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HomeMy WebLinkAbout03-2701PENNSYLVANIA Brad Plevyak Pennsylvania Divorce 6/8/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Brad David Plevyak 13 Fortuna Lane Enola, Pennsylvania 17025 SS#: 205-50-4328 Plaintiff Aimee Lynn Plevyak 5079 Stacey Dr E, Apt 201 Harrisburg, Pennsylvania 17111 SS~: 179-80-9716 Defendant V$, NO. ~)~ ~ ~-7 ~l D(VORCE NOTICE TO DEFEND AND CLAIM RIGHT,,; 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 warned that if you fail to do so, the Case may proceed without are the Court. A judgment may a~so be entered against you for any other claim or relief requested in you and a Decree of Divorce or Annulment may be entered against you by these papers by Plaintiff. You may lose money, property or other righ(~ important to you, including the right to demand marriage Counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSEs BEFORE TIlE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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: Dauphin County Bar Association Lawyer Referral Service Dauphin County, Harrisburg,: (717) 232-7536 Page 20 of 25 PENNSYLVANIA Brad Plevyak Pennsylvania Divorce 6/8/2003 IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Bred David Plevyak SS~: 205-50-4328 : Plaintiff vs. .. No. Aimee Lynn Plevyak : SS#: 179-80-9716 : DIVORCE Defendant .' 03 COMPLAINT ND R SECTION 3301 C OF THE DIVORCE CODE 1. Plaintiff is Bred David Plevyak, who currently resides at 13 Fortuna Lane, Enola, Pennsylvania 17025. He has resided at this address at least since Oc~ber 1999. 2. Defendant is Aimee Lynn Plevyak, who currently resides at 5079 Stacey Dr E, Apt 201, Harrisburg, Pennsylvania 17111. She has resided at this address at least since November 2002. 3. Plaintiff has 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 9/9/2001, at Honeymoon Island, Dunedin, Florida, County of Brevard. 5. Neither p a ntiff nor defendant is in " its allies within the nrovisi .... · ........ the military or naval sen/' · _ and its amendmentS. '~' '° u, me ~ololere' and Sailors' Civil Relief %~eo~ft~heecUo~sSstoa~e¢9~; 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The plaintiff is aware of the availability of Counseling and of the dght to request that the Court require the parties to participate in Counseling. 8. The marriage is irretrievably broken. 9. An original Copy of the marriage certifiCate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits Consenting to a divorce after ninety (90) days have elapsed f~om the date of the filing of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce PUrsuant to §3301 (c) of the Divome Code. Page 12 of 25 Date: PENNSYLVANIA Brad Plevyak Pennsylvania Divorce Plaintiff (Pro Se) ~ 6/8/2003 Page 13 of 25 l~arta=t'ofl~ultb. 'v'itd Star, Ii. STATE OF FLORIDA- MARRIAGE RECORD TYPE IN UPPER CASE USE BLACK INK 200102603 (APPLICATION NUMBER) (STATE FiLE NUMBER) CFN:2001200414 09-19-2001 10:06 am O. Eoo~:Page: 4423 / 0491 Scott Ellis Clerk Of Courts. Brevard County #Pgs: 1 #Names: 2 Trust: 9.00 Rec: 0,00Serv:0.00 Deed: 0.00 Excise: 0.00 Mtg: 0.00 ~ Jnt Tax; 0.00 APPLICATll -- STATE OF IHEREBY( tree copy ~ the SCO'IT ! PENNSYLVANIA Brad Plevyak Pennsylvania Divorce 61812003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Brad David Plevyak SS~: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS.~: 179-80-9716 Defendant VS. NO. DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., Subsection 4094, relating to u nswom falsification to authorities. Date: Plaintiff Page 15 of 25 PENNSYLVANIA Brad Plevyak Pennsylvania Divorce 6/8/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Brad David Plevyak SS~: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS~: 179-80-9716 Defendant VS. DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Brad David Plevyak, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his own knowledge that the Defendant Aimee Lynn Plevyak herein is not in the military service as defined in the Solders' and Sailors' Relief Act of 1940 and its Amendments thereto, for the following reasons: At no time during our marriage have I ever withessed my spouse report to or make contact with military personnel.. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. Signature of Plaintiff IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: NOTARY PUBLIC MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Page 17 of 25 Marital Separation and Property Settlement Agreement AGREEMENT, made this- ~)¢¢J day of June, 2003, between Bred David Plevyak (hereinafter referred to as Husband) and Aimee Lynn Plevyak (hereinafter referred to as Wife). EXPLANATORY STATEMENT The parties were marded in Brevard County, Florida, on Sepfeml:er 9, 2001, in a civil ceremony. No minor children have bean born of or adopted by said marriage,. Differences have adsen betwean the parties and they are now and have been since November 7, 2002, living separate and apart from one another, voluntarily and by mutual consent with the purpose and intent of ending their marriage. It is the desire of both parties in this Agreement to determine, set[le, and formalize their duties and obligations to each other and any issues regarding alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in madtal property, and all other rights, claims, relationships or obligations betwean them adsing out of their marriage or otherwise, and each party having general knowledge of the properties owned by them separetely and jointly and of their respective means, obligations and needs. NOW, THEREFORE, in consideretion of the promises and mutual covenants and understandings of each of the parties, the parties hereby mutually agree to the following: 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 or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa. C.A. Section 3301(c). 2. