Loading...
HomeMy WebLinkAbout01-05733N THE COURT OF COMMON PLEAS AL.FXANDER_-D-.-. - DONSON ~---------------------------- --- - -- - ---- Plaintiff - - Versus ~RAG.~Y..L.._DONSON~..-_ -- -- - - _ - Defendant... ~Tp, 2001-5733 ................. 19 DECREE 1N 1 VORCE ~3:~{~jf~. AND NOW, .~ . ................~~. 1,~.~QO•z. it is ordered and decreed that .......... AI,EXANAIrR..R.. AQNSON ................ . plaintiff, 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; Marital, Settlemar~t, .ag~ee~~nt. dated, ,1 ,IJQ,vem4,er..~QO.ZR , ts..here.~y, s incorporated-into the Final Divorce Decree. s .ra- b.. rrA... 1 i e i 6 a i i and,,,,,~,,,.,,,,TRACEY,L,.,,DQNSON,,,,,,,,,,,,,,,,,,,,,,,,, defendant, ~%'~'~'~° l ~'' ~ ~°o. ». ~y ~~ ~~ _. rtlPl s4Po~~re%'SIM1'#N~W'43` W'+3'yg C-s°'s"Sn wawe9£R`.4PIfiRP'9NM~RR4+m38W13m{s4Hin. _;Sii .. ,. ..... 'i .. ._. i [IMm'&RS_ - - .. ~ eaReiN3A.t~~. ~. .. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~ day of ~~~fQ+'^'~ , 2002, by and between TRACEY L. DONSON (hereinafter called "Wife") and ALEXANDER D. DONSON (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on November 9, 1997; and WHEREAS, There has been one (1) child born of this marriage, to wit: HAILEY A. DONSON, born December 9, 1997; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either parry of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions ofthis Agreement. 3. WIFE' S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND' S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name -alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions ofthis Agreement with respect to the distribution and division of marital and 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 ofthis Agreement with respect to 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 the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. 2 Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 6. REAL ESTATE. The parties acknowledge that the jointly owned marital residence situate at 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Penn- sylvaniahas been sold, the net proceeds of which are being held in escrow. Such proceeds shall be divided equally between the parties; however, from Husband's share of the proceeds he agrees to reimburse Wife in the sum of $498,05 for a certain PP&L bill, and an additional $80.00 for a certain Comcast bill. The proceeds shall be distributed upon execution of this Agreement. ~9~~ The Hoke Septic Service bill ($145.00) not paid at the real estate ~lJ closing shall be paid from the escrow account prior to its division. 7. DIVISION OF PERSONAL PROPERTY. ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles ofpersonal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the vehicle currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the 2001 Ford Expedifion currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 8. HUSBAND'S BUSINESS. Wife hereby forever relinquishes any and all claims or interest she may have in Husband's construction business, known as Exterior Landscape Design, LLC. This specifically includes any and all real estate, equipment and inventory, accounts or miscellaneous property of whatsoever nature in connection with said business. Husband hereby assumes sole responsibility for any and all loans and obligations in connection with the aforesaid business, and shall indemnify, and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 9. CHILD SUPPORT. Husband shall pay child support to Wife in the sum of $500.00 per month pursuant to the Order of Support which is entered to PACSES No. 758103828, Court of Common Pleas of Cumberland County, or as such Order may be modified hereafter. 10. INCOME TAX. The parties agree to file a joint income tax return for tax year 2001. Husband shall be responsible for any tax liability resulting therefrom. Commencing tax year 2002, the parties shall file separate income tax returns, with Husband claiming Haley as a dependent for tax purposes in 2002 and 2003. Thereafter, Wife shall claim Haley in all even- numbered years and Husband shall claim Haley in all odd-numbered years. The parties agree to sign any documents which maybe required by the Internal Revenue Service to effectuate the terms herein. Any and all outstanding income taxes from 1997 through tax year 2001, whether incurred by the parties together or by Husband separately, shall be the sole responsibility of Husband, who shall indemnify and hold harmless Wife from any and all responsibility for payment of such taxes. 11. ALIMONY. Both parties agree to make no claim for alimony or alimony pendente lite now or at any future time, or in connection with the pending divorce action between the parties. 4 _,,-< .. 12. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 13. FINANCIAL DISCLOSURE. The parties have disclosed to each other. and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 14. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 15. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Conserit and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneouslytyith execution of this Agreement. 16. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as maybe available to him or her respectively. 17. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Husband, and Lori K. Serratelli, Esquire, attorney for Wife, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 19. WAIVER OF CLAIMS AGAINST ESTATE. 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 or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 20. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which maybe entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth heroin. 22. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 23. DESCRII'TIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. IItREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which maybe available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS WITNESS 8 r ' -~, . ~, , _-- -~ ~~ ALEXANDER D. DONSON, Plaintiff vs. TRACEY L. DONSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-5733 CIVIh TERM CNIL 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: Ground for divorce: irretrievable breakdown under Section L 3301 (cl ( ) 3301 (~ of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on October 15, 2001. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff November 1, 2002 ; by Defendant November 5.2002 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None Attorney for (X) Plamtiff ( )Defendant L,j ~,~G ALEXANDER D. DONSON, Plaintiff vs. TRACEY L. DONSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2001-~33 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 the divorce is indignities or nretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 J~ MAX J. SMTI'H, JR., quire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717)533-3280 ALEXANDER D. DONSON, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.2001-t j 7~ CIVIL TERM TRACEY L. DONSON, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, ALEXANDER D. DONSON, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, ALEXANDER D. DONSON, is an adult individual and citizen of the United States of America, who resides at 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, TRACEY L. DONSON, is an adult individual and citizen of the United States of America, who resides at 719 Florence Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about November 9, 1997, in Ocho Rios, Jamaica. 5. Plaintiff avers that there is one child of the parties under the age of 18, namely: HALEY A. DONSON, born December 4, 1997. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Dated: October ~ , 2001 MAX J. SMPI'H, JR squire JARAD W. HANDELMAN, Esquire James, Smith, Durkin & Connelly tsr P.O. Box 650 Hershey, PA 17033 (717)533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~_^ ~ ~~~~ ALEXANDER D. DONSON ALEXANDER D. DONSON, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2001-5733 CIVIL TERM TRACEY L. DONSON, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: l !- / - o ~ AL ER D. 0 ~'S ~L. ALEXANDER D. DONSON, Plaintiff vs. TRACEY L. DONSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5733 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 2, 2001. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. t5) 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. Sec. 4904 relating to unsworn falsification to authorities. ~~ - b5 - ~a DATED ~~~~ ~~ Tracey L.' nson r i _i ~ ft ~:1 j ~~ `C I . . ;i .} {~.l_~ ` rp y ~ _ ~y/J y~ ~p~j~!..-. .. - - .'x'~ - - - a~ w-X.e_a~~esam--nras~t~s~TO~~anwea ~~wsTx ^~ra m e=*..~~ -c-~,. .. _ ~c-wA^irza~a~ ;~msw:r~a _-. re~e+o~~mva ~rams~~ ALEXANDER D. DONSON, Plaintiff vs. TRACEY L. DONSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-5733 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301L) OF THE DIVORCE CODE I. I consent to the entry of a Final Decree of Divorce without further 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 T 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 ate 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: ~l' /- °L, AL ANDER D. D S N C^. r _~ L ALEXANDER D. DONSON, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2001-5733 CIVIL TERM TRACEY L. DONSON, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 4th day of October, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7001 1140 0002 8633 0022 at Hershey, Pennsylvania, addressed to: Tracey L. Donson 719 Florence Circle Mechanicsburg, PA 17055 Mailing and return receipt cards attached hereto. O M J. SMITH, ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 JAMES, SMITH, DURKIN & CONNELLY rir P.O. Box 650 Hershey, PA 17033 (717)533-3280 ,, ~,< p p ~;, '; '"'T, ,~ `c ~ m t y a "~~ «# m rn Postage $ .l 33 '~ ~ Certlfletl Fee a .~ ~,,,~,p ~ (Entlorsement Requ redJ f-~~ P ~'~~ ~,. ~ O Re3ldcted Dellve Fee (EnVOrsement RegViretl) , ~~ S e : y ~ ~" .,y ® N Jj p s TeMdl Postage & Fees $ '1 3'1 y J '~~ r9 enrr . ~,k r°l O O M1 i1p item 4 rf Rektrieteii qel very is desired. ^ Print your ngmeand 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 spade permits. ~ • Article Atldressed to: ~ ~CILe.+ ~' . ~JD.~-Scy-. "1I~I 3-lche.