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61
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
?i
STATE OF PFW PENNA.
PAMELA S. LOVE, I 99-4740
Plaintiff N o... ........... ..... .......... 19
Vclsus
DAVID W. LOVE,
Defendant
DECREE IN
DIVORCE
AND NOW,....%kA.4 ;. -4 ........ U.20.0.0, it is ordered and
PAMELA S. LOVE
decreed that .................................................. plaintiff,
and .............. DAVID. -W.. LOVE........................... , defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of re
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d in this action for which a final order has not yet
been entered;
The parties' Marital Settlement Agreement dated March 23 , 2000
...........................................................................
shall be incorporated but not merged into t 's D'v ce Decree.
P
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Dy The Cou t• °
1.64
Attest:
Prothonotary °
POST-NUPTIAL AGREEMENT
THIS AGREEMENT made and entered into this p?&JC day of
March, 2000 by and between:
PAMELA S. LOVE, of 813 y, Fairfield
Street, Mechanicsburg, Cumberland
County, Pennsylvania, party of the first
part, hereinafter called "Wife",
AND
DAVID W. LOVE, of 4900 Creekview Road,
Mechanicsburg, Cumberland County, Pennsylvania,
party of the second part, hereinafter called
"Husband";
WITNESSETH:
WHEREAS, Husband and Wife were married to each other on June
4, 1983 in Cumberland County, Pennsylvania and last resided
together at 1375 Williams Grove Road, Mechanicsburg,
Pennsylvania; and
WHEREAS, the parties are the natural parents of three minor
children whose names and dates of birth are:
Michael D. Love, born February 21, 1986;
Amanda N. Love, born June 24, 1989;
Dustin T. Love, born June 12, 1996; and
WHEREAS, during their marriage the parties accumulated
various assets and property which is more fully itemized and
identified in a certain list or schedule attached hereto marked
"Exhibit All and incorporated herein by reference thereto; and
WHEREAS, certain differences have arisen between the
parties, as a consequence of which they have separated and now
live separate and apart from each other; and
WHEREAS, Wife commenced an action in divorce docketed to No.
99-4740 Civil Term in the Court of Common Pleas of Cumberland
County, Pennsylvania (hereinafter called "Divorce Action"); and
WHEREAS, Husband is represented by Philip H. Spare, Esquire
of the firm of Snelbaker, Brenneman & Spare, P. C. and Wife is
represented by Barbara Sumple-Sullivan, Esquire, sole
practitioner; and
WHEREAS, the parties having a full opportunity to be advised
of their respective rights, duties and obligations arising out of
the marriage and each having a full opportunity to investigate
and evaluate the assets, liabilities and all other aspects of
each other's property and their jointly owned assets and
liabilities, have come to an agreement for the final settlement
of their property and affairs.
NOW THEREFORE, in consideration of these presents and the
mutual covenants, promises, terms and conditions hereinafter set
forth and to be kept and performed by each party hereto, and
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intending to be legally bound hereby, the parties mutually agree
as follows:
1. INCORPORATION OF PREAMBLE. Tile foregoing preamble and
paragraphs are incorporated by reference herein in their
entirety.
2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION.
The parties agree that the items of property set forth in
"Exhibit All are all of the assets which they acquired during
their marriage and which would be the subject of equitable
distribution if submitted to a court for division under the
provisions of the Pennsylvania Divorce Code. The parties declare
and agree that they are familiar with said assets and hereby
waive the evaluation thereof, although each party declares that
she/he has had full opportunity obtain such evaluation.
3. DIVISION OF ASSETS. Upon the execution of this
Agreement and except as otherwise provided, the parties agree to
divide, allocate, retain and/or transfer the assets shown on
"Exhibit All as follows (the items numbers refer to the
corresponding numbers on "Exhibit A"):
A. ASSETS TO WIFE
1. Fifty percent (50%) of the net proceeds, after payments
of liens and marital debt as set forth elsewhere in
this Agreement, from the sale of the marital residence
located at 1375 Williams Grove Road, Mechanicsburg
(Monroe Township) Cumberland County, Pennsylvania;
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Fifty percent (50%) of the March 7, 2000 value of
Husband's Individual Retirement Account with Salomon
Smith Barney Account No. 724-61844-15 409 pursuant to a
Qualified Domestic Relations Order;
Life insurance policy or policies on Wife's life
together with a cash payment of $557.89 representing
fifty percent (50%) of the difference between the March
7, 2000 cash values of the parties' respective
policies. Said cash payment to be credited at the time
of the distribution of the proceeds from the sale of
the marital home.
