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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Holly J. Varner
VERSUS
N 0. 99-4958
DECREE IN
DIVORCE
AND NOW, Ac,? , -0-W, IT IS ORDERED AND
DECREED THAT __ Holly J. Varner PLAINTIFF,
AND David L. Varner
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
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;
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of J?_, 2000, by and
between David L. Varner, hereinafter referred to as "Husband", and Holly J. Varner,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on October 4, 1989;
and
WHEREAS, certain differences arose between the parties as a result of
which they separated on May 29, 1999, and now live separate and apart from one
another, and are desirous of settling fully and finally their respective financial and
property rights and obligations as between each other, including, without limitation by
specification: the settling of all matters between them relating to the past, present
and future support and/or maintenance of Wife by Husband or of Husband by Wife;
and in general the settling of any and all claims and possible claims by one against the
other or against their respective estates for equitable distribution of all marital
property; and a resolution of all mutual responsibilities and rights growing out of the
marriage relationship any provisions of prior agreement between them to the contrary
notwithstanding; and
WHEREAS, the parties hereto, after being properly advised by their
respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife,
by her attorney, Karl R. Hildebrand, Esquire, have come to the following agreement.
NOW THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be kept, the parties
heretofore, intending to be legally bound and to legally bind their heirs, successors and
assigns thereby, covenant, promise and agree as follows:
1. SEPARATION:
It shall be lawful for each party at all times hereafter to live
separate and apart from the other as such place or places as he or she may from time
to time choose or deem fit.
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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 may be
necessary to carry out the provisions of this Agreement. Neither party shall harass the
other nor endeavor to molest the other, nor compel the other to cohabit with the other
nor in any way malign the other, nor in any way interfere with the peaceful existence,
separate and apart from the other in all respects as if he or she were single and
unmarried.
3. WIFE'S DEBTS:
Other than the debts indicated in Paragraph 5 below Wife
represents and warrants to Husband that since May 29, 1999, she has not, and in the
future, she will not, contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband harmless from any
and all claims or demands made against him by reason of debts or obligations incurred
by her.
4. HUSBAND'S DEBTS:
Other than the debts indicated in Paragraph 5 below, Husband
represents and warrants to Wife that since May 29, 1999, he has not, 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 Wife harmless from any and all
claims or demands made against her by reason of debts or obligations incurred by him.
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5. OUTSTANDING MARITAL DEBTS:
Husband and Wife acknowledge and agree that they have no
outstanding marital debts and obligations of the Husband and Wife incurred prior to
the signing of this agreement, except as follows:
PERSON(S) NOW
DESCRIPTION AMOUNT RESPONSIBLE
A. Discover Card $4,500 H
Account # 6011002280238718
B. First USA Card $6,000 W
Account # 5417124861101131
C. 1999 Grand Am GT car payment ? W
The parties agree that Husband shall hereafter be responsible for paying
debt A above and Wife shall be responsible for paying debts B and C.
Each party agrees to pay the outstanding joint debts as allocated and
further agrees to indemnify and save harmless the other from any liability for such
debts or obligations.
In the event that either party contracted or incurred any debts, other than
those specifically identified herein since May 29, 1999, the party who incurred the
debt shall be responsible for its payment regardless of the name in which the account
may have been charged and agrees to indemnify and hold harmless the other for any
liability for such debts.
6. MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her
right to alimony and any further distribution of property because both agree that this
Agreement provides for an equitable distribution of their marital property in accordance
with the Divorce Code of 1980. Subject to the provisions of this agreement, each
party has released and discharged, and by this Agreement does for himself or herself,
and his or her heirs, legal representatives, executors, administrators and assigns,
release and discharge the other of and from all causes of action, claims, rights or
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demands whatsoever in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divorce and except
in any or all causes of action for breach of any provisions of this Agreement. Each
party also waives his or her right to request marital counseling pursuant to 23
Pa.C.S.A. Section 3302.
