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HomeMy WebLinkAbout00-08832 " . . . . . . . . . . . . . . . . . . . . . . . . ,', ."^ ';. . . . . ,.,;f. :f.:f.:t::+:"':+: Of. :f.:f. "'''' '" I,.; ,~ _' " J-, ,"" ~,,' ,~ ~" ; , IN THE COURT OF COMMON PLEAS :f."'; . . :f. "'if.:+: "''''''':f.:f.:f. :Ii;!;'" "':Ii OF CUMBERLAND COUNTY STATE OF JEANETTE S. HARVEY VERSUS JOSEPH R. HARVEY PENNA. No. ~ooo 008812 DECREE IN DIVORCE AND NOW, J:- ;; 0; ,~~IT IS ORDERED AND Harvey , PLAINTIFF, DECREED THAT AND To!=:ppn R H;=Irvey' ^ , 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; Attached hereto, marked as Exhibit "A" and incorporated herein by reference is the A~reement of the parties dated March 21. 2001. . . '" '" "''''''' J. ~~ --- OTHONOTARY :f. :+: :t::f. :+::+: :f. "':f.:Ii '" '" :+:;F.:f.:f.,l"f.:f. :+: . . ~~ < i-{< :+: :Ii:liOf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+: ",~'f. :;;, "' ~~ ~ f~' ". , '~"~, : " "~ 5.:?'~1 5'- .:? -0/ .~_:ll!"''''''""7'P~=1''''~__'''' . . .,- ~. ." ~_~'" h ",..".' ,". ~ . ,,,"_""",~'" '. M-. ~ /l"A:~?/ ~ /11 uJ ~~z~. , -~ ,'~'. " ~- T!2tW~~'.\ffllBj'~~~~ !nJ,~ ",~,~"-~,,,,,, ,"""" , "~'" ,C" '~~., ,':-1-<C"-~';~"/!;""'~\f~ "_"'''_~.w;. ~_ . COLJNTY CUMBERLAND DIVORCE [!] RECORD OF OR ANNULMENT ICHECK ONEI 0 '~"- '~,it; STATE FILE NUMBER STATE FILE DATE ,. NAME (F;rst) JOSEPH Sll'ftt or R.D. 1 6. RACE WH~ MiddI.J ROBERT Ory, BDrG. or wp. BLACK o /Mit;Jd"J SARAH Ciry. 80'0. or Till/Po HUSBAND ..." HARVEY r. ,. RESIDENCE 512 Mill Race Road, Carlisle, Cumberland PA 8. NUMBER OF THIS MARRIAGE OTHEr:r-~j.tV) WIFE (LA6t) HARVEY CDllllry SUrr. 2. DATE OF BIRTH 4. PLACE OF BIRTH 7. USUAL OCCUPATION Machine Operator r. 9. DATE OF BIRTH ", PLACE OF BIRTH A' N 11 nr. 9 , 23 - 72 .." ... -" New York . 12 y- 8. MAIDEN NAME (Firnl JEANNETTE $IIftt or R.D. '0. RESIDENce 373 Mountaih 1 Road, Boiling 13. RA WHITE []I 12. 18. 17-,. '0. 22. 2., SlGNATURE OF TRANSCRIBING CLERK 8LACl< o Springs, Cumberland, PA OTHER (Spec1fyl o 2 OTHER (Specifyl o Io.v) (y..,) WIFE l!J OTHER 15PeCI'Y) o 21. LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 23. DATE REPORT SENT TO V,TALSTAT'STICS 71 (sur. fK FOIWlgn Qlunuy} Pennsylvania Office Manager DATE OF Month THIS MARRIAGE . HUSBAND o 9 WIFE o ~ Billing o.y y~ 5 .93 NUMBER OF THIS MARRIAG PLACE OF OF THIS MARRIAGE NUMBER OF CHIL' DREN'THIS MARRIAGE NUMBER OF HUSBAND WIFE CHILDREN TO 0 0 CUSTODY OF DATE OF DECREE ANDERSON (County) Cumberland 178. NUMBER OF DEPENDENT CHIL. DREN UNDER 'B SPLIT CUSTODY o (Monrh} (SUr. or F~;gn OIuntry) Pennsylvania '8. PLAINTIFF HUSBAND o Month OTHER ISpuclfy) o Do. - ~J,y_ '~.~-, '~"~.. , " ~:~,I ,Ii, " ,,~', ''''''~ '. . , , MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this aEt day of _(na rt h ,2001, by and between JOSEPH R. HARVEY (hereinafter "Husband") of Cattaraugus, New York and JEANNETTE S. HARVEY (hereinafter "Wife") of Boiling Springs, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on September 5, 1993 m Cumberland County, PelIDsylvania; and WHEREAS, two children were born of the marriage, Savannah Bricker Harvey (d.o.b. 11/13/99), and Sierra Bassatt Harvey (d.o.b. 11/13/99); and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, Husband and Wife are the Plaintiff and Defendant, respectively in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 01-394; and WHEREAS, the parties desire to settle fully and finally their respective fmancial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and WHEREAS, the parties desire to provide for the custody and support of their minor Document #: 197160.1 -, " < ,.;.-1 ~ -' , "' , ;.ii' . children; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save hann1ess the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of fonner or future acts, contracts, Document #: 197160.1 -.~" " ~,' I'" ".'