4. Fifty percent (50%) of the Parties' joint savings
account at York Federal Savings and Loan Account No.
090080433 and joint checking account at York Federal
Savings and Loan as previously disbursed;
5. 1994 Chrysler Town & Country minivan with a stipulated
value of $10,000.00;
6. Fifty percent (50%) of the proceeds from the sale of
the 1989 Corsair Travel Trailer as previously
disbursed;
7. Household goods, furniture and other tangible personal
property currently in Wife's possession.
B. ASSETS TO HUSBAND
1. Fifty percent (50°s) of the net proceeds, after payments
of liens and marital debt as set forth elsewhere in
this Agreement, from the sale of the marital residence
located at 1375 Williams Grove Road, Mechanicsburg
(Monroe Township) Cumberland County, Pennsylvania;
2. Fifty percent (50%) of the value of Husband's
Individual Retirement Account with Salomon Smith
Barney Account No. 724-61844-15 409;
3. Life insurance policy or policies on Husband's life;
4. Fifty percent (50°s) of the Parties' joint savings
account at York Federal Savings and Loan Account No.
090080433 and joint checking account at York Federal
Savings and Loan as previously disbursed;
-4-
5. Cash payment for five thousand dollars ($5,000.00)
representing fifty percent (50%) of the value of the
1994 Chrysler minivan. Said cash payment to be
credited at the time of the distribution of the
proceeds from the sale of the marital home;
6. Fifty percent (50U of the proceeds from the sale of
the 1989 Corsair Travel Trailer as previously
disbursed;
8. Household goods, furniture and other tangible personal
property currently in Husband's possession.
4. MARITAL HOME. Parties recognize that the marital home
located at 1375 Williams Grove Road, Mechanicsburg, Pennsylvania
is currently listed for sale with Central State Realty, Inc., a
local real estate broker. An Agreement of sale has been signed
and closing is expected to occur by the end of March 2000. Upon
sale of the home, the proceeds will be divided equally between
the parties after payment of:
a) reasonable, customary and necessary closing costs
(including, but not limited to, radon remediation,
if any;
b) reimbursement to Husband for payment of $235.00 for
septic inspection bill to Dillsburg Septic;
c) payment to Zimmerman's Plumbing & Heating (or
reimbursement to party making the payment) of
$650.00 for reverse osmosis work);
d) the mortgage obligation, the Parties' marital
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BOO P e
credit card debtQ the CoreStates loan for the
minivan and the orthodontist debt;
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e) credit to Wife in the amount of $557.89
representing fifty percent (50%) of the difference
between the respective values of the parties' life
insu,p?a? ce policies,-/ f6V1'0/U?4h7 /? GW-
f) credit tH1?h?qlo S5-,0 O.ODb
representing fifty percent (50%) of the stipulated
value of the 1994 Chrysler minivan.
Any return of escrow amounts from the mortgage lender or refund
from the homeowners' insurance policy shall be divided equally
between the parties.
Until such time as final settlement on the sale of the
Marital Home, husband shall be solely responsible for payment of
the mortgage, utilities and miscellaneous household expenses.
5. CUSTODY AND CHILD SUPPORT. The parties shall
continue to enjoy shared legal custody and shared physical
custody of the parties' minor children on the recurring two-week
schedule as follows:
Week One: Alternating days of physical custody Monday
through Thursday, beginning Monday with Wife. Friday through
Sunday with Wife.
Week Two: Alternating days of physical custody Monday
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through Wednesday beginning Monday with Wife. Thursday
through Sunday with Husband.
The parties shall continue to share physical custody of
the children on all Holidays and other special occasions as
agreed.
Husband agrees to pay child support to Wife in the amount of
$705.00 per month for the three minor children based upon their
calculations under the Pennsylvania Support Guidelines under the
cur ent income of the arties and urrent joint
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arrangement. Husband shall continue to provide
for the children so long as it remains available at no cost to
him through his current employer
So long as the three children
are eligible, Husband shall be entitled to claim two (2) of the
three (3) children as dependents for purposes of income taxation.