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separetely and independently of the other. Accordingly, and in consideration of the terms of this Agreament, the provisions contained herein for the respective benefit of the parties, and for other good and valuable considerefion, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporery, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or dght to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself. 3. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf. Each party waives any interest they have in the other's medical insurance proceeds. 4. DISPOSITION OF PROPERTY THE MARITAL HOME. The parties own as tenants by the entirety, in fee simple, the property known as 13 Fortuna Lane, Enola, Pennsylvania 17025, which property is presently occupied by the Husband. It is the intention of the parties that the Husband shall be the sole owner of the madtal home, thus it shall remain as currently deeded. PERSONAL PROPERTY. The parties agree with respect to their personal property as follows: The 1997 Saturn SC2, Vehicle Identification Number 1G8ZH1277VZ164388, shall become the property of the Wife, and, contemporaneously with the execution of this Agreement, the Husband will execute all documents necessary and appropriate to convey title of said automobile to the Wife. The Wife shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Husband harmless as to the operation, maintenance, and all financial obligations arising out of the ownership of said vehicle. The 2001 Dodge Dursngo, Vehicle Identification Number 1B4HS28N91F593216, shall become the property of the Husband, and, contemporaneously with the execution of this Agreement, the Wife will execute all documents necessary and appropriate to convey title of said automobile to the Husband. The Husband shall thereafter be solely responsible for all expenses arising from such vehicle, and shall hold the Wife harmless as to the operation, maintenance, and ail financial obligations arising out of the ownership of said vehicle. The parties have divided between them, to their mutual ,=~tisfaction, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, and neither party will make any claims to any such items which are agreed to be owned by the other. The parties shall separate all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other financial assets currently titled in one or both parties' names and legally madtal proparty. Contents of Wife's pdmary bank account will become property of Wife, and contents of Husband's primary bank account will become property of Husband. OTHER PROPERTY. The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither par~y will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or' her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 5. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policy or policies. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. 6. RETIREMENT BENEFITS The Husband and the Wife both agree to waive and release any rights or claims they may now have, or at any future time would have had, to any retirement pay, benefits or privileges earned by the other party before, dudng or after this marriage. The Husband and Wife both agree to waive all right to claim any iinterest or share in the other party's Individual Retirement Accounts. 7. ESTATE PLANNING INHERITANCE. The parties each forever waives all dghts to inhedt from the other party and dghts to receive any property on the death of the other party, except by reason of a will, codicil, or republication of will by the other party executed subsequent to this date. The parties recognize that this waiver includes dghts that they otherwise might have or acquire under 20 Pennsylvania Statutes 2203 et seq., any amendment thereof, or any successor statute. The foregoing, however, shall not bar a claim on the part of either party for any cause adsing out of a breach of this Agreement dudng the lifetime of the deceased party against whose estate such claim may be made. ADMINISTRATION. The parties forever waive all rights to act as administrator of the other party's estate and all dghts to request or petition for the appointment of any person to serve as such representative or to act as the executor of the other party's 'will, unless expressly named in a will, codicil, or republication of will by the other party executed subsequent to this date or by reason of the insurance policy specified in the section above title,'] "Disposition of Property." 8. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the other's credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make pumhases on the credit of the other. CREDIT HISTORY. The parties acknowledge and agree that thE; credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only. The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage. Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife adsing out of the credit information provided to her. COMPLIANCE. At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE. Except as otherwise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable. Each party covenants and warrants that there are no debts or obligations or any kind incurred by him or her and binding on the other party. Except as otherwise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the dght to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never bean married. 9. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT This Agreement shall be eff~=~five as of the date of this Agreement. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date. REPRESENTATION The Husband and Wife each acknowledge that they have had the opportunity to retain counsel but have decided not to do so. The parties fully understand the facts and terms of this Agreement and enter into it voluntarily. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may recover his or her reasonable attorney's fees and costs. COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation [~es, and travel expense, incur~d by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party. Any such costs incurred by a party in the successful defense to any action for enfOrcement of any of the agreements, covenants, or provisions of this Agreement shall be ~ome by the party seeking to enforce compliance. TAX RETURNS The parties shall file separate Federal and Pennsylvania income l~ax retums for the taxable year 2003. The Husband shall indemnify and hold harmless the W~fe against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax returns with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly. INTEREST DEDUCTIONS AND DEPRECIATION. At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive the interest deductions and depreciation attendant thereto. COOPERATION REGARDING CLAIMS AND DEFENSES. The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. 'l'he party receiving such notice from a taxing authority shall provide a copy of the notice to the other party. The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns flied (or to be filed) for the calendar year 2002 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. The parties shall equally collect all claims and pay all expenses. RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the madtal relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for a dissolution of the marriage or any defenses either may have to any such cause of action. The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties. AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance fi.om the date of separation and thereafter, with no contribution required fi.om the other party. SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver or either pa~,'s individual rights to receive Social Secudty or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with applicable law. BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, adrninistrators, executors and assigns. SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns. GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania. The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All pdor agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force. No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed headng. RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data ragarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data. MODIFICATION The parties at any time may, by mutual consent, amend or medi~l the terms of this Agreement, provided that any medification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall r~ot be deemed a waiver of any subsequent breech or default. FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations. In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses including, but not limited to, attorneys' fees and costs incurred as a result of such failure. SUBMISSION TO COURT This Agreement may be submitted by either party to any court before which a petition for the dissolution of the mardage may be pending for approval by the o~urt and for incorporation into final judgment decreeing the dissolution of the marriage. SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependent for its effectiveness upon such approval or incorporation, nor be otherwise affected thereby. RECONCILIATION The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the previsions of this Agreement having to do with the settlement and disposition of the property rights of the parties and their respective realty and personality, as set forth herein. DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resolve their dispute after conferring, either party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by beth parties. Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator. The reasonable costs and expenses of the mediator shall be borne equally between the parties. In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. tt is agreed and understood that this waiver constitutes a waiver of tdal by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party. NOTICES All wdtten notices and demands that either of the parties give to the other party in connection with this Agreement, or any to personal service, by mailing the notice or demand in a sealed envelope addressed to the party and with postage fully prepaid by certified mail, return receipt request~. Any service to the Husband shall be addressed to him at 13 Fortuna Lane, Enola, Pennsylvania 17025, or another address designated by him in writing to the Wife. Any service to be made on the Wife shall be addressed to her at 5079 Stacey Dr E Apt 201, Harrisburg, Pennsylvania 17111, or another address designated by her in writing to the Husband. IN WITNESS WHEREOF, the parties hereto have set their hands and seals tp two counterparts of this Agreement, each of which will constitute an original, this ~ a~d day of Brad David Plevyak, Husband _ WitneSs ~ / ~mee Lynn Plevya~ wife ~ _ (,..~- Witness COMMONWEALTH OF PENNSYLVANIA, COUNTY OF C~u~l~v~SS.: On this ~..~ day of ,~ L~ ~(, ,20 0'~ , before me, the undersigned officer, personally appeared Bred David Plevyak, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public My commission expires on Ne~'ial Seal Cyndi M, WriSt Notary Public Silver Spring 'IVy, ~umberland County My Commission Expires Apt, 1~. 200/ Me~, COMMONWEALTH OF PENNSYLVANIA, COUNTY OF~'~'~ I,,,~/, SS.: On this ~--~ day of .~ I~ r~- ,20" ~, , before rne, the undersigned officer, personally appeared Aimee Lynn Plevyak, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the uses and purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public My commission expires on IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Brad David Plevyak SS~: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS~: 179-80-9716 Defendant VS. No. 2003-02701 DIVORCE AFFIDAVIT OF NOTICE Brad David Plevyak, Plaintiff, being duly sworn according to law, deposes and says that Bred David Plevyak is the Plaintiff in the above captioned matter, that the Plaintiff has sent copies of the Complaint, properly endorsed, in Divorce to Aimee Lynn Plevyak of Harrisburg, Pennsylvania 17111 (by registered mail, postage prepaid, return rec, eipt requested to 13 Fortuna Lane, Enola, Pennsylvania 17025), the Defendant's last known address. SWORN and SUBSCRIBED to before me this ,2.