~"" L;', ;"atli engagements or liabilities of the parties or by way of dower, curtesy, widow'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 aU other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE a. House. The parties own as tenants by the entireties improved real estate situated at 512 Mill Race Road, Carlisle, Pennsylvania 17013 ("Marital Residence"). The parties have listed the property for sale with a reputable realtor. The parties agree to cooperate and to use good faith efforts, with due diligence, to effectuate the sale of the property for a mutually agreed upon sale price b. The parties have agreed to use the proceeds from the sale of the house toward the payment of the First Mortgage with Fleet. c. In the event Fleet Mortgage would begin foreclosure proceedings on the property listed at 512 Mill Race Road, Carlisle, Pennsylvania, the parties agree to cooperate in Document #: J 97 J 60. J ""'. .:,'~,I "~' . ~. surrendering the property to Fleet Mortgage. d. In the event the property is sold, the parties agree that any resulting proceeds shall be applied towards the MBNA and Members 1" loan. 5. DIVISION OF PERSONAL PROPERTY All personal property currently in husband's possession shall be his sole and separate property, unless otherwise stated herein. All personal property currently in wife's possession shall be her sole and separate property, unless otherwise stated herein. 6. MOTOR VEHICLES Wife shall retain sole and exclusive ownership of the 1998 Subaru Legacy in her possession and agrees to asswne sole responsibility for all outstanding encumbrances, if any. Wife shall retain sole and exclusive ownership of the 1987 Camaro. Husband agrees to deliver this vehicle to Wife with twenty (20) days of the date of this Agreement. Husband shall retain sole and exclusive ownership of the Dodge Truck in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Both parties agree to execute, within twenty (20) days of the date of this Agreement, any and all forms, titles and documents necessary to transfer the aforesaid vehicles from j oint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage with the exception of the following marital debt: Document #: 197160.1 OJ .....I.Il. . ""':0- ACCOUNT Fleet Mortgage MBNA Members 1 st Loan APPROXlMATEBALANCEDUE $60,000 $12,500 $3,300 Husband agrees to assume full and sole responsibility for the payment of the mortgage with Fleet Mortgage Group and he will indemnifY and hold Wife harmless from his failure to pay timely the mortgages. If Fleet Mortgage would begin foreclosure process upon said property, Husband agrees to cooperate in the surrendering of said property. Wife agrees to assume full and sole responsibility for payment of the following debts: a. MBNA b. Members 1" Loan Any debts or obligations incurred by either party in his/her individual name other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS AND lRAS Both parties waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be in any individual retirement account/investment account of the other party,ifany. 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. Document#: 197160.1 . - ',r..i.d I ,I~ - " M~~,. 10. AFTER-ACOUIREDPROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony but is made as part of the parties' equitable distribution settlement. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Wife shall be entitled to claim the dependency exemption for both of the children on all applicable tax returns and Husband agrees to take all necessary steps and sign all required Document#: 197]60.1 . " ,~... I '" , '" "~''''''rt documents to effectuate Wife's claiming the exemption. 13. HEALTH INSURANCE Wife agrees to pay for continued coverage under Wife's employer provided health insurance for the minor children. 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment ofhis/her own counsel fees and expenses. 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. Document #: 197160.1 " ~~. " I~ ," " " .