7. EQUITABLE DISTRIBUTION:
A. Contents of The Marital Residence.
As of the date of the execution of this Agreement, Husband
and Wife agree that they have hereby amicably distributed the contents of the former
marital residence.
B. Contents of Husband's Residence:
As of the date of the execution of this Agreement, Wife shall
set over, transfer and assign to Husband all of her right, title, claim and interest in and
to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items
within Husband's residence, including specifically all of his tools.
C. Contents of Wife's Residence:
As of the date of the execution of this Agreement, Husband
shall set over, transfer and assign to Wife all of his right, title, claim and interest in and
to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items
within Wife's residence.
D. Motor Vehicles:
With respect to the motor vehicles owned by one or both of
the parties, they agree as follows:
(1) Wife shall retain the 1999 Grand Am GT.
(2) Husband shall retain the pop-up camper.
(3) Husband will retain his dirt bike.
(4) All automobile titles and insurance policies will be
corrected to reflect the ownership of each vehicle.
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E. Individual Retirement Accounts, Pensions And Employment
Benefits:
Each party shall retain sole ownership and control of his or
her IRA's, Pensions and Employment benefits. Specifically, Wife hereby waives any
and all rights in and to Husband's 401 k, stock and savings plans through his employer,
Ingersoll-Rand, and agrees to execute upon request any documents that may be
required by the company to have this waiver take effect.
F. Joint Bank and Charge Accounts:
All joint bank and charge accounts, credit card accounts and
any other joint accounts shall be terminated and each party shall take those steps
necessary to have the other removed as a responsible party from any such account.
Wife shall retain all of the current balances in her current savings and checking
accounts.
G. Property to Wife:
The parties agree that Wife shall own, posses, and enjoy free
from any claims of Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property
together with any insurance policies covering that property, and any escrow accounts
relating to that property. This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from Husband to Wife.
H. Property to Husband.•
The parties agree that Husband shall own, possess, and
enjoy free from any claims of Wife, the property awarded to her by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property
together with any insurance policies covering that property, and any escrow accounts
relating to that property. This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from Wife to Husband.
Wife shall simultaneously with this agreement return to Husband her wedding band
and engagement ring.
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I. Miscellaneous Property.
All property not specifically addressed herein shall hereafter
be owned by the party to whom the property is titled, and if untitled, the party in
possession. This Agreement shall constitute a sufficient bill of sale to evidence the
transfer of any and all rights in such property from each to the other.
J. Tax Liability.
The parties believe and agree that the division of property
heretofore made by this Agreement is a non-taxable division of property between co-
owners rather than a taxable sale or exchange of such property. Each party promises
not to take any position with respect to the adjusted basis of the property assigned to
him or her with respect to any other issue which is inconsistent with the position set
forth in the preceding sentence on his or her Federal or State income tax returns.
8. LIFE INSURANCE.•
Each party shall continue to own any life insurance policies
currently in effect, without restriction as to the designation of beneficiaries.
9. ALIMONY.
Both parties mutually waive all support, alimony and maintenance
of any kind from the other party.
Wife acknowledges and agrees that the provisions of this
Agreement providing for the waiver of alimony to her by her Husband are fair,
adequate, and satisfactory to her and are based upon her actual need, her Husband's
ability to pay, the duration of the parties' marriage and other relevant factors which
have been taken into consideration by the parties. Although the approval of this
Agreement by a court of competent jurisdiction in connection with this action in
divorce or annulment filed by Husband or Wife shall be deemed an order of the court
and may be enforced as provided in 12 Pa.C.S.A. Section 3701, as amended, this
Agreement, insofar as it pertains only to support for Wife and the payment of alimony
following the entry of a final Decree in Divorce between the parties, may not be
modified, suspended, terminated, or reinstated at the instance of request of the Wife
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or Husband, or subject to further order of any court upon changed circumstances of
the Wife or Husband of a substantial or continuing nature, or for any reason claimed
by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this
Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that she may now or hereafter have against Husband or her support and
maintenance of herself and for alimony, and Husband and Wife further voluntarily and
intelligently waives and relinquishes any right to seek a modification, suspension,
termination, reinstitution, or other court order with respect to the terms of this
Agreement pertaining to the payment of support to Wife or the payment of alimony
by Husband.