When only two (2) of the children are eligible, the parties
shall each claim one child as a dependent for purposes of income
taxation. When only one (1) child is eligible, the parties shall
alternate claiming said child as a dependent for purposes of
income taxation with Husband claiming the child in the first such
year. The parties shall cooperate in the completion and
execution of any and all forms or documents as may be required to
accomplish the foregoing objectives. In the event of changed
circumstances, the parties will attempt to negotiate an
agreement. In the event an agreement cannot be reached, either
O
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party may file for a modification with an appropriate court or
domestic relations office.
6. MARITAL DEBT. The parties agree that the only
marital debts are as follows:
A. Credit card debt:
1. Sears charge Account No. 5484071 09602 9 with a
balance of $466.00 as of May 14, 1999.
2. GE MasterCard Account No. 5440 5700 00133933
with a balance of $878.00 as of may 14, 1999.
3. Discover Card Account No. 6011 0025 6051 6908
with a balance of $854.00 as of May 14, 1999.
4. Partners First MasterCard Account No. 5412 8424
1004 9015 with a balance of $3,111.00 as of May
14, 1999.
Wife shall be responsible for fifty percent (50%) of
the credit card debt as of May 14, 1999 less credit for the
$60.00 monthly contribution she has made to husband in the
form of reduced support payments since May 1999. Husband
shall be responsible for payment of fifty percen (50& of
the credit card debt as of May 14, 1999 plu i? amounts
incurred since May 1999 and interest ecru d since May 1999
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The credit card debt shhall be paid in full from the ??BT
proceeds of the sale of the marital home e -8-
B. Other debt:
1. Fred Alba, orthodontist with a balance of
$630.00 as of February 1, 2000.
2. CoreStates Bank loan for 1994 Chrysler Town &
Country minivan with a current balance of approximately
$2,059.42 as of March 1, 2000.
3. GMAC Mortgage loan on marital home with a
principal balance of $81,162.00 as of January 16, 2000.
The Orthodontist debt, CoreStates loan and GMAC
Mortgage loan shall be paid in full in equal amounts by
both parties from the proceeds of the sale of the marital
home.
7. MUTUAL CONSENT DIVORCE. It is the intention of the
parties, and the parties agree, that by this Agreement
they have resolved all ancillary economic issues
related to the dissolution of their marriage and that a
no-fault divorce shall be granted by mutual consent of
the parties. Wife shall withdraw the Indignities Count
and related paragraphs contained in the Complaint in
Divorce filed by Wife in the Divorce Action within ten
(10) days of the execution of this Agreement.
8. LIFE INSURANCE. The parties have the following life
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insurance policies:
A. Insured: Michael Love. Policy No. 2219796 with an
annual premium of $128.00. Husband to be
responsible for payment of this premium.
Beneficiaries to remain Husband and Wife;
B. Insured: Amanda Love. Policy No. 0020370470 with
an annual premium of $109.00. Wife to be
responsible for payment of this premium.
Beneficiaries to remain Husband and Wife- aq3
C. Insured: Pamela Love. For any policy} on the life
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of Wife, Wife shall be the owner of said policy,
Wife shall be responsible for premium payment and
Wife may designate the beneficiary. fop1000
D. Insured: David Love. For aay policyA on the life of
Husband, Husband shall be the owner of said policy, 0
Husband tur be respons}pl le for/premium paym?ents,,,,??/fl/,/p'"
am, pr/ ?J
UAULL and Husband designat??ttbf efic ary4
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The parties agree to cooperate with on another in t e near (fu(?
future to obtain a life insurance policy on the life of p? C41
Dustin substantially similar to the policies currently on ?r CL
the lives of the other children. The parties shall share
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premiums equally and both parties shall be named as equal ?(p?Cbny''?IUa,?C
beneficiaries. W)L -Vdt
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9. POST-SEPARATION OBLIGATIONS. The parties agree that any
and all obligations incurred subsequent to May 14, 1999, the date
of separation, shall be the sole and separate liability and
responsibility of the party incurring the obligation. Each party
agrees that he/she will not incur or attempt to incur any
obligations for or on behalf of the other party and will
indemnify and hold harmless the other party of and from any and
all liability arising from such post-separation and/or future
obligations.
10. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as
specifically provided to the contrary hereinabove in this
Agreement, each party hereby waives and forever releases the
other party of and from any and all claims which either may have
against the other by reason of and pursuant to the Pennsylvania
Divorce Code (and the divorce law of any other jurisdiction)
including, but not limited to, alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees, costs
and expenses, except that the performance of any obligations
created hereunder may be enforced by any remedies under the
Pennsylvania Divorce Code.
11. INDIVIDUAL PROPERTY. Except only as may be provided
specifically to the contrary hereinabove, each party shall retain
all property, real, personal and otherwise, which is presently
titled in his or her name and ownership, whether or not said
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property is or would be deemed to be marital property under the
Pennsylvania Divorce Code and each party hereby expressly
releases the other of and from any and all right of equitable
distribution in and to said individually owned property of such
other party.
12. GENERAL RELEASE. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes her
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself, his
or her heirs, executors, administrators or assigns, does hereby
remise, release, quit-claim and forever discharge the other party
hereto, his or her heirs, executors, administrators or assigns,
or any of them, of any and all claims, demands, damages, actions,
causes of action or suits at law or in equity of whatsoever kind
or nature, for or because of any matter or thing done, omitted or
suffered to be done by such other party prior to the date hereof,
except that this release shall in no way exonerate or discharge
either party from the obligations and promises made or imposed by
reason of this Agreement. This Agreement shall not be construed
to affect or bar the right of either party to an action for the
enforcement or performance of this Agreement which may be
instituted pursuant to the remedies available under the
Pennsylvania Divorce Code.
13. SURVIVAL OF AGREEMENT. it is the intention of the
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parties that this Post-Nuptial Agreement shall survive any action
in divorce which may be instituted or prosecuted by either party,
and no order, judgment or decree of divorce, temporary,
interlocutory, final or permanent, shall affect or modify the
terms of this Agreement, but said Agreement may be enforced by
any remedy at law or in equity, including enforcement proceedings
under the Pennsylvania Divorce Code. The parties agree to
incorporate this Agreement into a separate order of court to be
entered in the Divorce Action, but this Agreement shall not be
merged into said order or decree in divorce.
14. COOPERATION. The parties agree to cooperate with each
other and to make, execute, acknowledge and deliver such
instruments and take such further action as may hereafter be
determined to be requisite and necessary to effect the purposes
and intention of this Post-Nuptial Agreement.
15. VOLUNTARY EXECUTION. Each party acknowledges that this
Post-Nuptial Agreement is fair and equitable, that it is being
entered into voluntarily, with full knowledge of the assets of
both parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have been
furnished with all information relating to the financial affairs
of the other to the extent same has been requested by each of
them.
16. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains
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the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than
those expressly set forth herein. The parties acknowledge and
agree that the provisions of this Agreement with respect to the
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which have been taken
into consideration by the parties. Both parties hereby accept
the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or
hereafter have against the other for equitable distribution of
their property by any court of competent jurisdiction pursuant to
the Pennsylvania Divorce Code or any amendments thereto. Each
party voluntarily and intelligently waives and relinquishes any
right to seek a court ordered determination and distribution of
marital property, but 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.
17. WAIVER. The waiver of any term, condition, clause or
provision of this Agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or
provision of this Agreement.
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18. APPLICABLE LAW. This Agreement shall be construed,
interpreted and enforced according to the laws of the
Commonwealth of Pennsylvania.
19. HEADINGS. The headings or titles of the numbered
paragraphs of this Agreement have been used only for the purpose
of convenience and shall not be resorted to for the purposes of
interpretation or construction of the text of this Agreement.
20. BREACH. It is expressly stipulated that if either
party fails in the due performance of any of his or her material
obligations under this Agreement, the other party shall have the
right, at his or her election, to sue for damages for breach
thereof, to sue for specific performance or to seek any other
legal remedies as may be available, and the defaulting party
shall pay the reasonable legal fees for any services rendered by
the non-defaulting party's attorney in any action or proceeding
to compel performance hereunder.