~~:i,: 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3l05(a) of the Divorce Code, as amended. As provided in section 31 05( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 18. DATE OF EXECUTION The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date ofthis agreement" or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. AGREEMENT BINDING ON HEIRS Document#: 197160.1 ,"!;,j I , : 'I; , .' '~' ."~'j: . This Agreement shall be binding on and shall ensure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 23. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all Document #: 197160.1 . .~ - " I~; " , ~~, " ~'i'"","_....",~, ",",,,,-,,,,, t . reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS:. d ~. VJ{~h~ ri ,r/iielal . Document #: 197160.1 ,i l,~ , ~" .'': ~, , STATE OF ss COUNTY OF On this, the /5" day of /J?o rr h ,200 I, before me, the undersigned officer, personally appeared JOSEPH R. HARVEY, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. S-((-':?oo.:L My Commission Expires: Sworn to and subscribed before me this /S- day of march ,2001. JODI E. MILLER Notary Public, Slale of New Yor~ No. 01 M16006430 Oualified in Callaraugus Counw Commission Expires May 1 1. :l 00:2- , Document #: 197160.1 ~" , , ~ COMMONWEAL THOF PENNSYLVANIA COUNTY OF '/)l9vPffr,J ss On this, the 2fftrlay of )t;,e('j-f , 2001, before me, the undersigned officer, personally appeared JEANNETTE S. HARVEY, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WIlNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Sworn to and subscribed before me this -2/ Eday of J1/t,e.e ff ,2001. . NOTARIAL SEAL CAROL A. LYTER, NOTARY PUBLIC Harrisburg, Oauphin County My Commission Expires Dec. 28 2004 ~du:a~L -/ -12- ",,,>:;';""tlI!JilIfI:j'tl'JHt~1i~~,$ItL--'~ '~~-;,!t"i<~,lijj;Whi._k..!.;;@'--'i~_i!jM'!~iiillii!I!I~IIl_"~"'" L!~J. ."-~ ,,,., ~>~," ,,_" ~, c - i, L n--:--' ~ "0: ,~: :--..::'~: 5:C' " C1 <;.~ ..,:-:. :;! l' ,." , ".: ,,' ii 'j,~:' ;~..'! \.;.' ...,.; t:;:'J ~,:J -< j " ~ ",~ ., <,I '"' ~.' -~ --. ,'"' ' '-'" ;..,~'~ ,~ JEANNETTE S. HARVEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000-008832 JOSEPH R. HARVEY, Defendant : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on December 28,2000, and served on Defendant personally on December 27,2000. Affidavit of Service has been filed. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff- April 12, 2001, and filed April 17, 2001 Defendant- April 12, 2001, and filed April 17, 2001 (b)(I) Date of execution of Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiff's affidavit upon the defendant: N/ A 4. Complete the appropriate paragraphs: (a) Related claims pending: None Document #: 202442.1 " - ~; i . ""."",J':<."-, r (b) Claims withdrawn: None (C) Claims settled by agreement of the parties: N/ A (d) State whether any written agreement is to be incorporated into the Divorce Decree. Yes, Attached to proposed Divorce Decree as Exhibit "A". 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d)(1)(i) of the Divorce Code: N/A (b) Date plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: April 17, 2001 Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: April 17 , 2001. METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By L/1 ~ tLMa d - Jtr(l} eJ Melissa L. Stickel, Esquire Attorney J.D. No. 85,869 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: April 18, 2001 Document #: 202442.1 ":'1. I': ,,' , :...' ~"':""i61 . JEANNETTE S. HARVEY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-008832 JOSEPHR. HARVEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 18th day of April, 2001 I, Melissa 1. Stickel, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, Jeannette S. Harvey, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Joseph R. Harvey 6829 Rt. 353 Cattaraugus, NY 14719 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:~WtMf1 d. JhM Melissa 1. Stickel Document #: 202442.1 ,i ", ' ',;,,' , __ ",,' ~~~~/il;!M~~"".l!""