Husband acknowledges and agrees that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate
and satisfactory to him and are accepted by him in lieu of and in full and final
settlement and satisfaction of any claims or demands that he may now have or
hereafter have against the Wife for support, main.renance or alimony. Husband further
voluntarily and intelligently waives and relinquishes any right to seek from the Wife any
payment for support or alimony.
10. HEALTH INSURANCE.
Wife agrees to continue to provide and pay for Husband's medical
and hospitalization coverage until entry of a final decree in divorce. Thereafter via
COBRA, for thirty-six 136) months following the entry of a final Decree in Divorce,
additional health care coverage including dental may be obtained at the sole cost of
Husband. Any payments for health insurance will not be considered alimony and are
not included with the income of the Wife within the meaning and intent of Section 71
of the United States Internal Revenue Code of 1954 and not deductible from Wife's
gross income pursuant to the provisions of Section 215 of the United States Internal
Revenue Code of 1954.
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11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES:
Husband and Wife acknowledge and agree that the provisions of
this Agreement providing for the equitable distribution of marital property of the parties
are fair, adequate and satisfactory to them. Both parties agree to accept the
provisions set forth in this Agreement in lieu of and in full and final settlement and
satisfaction of all claims and demands that either may now or hereafter have against
the other for alimony pendente lite, counsel fees or expenses or any other provision
for their support and maintenance before, during and after the commencement of the
proceedings for divorce or annulment between the parties.
12. INCOME TAX RETURNS:
The parties have heretofore filed joint federal and state tax returns.
Both parties agree that in the event any deficiency in federal, state or local income tax
is proposed, or any assessment of any such tax is made against either of them, each
will indemnify and hold harmless the other from and against any loss or liability for any
such tax deficiency or assessment and any loss or liability for any such tax deficiency
or assessment and any interest, penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individual
who is finally determined to be responsible for the actions, misrepresentations or
failures to disclose separate income resulting in tax liability. The parties shall file
separately in 1999 and thereafter. The parties hereby agree that Wife shall, in 1999
and annually thereafter, have the right to claim the parties minor child, Justin, as a
dependent on her income tax return.
13. WAIVERS OF CLAIMS AGAINST ESTATES:
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 have 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, curtsey, statutory allowance,
widow's allowance, right to take intestacy, right to take against the will of the other,
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and right to act as administrator or executor of the other's estate. 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 interests, rights and claims and both parties will revoke prior
wills or testamentary documents.
14. AGREEMENT NOT PREDICATED ON DIVORCE.•
It is specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and represent to the other,
that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce; provided, however, that nothing
contained in this Agreement shall prevent or preclude either of the parties hereto from
commencing, instituting or prosecuting an action or actions for divorce, either absolute
or otherwise, upon just, legal and proper grounds; nor to prevent either party from
defending any such action which has been, may or shall be instituted by the other
party, or from making any just or proper defense thereto. It is warranted, covenanted
and represented by Husband and Wife, each to the other, that this Agreement is lawful
and enforceable and this warranty, covenant and representation is made for the
specific purpose of inducing Husband and Wife to execute this Agreement. Husband
and Wife each knowingly and understandingly hereby waives any and all possible
claims that this agreement is, for any reason illegal or for any reason whatsoever,
unenforceable in whole or in part. Husband and Wife each do hereby warrant,
covenant and agree that, in any possible event, he and she are and shall forever be
estopped from asserting any illegality or unenforceability as to all or any part of this
Agreement.
15. SUBSEQUENT DIVORCE.•
Wife at her cost by her counsel has filed an action for divorce under
Section 3301(c) or (d) of the Divorce Code.
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Simultaneously with the execution of this Agreement, both parties
will execute Affidavits to enable counsel for Wife to proceed with a no-fault divorce
as soon as possible, providing counsel for Husband with a duplicate decree.