21. AFTER-ACOUIRED PROPERTY. Each of the parties shall
hereafter own and enjoy independently of any claim or right of
the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes as
though he or she were unmarried.
22. COUNSEL FEES COSTS AND EXPENSES. Each party shall be
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responsible for his or her own legal fees, costs and expenses, if
any, incurred in connection with their separation and/or the
dissolution of their marriage.
23. INDEMNIFICATION. Each party represents and warrants to
the other that he or she has not incurred any debt, obligation,
or other liability, other than described in this Agreement, on
which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter
initiated seeking to hold the other party liable for any other
debts, obligations, liability, act or omission of such party,
such party will at his or her sole expense, defend the other
against any such claim or demand, whether or not well-founded,
and that he or she will indemnify and hold harmless the other
party in respect of all damages as resulting therefrom. Damages
as used herein shall include any claim, action, demand, loss,
cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or attempting to avoid same or in
opposing the imposition thereof or enforcing this indemnity,
resulting to Husband or Wife from any inaccurate representation
made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in
performance by Husband or Wife of any of the obligations to be
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Agreement.
24. MODIFICATION. No modification, rescission or amendment
to this Agreement shall be effective unless in writing signed by
each of the parties hereto.
25. SEVERABILITY. If any provision of this Agreement is
held by a Court of competent jurisdiction to be void, invalid or
unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being
impaired or invalidated in any way.
IN WITNESS WHEREOF, the parties have hereunto set their
respective hands and seals the day and year first above written
intending to legally bind themselves and their respective heirs,
personal representatives and assigns.
WITNESSED BY•
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EXHIBIT A
1. Marital residence located at 1375 Williams Grove Road,
Mechanicsburg (Monroe Township) Cumberland County,
Pennsylvania;
2. Husband's Individual Retirement Account with Salomon
Smith Barney Account No. 724-61844-15 409;
3. Life insurance policies: a) Insured: Michael Love.
Central Life Policy No. 2219796; b) Insured: Amanda
Love. Jackson Life Policy No. 0020370470; c) Insured:
Wife. CAN Insurance Policy No. 1600243 with a cash
value of $735.25 as of March 7, 2000; d) Insured:
Husband. CAN Insurance Policy No. 16002000 with a cash
value of $1,851.02 as of March 7, 2000;
4. The Parties' joint savings account at York Federal
Savings and Loan Account No. 090080433 and joint
checking account at York Federal Savings and Loan;
5. 1994 Chrysler Town & Country minivan with a stipulated
value of $10,000.00;
6. 1989 Corsair Travel Trailer;
7. Household goods, furniture and other tangible personal
property currently in Wife's possession; and
8. Household goods, furniture and other tangible personal
property currently in Husband's possession.
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PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 99-4740
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant DIVORCE
PRAECIPE TO TRANSMIT RE ORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code.
19992. Date and manner of service of the complaint: Acceptance of Service dated August 10,
.
3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code:
by Plaintiff: March 23, 2000; by Defendant: March 23, 2000.
4. Related claims pending: All matters have been resolved pursuant to the Marital
Settlement Agreement reached by the parties dated March 23, 2000 and incorporated, but not
merged into the Decree.
5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: March
24, 2000. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary:
March 24, 2000. /J
Dated: March 24, 2000 , "`
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO: 99-4740
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant DIVORCE
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter
upon the following individual by first class mail, postage prepaid, addressed as follows:
Philip H. Spare, Esquire
Snelbaker, Brenneman & Spare
44 West Main Street
Mechanicsburg, PA 17055
DATED: March 24, 2000
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
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PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 _ y7"/L)
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND AIT' RI TS
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. Ajudgement 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 and visitation ofyour children.
When the grounds for a divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Domestic
Relations Office at the County Courthouse.
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
(717) 249-3166
PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT REGARDING COUNSELING
I have been advised of the availability of marriage counseling and understand that I
may request that the Court require that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
3. Being so advised, I do not require that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the Court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A
Section 4904 relating to unsworn falsification to authorities.
Dated:
-(?
Pamela S. Lov .
PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is PAMELA S. LOVE, an adult individual residing at 34 S. Middlesex Road,
Carlisle, PA 17013.
