERSONAL PROPERTY. The parties acknowledge that they have, prior to the signing of this Agreement, divided all tangible personal property, furniture and furnishings to their mutual satisfaction. All personal property, furniture and furnishings in the possession of Wife shall be and remain Wife's and Husband hereby releases and relinquishes all claims and demands whatsoever as to all such property in the possession of Wife. Similarly, all personal property, furniture and furnishings in the possession of Husband shall be and remain Husband's and Wife hereby releases and relinquishes all claims, and demands whatsoever as to all such property in the possession of Husband. Both parties shall be free to sell or dispose of by any means the tangible personal property that each possesses without interference by the other. The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. JEWELRY. The parties acknowledge that Husband acquired during the parties' marriage through inheritance from his aunt's Estate various pieces of jewelry. The parties acknowledge and agree that the items of jewelry have a conservative estimated value of $20,000.00. Husband hereby gives all such jewelry to Wife and releases and relinquishes any claim, interest and right that he has therein. 5. MARITAL RESIDENCE AT 810 FRONT STREET, NEW CUMBERLAND. Husband and Wife acknowledge that they have jointly acquired title to certain real property improved with a residential dwelling located at 810 Front Street, New Cumberland, Pennsylvania (the "marital residence"). The parties further aclmowledge that the marital residence is not subject to any mortgage and that based upon an appraisal of the marital residence, it has an appraised fair market value as of March 20, 2003 of $97,000.00. Wife agrees upon execution of this Agreement to convey to Husband all of her right, title and interest in and to the marital residence by special warranty deed, free and clear of all encumbrances. Husband agrees to pay and be solely responsible for all utilities and real estate 3 taxes associated with the marital residence. Husband agrees to indemnify and hold Wife harmless of and from any liability relating to any utility expenses, real estate taxes and the marital residence. Husband agrees that he shall, within 90 days of the date of this Agreement, pay Wife the sum of $48,500.00, representing one-half of the value of the marital residence. It is anticipated that Husband will obtain a loan against the marital residence for such purpose. 6. BANK ACCOUNTS. All bank accounts, whether or not jointly held by the parties during their marriage, have been divided by mutual agreement lo their satisfaction. 7. MARITAL DEBT AND FUTURE OBLIGATIONS. The parties represent that there is no outstanding debt for which either or both of them are liable that was incurred on or before December 14, 2002. The parties agree that any and all obligations incurred subsequent to December 14, 2002, shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligations. 8. AUTOMOBILES. The parties acknowledge that they acquired during their marriage a 2000 Subaru Outback and a 2002 Toyota Avalon. The 2000 Subaru Outback is titled in Husband's name only and is not subject to any lien or encumbrance; the 2002 Toyota Avalon is titled in Wife's name alone and is not subject to any lien or encumbrance. The parties agree that Husband shall retain sole possession and use of the Subaru Outback free and clear of all right, interest or claim of Wife and that Wife shall retain sole possession and use of the Toyota Avalon 4 free and claim of all right, interest or claim of Husband, and tha'I each party shall be free to use, sell or dispose of by any means his or her respective automobile at any time in the future. 9. PENSION, 401K, RETIREMENT PLANS, BENEFITS AND EMPLOYMENT BENEFITS; HEALTH BENEFITS. Each party acknowledges that they participate in a pension or retirement plan through their respective employment, with Husband participating in the Federal Employment Retirement System and Wife in a 401K plan with CIESCO, Inc. of Harrisburg. Each party further represents and acknowledges that they are familiar with the balances and amounts in both accounts. Whether or not said party is vested in said plan, each party waives and forever releases the other of and from any and all claims which either may have against the other's retirement plan or benefit, or any other employee plan or benefit. The parties acknowledge that each is provided health insurance through his or her respective employer and that neither party is or shall be responsible for providing such insurance coverage to or for the other at any time in the future. -- 10. LIFE INSURANCE. The parties acknowledge that each maintains a whole life insurance policy. The parties agree that each may maintain or terminate such coverage at any time or designate any beneficiary as said party, in his or her sole discretion, shall decide. Each party waives any claim he or she has with respect to the policy :maintained by the other, including, but not limited to, any claim for or against any cash surrender value of the other's policy. 11. COUNSEL FEES. Unless otherwise agreed to by the parties, each party to this Post- Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 12. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party o[ and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 13. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. Husband agrees to initiate a divorce action in the Court of Common Pleas of Cumberland County (the "Divorce Action") within thirty (30) days of the date of this Agreement and prosecute to conclusion the action. 14. TAX IMPLICATIONS AND MATTERS. The parties agree that they will jointly file federal and state tax returns for 2002 and divide equally any tax refund that may be payable and contribute and pay equally any taxes that are due. Thereafl:er the parties shall file separate tax rems. In the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes 6 for the year to which such liability pertains. The parties hereto agree to retain all trax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. 15. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitled or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 16. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, tempc,rary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 17. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 18. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his e,r her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and[ each party ac.knowledges that this Post-Nuptial 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 duress or undue influence. The parties acknowledge that they have been furnisl~ed with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 20. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and 8 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 against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but uothing 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 provisions of this Agreement. 21. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 22. APPLICABLE LAW. This Agreement shall be cortstrued, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 24. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: Richard D. Davis Date: /~,a/g' / "d. (SEAL) Diana R. Davis Date: (SEAL) 10 LAW OFF[CES SNELBAKER. BRENNEMAN & SPARE RICHARD D. DAVIS, )IANA R. DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 1769 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (C) OF TI-tE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on %pri! 17, 2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divc,rce after service of notice of intention to request entry of the decree. 4. 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: August 12, 2003 Richard D. Davis (Plaintiff) LAW OFFICES SNELBAKER. BrENNEMAN & SPARE RICHARD D. DAVIS, DIANA R. DAVIS, Plaintiff Defendant : IN THE C, OURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 1769 CIVIL TERM : CIVIL ACTION - LAW : 1N DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I upderstand 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. 4. 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 ! 8 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: August 12, 2003 Richard D. Davis Plaintif~ SNELBAKER. BRENNEMAN SPARE RICHARD D. DAVIS, DIANA R. DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 1769 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 17, 2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand :hat false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. Date: August 12, 2003 Diana R. Davis (Defendant) LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ?riCHARD D. DAVIS, DIANA R. DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002, - 1769 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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. 4. 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: August 12, 2003 Diana R. Davis (Defendant) LAW OFFICES SNELBAKER, BRENNEMAN & SPARE RICHARD D. DAVIS, Plaintiff DIANA R. DAVIS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1769 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on April 21, 2003 (see Affidavit of Service filed April 25, 2003). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: August 12, 2003; by the Defendant: August 12, 2003. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: August 12, 2003; by the Defendant: August 12, 2003. 5. Related pending claims: None. Date: August 13, 2003 SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~/'~ Attorneys for Plaintiff IN THe COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF _~. PENNA. RICHARD D. DAVIS~ Plaintiff VERSUS DIANA R. DAVIS, Defendant NO. 2003-1769 CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT AND RICHARD D. DAVIS DIANA R. DAVIS 2003 , 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; None. The parties' Post-Nuptial Agreement is incorporated but not merged into this Divorce Decree. BY THE COURT: ATT T: PROTHONOTARY