~MJ~tj!jt_1ii O~"' ~'P""ti~.~~'f..r.;1!:lifu~~1:!;it!fti,"f'';'!i'~~i~.i-$>j;-~~'''"~ ~ -'~~ ," >>.. ,..,,~, ~~.. '''~ ~ "~ ~." ""',~.. ,~. ,'~~,', ~L C 5.~' -0 ;:::-~ C!.:!f--' ~' C?.- [::2 -:/1....', ..i>~~' ," :::7 -< filiil (::J ~rrL ;_1 I I <.,~~I ~, ., <-; \J:) ,=:--:;: i.':.", --I :< ,# " '"" ' : I I:: ". , ~ .'._ e'" ,__,y,J_";' '. . , JEANNETTE S. HARVEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. D6 - fJ'.3~ CIVIL ACTION - LAW : COMPLAINTINDIVORCE Cie>'-( '--r~ JOSEPH R. HARVEY, Defendant NOTICE TO: JosephR. Harvey, Defendant 512 Mill Race Road Carlisle,PA 17013 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 marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Liberty 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 TillS 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. C:tttl:Iber-llHl.8 CElliftty CVUlthuu~" eUUllL-\.dl1iilli~tJ.atul,4" Fluul ~. (b . ~ .{);;sad;J.~ One Liberty Square Carlisle, P A 17013 (71") ,)LJ.O_(;'JOO '717_ :JI/Cf-,Jfr..c.. Document #: 192781.1 1',,- I' , ,) ,.'.',-- " - ,. JEANNETTE S. HARVEY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ; NO. NJ- N3;t. ~ I~ JOSEPH R. HARVEY, Defendant : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Jearmette S. Harvey, an adult individual residing at 373 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania 17007 since August 17, 2000. 2. The Defendant is Joseph R. Harvey, an adult individual residing at 512 Mill Race Road, Carlisle, Cumberland County, Pennsylvania since 1994. 3. Plaintiffhas been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 5, 1993 in Boiling Springs, Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for armulment between the parties. 7. 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. 8. Two children were born of the marriage, Savarmah Bricker Harvey (d.o.b. 11/13/99), and Sierra Bassatt Harvey (d.o.b. 11/13/99). Document # 134065 -2- . LJ . ~ ,. , ..o>.~.. ,. COUNT! Divorce 9. The averments of paragraphs 1-8 hereof are incorporated herein by reference. 10. The marriage is irretrievably broken. 11. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant. COUNT II Equitable Distribution 12. The averments of paragraph 1-11 hereof are incorporated herein by reference. 13. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, enter an order equitably distributing marital property, and enter such other orders as are appropriate and just. Date: IJv}rJ ~/ r] METZGER, WICKERSHAM, KNAUSS & ERB By ~~ Jnjju Melissa 1. Stic el, Esqmre Attorney l.D. 85869 Attorneys for Plaintiff 3 211 North Front Street Harrisburg, P A 1711 0-0300 Attorney for Plaintiff Document # 134065 -3- ~ . ' ,-',.. &~'i~ ~ , , VERIFICATION I, Jeannette S. Harvey, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date 1~f)O/OD 4f~J Jeanette S. ey . Document # 134065 -4- , ~!!iil.....:;-~,;:,;.,,=~ """~jij~Jjtf\~ _~~"'l- ,~,~~,'~ 'U I -E:i''''-':.- ~_Oll!iil'-= " ,C ..~ ~Jmi~Jl!lf_rtIIil ~~ ~ t)q ~ "- '- --- r5? .......~ ~ pj C) h h 9; ~ B g~ 83 t? -- I I .~ r ~:b ~ I' J~ ",-,~... " . ,,",~ ,~,~ " " <. .< - "" '~~-',~",,"" .-~ ,'" J I ~.(-, " '"' _Ill ~ , () r:; "'~- ~~r ~~:: r":::L., ~~! :z -'J -<. (-~. ,S r~:J ~~~,~ ,'"-) :::'h '"'"4 ;"<~) CJ-l -1') :J: o",} (1.) . .. ~c. '.,: , " I G) i " 0 a,1 ~ .' c. . ' JEANNETTE S. HARVEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. No. 2000-008832 JOSEPH R. HARVEY, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 330 I (c) and (d) of the Divorce Code was filed on December 28, 2000 and served upon Defendant on December 27, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. L{ blo I J~,(!!!l(bm/1 Date: Document #: 198622.1 _:_-i,.'.~_~~itU~!:M1 ~""-"'~jr_~~ffi1f;Jii~:ra'1iitliRit~S<l'" 'ifiil~iMln' "1JiniG>ll~~~~f '" .: I il!iiilil<f;1!!'~g~~l1!~~l.~~ """ ' o ~ ...,.~ ;::'.' Vi, G)f.'\"; .....-- ..