~ day of .~L,_r~, , ;Z~C,~, . Notary Public Plaintiff Nomial Seal Cyndl M. Wright, Notary Public Silver Spring Twp., Cumberland County Mb' Comml~ion Expires Apr. 15, 200/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Brad David Plevyak SS~: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS~: 179-80-9716 Defendant VS. No. 2003-02701 DIVORCE AFFIDAVIT AS TO SIGNATURF Bred David Plevyak, being duly sworn according to law, deposes and says that he is the Plaintiff in the above-captioned divorce; that he is familiar with the signature of the Defendant; and that the signature on the return receipt attached hereto as Exhibit "A" is the signature of the Defendant. IN WITNESS THEREOF, I have hereunto set my hand and seal. NOTARY PUBLIC · Complete items 1, 2, and 3. Also complete item 4 if Restricted De,very is desired. · Print your name and address on the reverse so that we can ratum the card to you... · Attach this card to the back of the mallp~ece, item 17 or on the front if space permits. D. if yES, enter delive~J address betow; l-I No 1. A~icle Addressed to: I E3 ~nsumd T~ E3 c.o.D. (Transfer from service lade/) ~ 102595-02-M-15401 ~omestic Return ReCeipt PS Form 3811, Augus[ zuu UNITED STATES POSTAL SERVICE ~SS Mail ~ ~ .Po_stage & Fees Paid! I usPs- / · Sender: Please print your name, address, and ZIP+4 in this box · t---~/OLA, PA 17o~E IN THE COURT OF COMMON PLEAS OF CUMBERLAND ,COUNTY, PENNSYLVANIA FAMILY DIVISION Bred David Plevyak SS~: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS~: 179-80-9716 Defendant VS. No. 2003-02701 DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301{c) DIVORCE DECREE To: Aimee Lynn Plevyak, Defendant You have signed a section 3301(c) affidavit consenting the entry of a divorce decree. Therefore on or after September 7th, 2003, the other party can request the Court to enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the day in the paregreph above, or the Court may grent the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. LAWYER REFERRAL AND INFORMATION SERVICE PHILADELPHIA BAR ASSOCIATION 1101 MARKET STREET, 11TH FLOOR PHILADELPHIA, PENNSYLVANIA, 191(;)7-2911 TELEPHONE: (215) 238-6333 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Brad David Plevyak SS#: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS#: 179-80-9716 Defendant VS. No. 2003-02701 DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(c) OF THE DIVORCE CODE I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that I must file my economic claims with the Clerk of the Family Court in wdfing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divome decree may be entered without further notice to me, and I shall be unable to file any economic claims. I verify that the statements made in this counter-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 unworn falsification to authorities. Date: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Brad David Plevyak SS#: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS#: 179-80-9716 Defendant VS. No. 2003-02701 DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 9th, 2003. 2~ The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi'om the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose dghts concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and con'ect. I understand that false statements herein made are subject to the penalties of 18 PA C.S. Sec 4904 relating to unswom falsification to authorities. Plaintiff SWORN and SU.~CRIBED to before me this <~r~ day 0 f ~r-'z,.t~-.~5 ~[ , _,~,~_.~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTY, PENNSYLVANIA FAMILY DIVISION Brad David Plevyak SS~: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS#: 179-80-9716 Defendant VS. No. 2003-02701 DIVORCE AFFIDAVIT OF CONSENT 1~ A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 9th, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request enBy of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA C.S. Sec 4904 relating to unswom falsification to authorities. SWORN and SUBSCRIBED to before me this ~,"rl,- day o3c Mary J. Oouffer, Notary Public J Silver Spri~g Twp., Cuml~land County I My Commission Expires Nov, 17, 2003 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND ,COUNTY, PENNSYLVANIA FAMILY DIVISION Bred David Plevyak SS~: 205-50-4328 Plaintiff Aimee Lynn Plevyak SS~: 179-80-9716 Defendant vs. No. 2003-02701 DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Trensmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Consent 2. Date and manner of service of the complaint: On June 16th, 2003 the Defendant was served by Certified Mail. 3. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: September 8th, 2003; Date of filing and service of the plaintiffs affidavit: upon the respondent: September 8th, 2003. 4. Related claims pending: No economic claims were raised in this action for divorce Date plaintiffs Waiver of Notice was filed with the prothonotary: September 22nd, 2003. Date defendant's Waiver of Notice was filed with the prothonotary: September 22nd, 2003. Date: IN THe COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~J~ PENNA. No. :~_.OOB- OZ?OI VERSUS DECREE IN Divorce AND NOW,~ DECREED THAT AND 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; ATTEST:/-~ PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA File No. ~ ~-~- IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] __ prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decree in Divorce dated (~5Ct)~L~ ]C~IS(2L~ hereby elects to resume the prior surname of '~ t~ % , and gives ttfis written notice avowing his / her intention pursuant t~the provisions_~54 P.S. 704.. Sig~atUre-o¥ name being resumed COm ONW A T oFyE s vx r ) On the'~l ~°l-day o~O~ ,200~, before me, ~e Pro~onot~ or ~e not~ public, pmon~ly appe~ed ~e above affi~t ~om to me to be ~e person whose nme is subscribed to ~e M~ docment ~d ac~owledged ~at he / she executed the forego~g for ~e p~ose there~ contmed. h Wimess ~eof, I have here~to set my h~d here~to set my h~d ~d offici~ seal. ~tary Public