2. Defendant is DAVID W. LOVE, an adult individual residing at 1375 Williams Grove
Road, Mechanicsburg, PA 17055.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months prior to filing this complaint.
4. The Plaintiff and Defendant were married on June 4, 1983 in Cumberland County,
Pennsylvania.
5. There are three (3) minor children born of this marriage: Michael D. Love, born
February 21, 1986; Amanda N. Love, born June 24, 1989; and Dustin T. Love, born June 12, 1996.
6. The parties separated on March 6, 1999.
7. There have been no prior actions for divorce or annulment between the parties.
8. 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 Relief Act of the Congress of 1940
and its amendments.
9. Plaintiff has been advised that counseling is available and that Plaintiff has the right
to request that the court require the parties to participate in counseling.
10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are
incorporated herein by reference thereto.
1 I. The marriage is irretrievably broken and no possibility of reconciliation exists.
WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with
§ 3301 of the Pennsylvania Divorce Code.
INDIGNITIES
12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are
2
incorporated herein by reference thereto.
13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities
to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and
her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with
the Pennsylvania Divorce Code.
14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated
herein by reference thereto.
15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties in such proportion as the Court deems just after consideration of all
relevant factors.
WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance
with Section 401(d) of the Pennsylvania Divorce Code.
16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are
incorporated herein by reference thereto.
17. Plaintiff requires reasonable support to adequately sustain herself with the standard
of living established during the marriage.
WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite.
COUNT IV
ATTORNEY'S FFF AND OSTS
18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are
incorporated herein by reference thereto.
19. Plaintiff is unable to sustain herself during the course of this litigation and has
employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and
reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses.
WHEREFORE, Plaintiff requests an award of counsel's fees and expenses.
WHEREFORE, Plaintiff, Pamela S. Love, prays this Honorable Court to enter judgment:
A. Awarding Plaintiff a decree in divorce;
4
B. Awarding Plaintiff support, alimony and alimony pendente lite;
C. Awarding Plaintiff counsel fees, costs and expenses;
D. Equitably distributing the marital property; and
E. Awarding other relief as the Court deems just and reasonable.
Dated: August 5, 1999
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant IN DIVORCE
I, Pamela S. Love, 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. I understand
that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating
to unsworn falsification to authorities.
1 ?
Dated: g i ;1
Pamela S. Lo e
PAMELA S. LOVE,
Plaintiff
V.
DAVID W. LOVE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4x0 -'/7-1/0
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
I, Philip H. Spare, Esquire, hereby accept service and
acknowledge receipt of the above captioned Complaint in Divorce
on behalf of my client, David W. Love, having received said
Complaint on the ?y day of August, 1999. I hereby indicate
I am authorized by my client to accept service on his behalf.
BAKER, pm AN & SPARE, P.C.
By hilip H./?S e, E quire
44 W. ain treet
Mechanicsburg, PA 17055
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PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 994740
DAVID W. LOVE, CIVIL ACTION - LAW
Defendant IN DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 6, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I 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.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unswom falsification to authorities.
DATE: 2000
PAMELA S. LOVE
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PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 99-4740
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant IN DIVORCE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
DATE:
PAMELA S. LOVE
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PAMELA S. LOVE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4740
DAVID W. LOVE, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 6, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. I 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.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
DATE: 3- 2 3 , 2000
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PAMELA S. LOVE, IN TI II COURT OF COMMON PLEAS
Plaintiff CUMIIIRLAND COUN'T'Y, PENNSYLVANIA
V. : NO: 99-4740
DAVID W. LOVE, CIVIL AC'T'ION -LAW
Defendant IN DIVORCE
WAIVER OF N07• ICE OF TN T N'1'ION 'P) R O T
ENTRY OF A DIVORC E DID C'REE nNDFR
§3301(c) OFT HE DI VOR ' ' ODE
I consent to the entry of it final decree ol'divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if 1 do not claim them betiire it divorce is granted.
3. 1 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 tiled with the prothonotary.
1 verity that the statements made in this aflidavit are true and correct. I understand that false
statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities,
DATE: '3 - -ZS - 00
DAVID W. LOVE
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