~CQ ,cj rcQe t'J055 2. Article Number (Tien,. PS ""' '°°yd `-^^r t%taanyl I B. Date of Delivery C S nature ^ Agent D. Is delivery atldress ~ p Adtlressee nt from kem 17 O• Yes If VES, enter delivery-address below: ^ No Type gad Mail ^ Return Rai ^ In ~I ^ C.O.D. 4. ResVicted Delivery? (Extra Fee) Merchandise 7001 114[1 002 8633 pQ22 Y1 Domeatlc Return Receipt 1029gb-01-M-7424 ~~ ;~. .- r+ ALEXANDER D. DONSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2001-5733 Civil Term TRACEY L. DONSON :CIVIL ACTION -LAW Defendant/Petitioner :IN DIVORCE PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS AND EQUITABLE DISTRIBUTION AND NOW COMES Tracey L. Donlon, Defendant/Petitioner in the above captioned action, by her attorney, Lori K. Serratelli and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. who petitions this Court for alimony, alimony pendente lite, counsel fees and costs and equitable distribution and avers as follows: 1. Petitioner/Defendant is Tracey L. Donlon, an adult individual residing at 4822B East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent/Plaintiff is Alexander D. Donlon, an adult individual residing at 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Respondent/Plaintiff filed a Complaint under Section 3301(C) of the Divorce Code on October 2, 2001. COUNTI ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS 4. By reason of the institution of the action to the above term and number, Petitioner/Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 5. Petitioner/Defendant's income is disproportionately lower than the Respondent/Plaintiffsfncome and Petitioner/Defendant is without adequate funds to pay the costs and expenses of this litigation, and is likewise, without adequate funds to maintain herself during the pendency of the litigation. 6. The Respondent/Plaintiff is self employed and earns at least $70,000.00 gross annually. 7. The PetitionerlDefendant is employed by Dom Portanova and Associates and earns approximately $15,360.00 gross annually. WHEREFORE, Petitioner/Defendant prays that your Honorable Court grant an Order upon Respondent/Plaintiff to pay your Petitioner/Defendant alimony pendente lite, counsel fees and costs of litigation. COUNT II ALIMONY 8. Paragraphs one through seven are hereby incorporated by reference herein. 9. Petifioner/Defendant is unable to adequately support herself through appropriate employment. 10. Petitioner/Defendant lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Petitioner/Defendant prays that your Honorable Court grant an Order upon Respondent/Plaintiffcompellfng the Respondent/Plaintiff topay alimony to Petitioner/Defendant. COUNT III EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are hereby incorporated by reference herein. 12. Petitioner/Defendant states that Respondent/Plainfiff and Petitioner/Defendant possess various items ofboth real and personal marital property which is subject to equitable distribution by the Court. 13. Petitioner/Defendant requests that this Court grant equitable distribution. WHEREFORE, Petitioner/Defendant prays that your Honorable Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) Grant such farther relief as the Court may deem equitable and just. Respectfully submitted, Lo ' natelli, Esquire SE TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Petitioner/Defendant VERIFICATION I verify that the statements made herein 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. `.. ~ 1 TRACEY L. NSON ALEXANDER D. DONSON, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANLA vs. : No. 2001-5733 Civil Term TRACEY L. DONSON :CIVIL ACTION -LAW Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that a copy of the foregoing was served upon the Plaintiff/Respondent on February 4, 2002, by depositing a copy in the United States mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 Lo ' erratelli, Esquire S TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Hamsburg, PA 17110 (717)540-9170 Attorney for Petitioner/Defendant //~ rr W c,., ~ d ~ ~. ~ ~, '~ r` (_ r~ ~ C7 r~ ~, C. fv -~ ~' -*'i ~ - r'~ n~r~ ;~ ~i k i ., C1 Ci' r 'Y r~4.--' ~.~ _- ~__ Y~ '\, (S: -C ALEXANDER D. DONSON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE N0.2001-5733 CIVII. TERM TRACEY L. DONSON, IN DIVORCE DefendantlPetitioner DR# 31460 Pacses# 297104253 ORDER OF COURT AND NOW, this 12s` day of February, 2002, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appeaz before RJ. Shaddav on March 1. 2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer tray recommend that an Order for Alimony Pendente Lite be entered. NOTE: This conference is being heard at the same time as the complaint for spousal support. YOU are further ordered to bring to the wnfexence: (1) a true copy of your most recent Federal Income Tax Return, including W-Z's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appeaz for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge MaIl copies on Pefltioner 2-12-02 to: < Respondent Max Smith, Esquire Lori Serratelli, Esquire Date of Order: February 12, 2002 '; "` ~ , '"~ R. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ALEXANDER D. DONSON, ) Docket Number 01-5733 crvlL Plaintiff /Respondent ) vs. )PACSES Case Number 297104253 /D31460 TRACEY L. DONSON, ) Defendant /Petitioner ) Other State ID Number ORDER AND NOW, to wit on this 1ST DAY OF MARCH, 2ooz IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PENDENTE LITE REQUEST filed On 02/05/02 in the above captioned matter is dismissed without prejudice due to: AN ORDER OF SPOUSAL SUPPORT BEING ESTABLISHED UNDER PACSES C#75810382$, DOCKETED AT 772 S 2001. ® The Complaint or Petition may be reinstated upon written application of the plaintiff petttioner. BY THE COURT: DRO: RJ Shadday xc: petitioner respondent Lori Serratelli, Esquire Kevin .Hess JUDGE €' d'-t1-0~ Service Type M Form 0E-506 Worker ID 21005 ~ ~ r; cv rv =,_, ~' ~ ~ i .__. i-~ .. ~ G ~. ~ y C ~ ~- -:.~ I'Pl T~ K ALEXANDER D. DONSON, Plaintiff/Respondent vs. TRACEY L. DONSON, DefendantlPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-5733 Civil Term CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWER. TO PETITION FOR ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS AND EQUITABLE DISTRIBUTION AND NOW COMES the Plaintiff/Respondent, ALEXANDER D. DONSON, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Costs and Equitable Distribution as follows: 1.-3. Admitted. COUNTI ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS 4. Denied. It is denied that Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and payment of costs. 5. Denied. Defendant is employed and is able to adequately support herself and to meet the costs and expenses of this litigation and is able to appropriate maintain herself during the pendency of this action. 6. Admitted in part, denied in part. It is admitted that Plaintiff is self employed. It is denied that Plaintiff earns at least $70,000 gross annually, as his actual earnings are considerably less. 7. Denied. Plaintiff is without knowledge of the truth of this averment, same being within the exclusive control of Defendant. Strict proof thereof is demanded. COUNT II 8. Neither admitted nor denied, as no response is required. 9. Denied. Defendant is gainfully employed and is therefore able to adequately stain herself. 10. Denied. Plaintiff has sufficient property to provide for her reasonable needs and is able to sustain herself completely through appropriate employment. COUNT III EQUITABLE DISTRIBUTION 11. Neither admitted nor denied, as no response is required. 12. Admitted to the extent that the parties are unable to agree upon an equitable division of marital assets. 13. Admitted to the extent that the parties are unable to agree upon an equitable division of marital assets. WHEREFORE, Plaintiff prays this Honorable Court to: (a) deny Defendant's request for alimony pendente lite, counsel fees and costs; (b) deny Defendant's request for alimony; (c) equitably divide the marital property remaining between the parties; (d) deny any and all other relief which has been requested by Defendant; and (e) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: April ~, 2002 n MAX J. SNIITH, JR., Esquire I.D. No. 32114 James, Smith, Durkin & Connelly LLr P.O. Box 650 Hershey, PA 17033 (717)533-3280 I verify that the statements made in this Answer are true and correct. I understand that false statements herein ate made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ALEXANDER D. DONSON ALEXANDER D. DONSON, Plaintiff/Respondent vs. TRACEY L. DONSON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5733 Civil Term CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of April, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff/Respondent, hereby certify that I have this day sent a copy of Plaintiff s Answer to Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Costs and Equitable Distribution by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Serratelli, Schiffman, Brown & Calhoon, P.C. Attn: Lori K. Serratelli, Esquire 2080 Linglestown Road Harrisburg, PA 17110 ~,~ i i MAX J: SMITI~/JR., Esquire James, Smith, Durkin & Connelly ur P.O. Box 650 Hershey, PA 17033 (717)533-3280 C N `~ ~ ~ '' - - ~ r :i7 ?t , ; ~ ~ , m `~ C= U ~_ ~i~ 3 ~ T DC n PU ~~ { ~ 3 IV -G ALEXANDER D. DONSON, Plaintiff vs. TRACEY L. DONSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5733 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA } } SS COUNTY OF CUMBERLAND } Tracey L. Donson being duly sworn according to law, deposes and says that she is the Defendant in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered and she hereby elects to resume her prior surname of Tracey L. Portanova and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, P.L. 1063, 54 Pa.C.S.A. 704. Tracey L. cnson To be known as " ~Q-C4-: S., ~ ~ 1 (Sl A 0.r. p~ C~_ Tracey L. ortanova Sworn and subscribed to before me this ~13rQ day of ~.~1k'1MntL. 2003. tdOTARIAL SEAL CAROL A. MOVER, Notary ew Cumbedand Boro.Cumbei 15, 2006 w (~ ~ ~ c 0 \~ \/~ ~./ ('(~ !" r~+ ~` ~- -cst r!rrr~ `_r. ~, r t': 4 ~-f~ ~(_ ~, -~ r-~s :,~ 3 C-~ ~,, '.. ~ fey ~„ ,r :~_ ~ ~=: `' ~_ ~tii { ~j ~~~