-'; / . (0" f::cj ~~,-, :€:(~5 ........C Z --, -< -~. ~,~~ ,.~,,~," '. ,e,c_."~",,,_,"",,< ,~_. = .~ ,~~ ,~ .~ ~ci c:-. ~ ".....,; i\..) <- ,.=. ~ =< '"--1 r . ~j . - "~",....: "'-""' . ' JEANNETTE S. HARVEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. No. 2000-008832 JOSEPH R. HARVEY, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) and (d) of the Divorce Code was filed on December 28, , 2000 and served upon Defendant on December 27, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: '1 \ n/\o I ey Document #: 198622.1 :;fu,,,",L.;;~~-. 'l!;"l.l!:~~~- ~~~ ~m~:::IJi;JiHfbM~~ .'" 'l:tlj:;:itt~,at)l\~K-:.idlJ"" ~~.i =,~, -, ~~,.L.-,~ ~'~lililJJi~:.d'~"'~".~..:J& l~' o:l>lll c ~ l:Jf.;': (1.;-:.::' Z::r 2::- (1) " --< c: :..:;::~ ~:C-: ~~ :3 " ,. ,.",-,,-iII:lliW!' I c' .~..; i'..) :::::1 '-' ::< ,." "~~. , " L ~. .~ - . '" . . . JEANNETTE S. HARVEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. No. 2000-008832 JOSEPH R. HARVEY, CIVIL ACTION - LAW Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER !l 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fIled with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to tJ.'1e penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifIcation to authorities. Date: '-1)\2-\0/ ~~..)~ c: Document #: 198622.1 . .""'~"'-~' ~"~ ' _, _~'.. ~ ~ ^ w _~jlt!t!..'''~ '~=--liil.jft'i.~~'M1_~_~~r:~kiwr- ..."'-".....,.''"''';.,~'ll~~:, "'"-t~ "~~fi~~ \.';\i,' rill'" -;> ',^, ze ce C:-:: -::.- .~> ,..-- ~r~ /.::.., --"I -:, - ~.. '^ ,", - =, ~. ,~ ,,'~ , . Co <._- ~; .~=' i"..1 ~~'l .-J ~ ::.< - ~ , I I , i I I - ~. . i ~ ~-~,.^. .' JEANNETTE S. HARVEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. No. 2000-008832 JOSEPH R. HARVEY, CIVIL ACTION - LAW Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER !I 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a [mal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fIled with the Prothonotary . I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date:~ Document #: 198622.1 ~ ';'F" ~;'I~~~~""""~"1i1 "'J1{~ikili'rtllj:-'l1!~1iJ.~~ .~, ij,M.'td1ili~HlIliiI~~: ~. ,'~ ' ""..:;,~ ,~ ~!. ~ ~,,- ;gt:":" z::: -/1- Us.> -<: :::,. !:=C ~::- 2""";"(-: ~g 2~ =2 '~ {\) "-.....1 ~. ",".ilIiIit; ~i -,--" ~ --~ -, ll: - ~ 1 "';,,1 ,(" ~. c.,~-,' <" -, .-, '""'^ _ ,;;;.o~ . . . . .,. .- JEANNETTE S. HARVEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PNNSYLV ANIA . Plaintiff . " -, . JOSEPH R. HARVEY, CIVIL ACTION - LAW ~ ~ ~ I\b ~ (.J :i':. 1'; Slt>-p\~-,...... i;~;:; (I>{\ "<:: ~ ' ::0' ~~-t:1\ , ~ Ii \0 ~..~'$ ~ R 'r 1': ~ ~ 0,- ~ ~ ~" &"< v. No. 2000-008832 Defendant. IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa 1. Stickel, Esquire, counsel for Plaintiff, Jeannette S. Harvey, hereby certify r- that a true and correct copy of the Complaint in Divorce was served upon Joseph R. Harvey, via hand delivery by Jeanette Harvey on December 27, 2000. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~ tj. lxiflw Melissa L. Stickel, ESquire I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Date: January 2, 2001 Document #: /93495./ ".' '-"1 '.. , ,'";.,"'~, ,~'~ ,-",,,,,"'~2'J~ ( .,-~.. ,,' JEANNETTE S. HARVEY, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PA v. NO. 2000-08832 JOSEPH R. HARVEY, Defendant CIVIL ACTION LAW - IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am the Defendant, Joseph R. Harvey. Date: I~-.::n- <7>~ \,~ do'i 1(\..Jj-:;J Mailing Address c..JO""(),;;)MV!tv~ IV Y jI/7fiJ Document #: 193283.1 "" ffli[~''''''' 'i~!ldjd~~a1it~'ft.~~"'" "'~', ~,"""" ,'~. ~ t1jui~~:~'j[1li:IIll1;"'~'''''ihi!jn:tHt!~iL~i'1i~''_M~~-'jr'' "' ~'~lifW,1.t;1[j-.U~'''~'' -. 'j , .. . --. ,_, ~,.,~~_, '~"~-"'~'0< ,,,,",".' ,,,,_ ,~~. ""_^"" """X,',, ""~"'''''' 'l>':""-"", ..,~p,v,' ',~, ."" _" ,"'~"". '.,,' n ',"~ o ~ -cf5 ff1fr Z:..c ~) ~~:) PC 2:: ---j -, ...w.;. c:> ",~ ",". ~.~JIH'" '--"-"~_1. j;1 r-":j -, :::-\ T' ~"'"J -< N <"