The parties further agree that each of them shall be responsible for
their own attorney's fees.
The parties shall be bound by the terms of this agreement, which
shall be incorporated by reference into the Divorce Decree, shall not be merged in such
Decree, but shall in all respects survive the same and be further binding as an
enforceable contract, conclusive upon the parties.
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16. BREACH AND ENFORCEMENT.
If either party breaches any provision of this Agreement, the other
party shall have the right at his or her election, to sue for damages for such breach,
or seek such other remedies or relief as may be responsible for payment of legal fees
and costs incurred by the other in enforcing his or her rights under this Agreement.
Reasonable interest shall be assessed from the date of breach.
A. This Agreement may be specifically enforced by either
Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this
Agreement is brought in Equity by either party, the other party will make no objection
on the alleged ground of lack of jurisdiction of said Court on the ground that there is
an adequate remedy at law. The parties do not intend or purport hereby to improperly
confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided
herein for the forum of equity in mutual recognition of the present state of the law,
and in recognition of the general jurisdiction of Courts in Equity over agreement such
as this one.
B. Notwithstanding anything to the contrary herein, Husband
and Wife may also proceed with an action at law for redress of his or her rights under
the terms of this Agreement, and in such event it is specifically understood and agreed
that for and in specific consideration of the other provisions and covenants of this
Agreement, each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid undue delay.
C. Each party further hereby agrees to pay and to save and hold
harmless the other party from any and all attorney's fees and costs of litigation that
either may sustain, or incur or become liable for, in any way whatsoever, or shall pay
upon, or in terms or provisions of this Agreement by reason of any of the terms or
provisions of this Agreement by reason of which either party shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings against the other at law
or equity or both in any way whatsoever, provided that the party who seeks to recover
such attorney's fees, and costs of litigation must first be successful in whole or in
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part, before there would be any liability for attorney's fees and costs of litigation. It
is the specific agreement and intent or the parties that a breaching or wrongdoing
party shall bear the burden and obligation of any and all costs and expenses and
counsel fees incurred by himself or herself as well as the other party in endeavoring
to protect and enforce his or her rights under this Agreement.
17. ADDITIONAL INSTRUMENT.•
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 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 their respective counsel, and each party acknowledges
that the 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 which has been requested by
each of them or by their respective counsel.
19. ENTIREAGREEMENT.•
This Agreement contains the entire understanding of the parties
and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and divisions 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 and any court of
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competent jurisdiction pursuant to 23 Pa.C.S.A, Section 3501 2L. seo. or any other
laws. Husband and Wife each 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.
20. DISCLOSURE;
Husband and Wife represent and warrant to the other that he or
she has made a full and complete disclosure to the other of all assets of any nature
whatsoever in which either party has an interest, the sources and amount of the
income of such party of every type whatsoever and of all other relevant and material
facts relating to the subject matter of this Agreement.
21. 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 on any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
22. PRIOR AGREEMENT.•
It is understood and agreed that any and all property settlement
agreements which may or have been executed prior to the date and time of this
Agreement are null and void and have no effect.
23. DESCRIPTIVEHTADINGS.
The descriptive headings used herein are for convenience only.
They have no effect whatsoever in determining the rights or obligations of the parties.
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24. INDEPENDENT SEPARATE COVENANTS.
It is specifically understood and agreed by and between the parties
hereto that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
25. APPLICABLE LA IN:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
26. VOID CLAUSES.
If any term, condition, clause or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement and in all
other respects this Agreement shall be valid and continue in full force, effect and
operation.
27. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of
the parties hereto and their respective heirs, executors, administrators, successors,
and assigns.
IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals
the day and year first above written.
(SE i ?(SEAL)
David L. Varner, Husband Holly J. V ner, Wife
Witness Witness
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HOLLY J. VARNER, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND PENNSYLVANIA
V.
DAVID L. VARNER, NO. 99-4958
Defendant CIVIL ACTION - DIVORCE
To the Prothonotary: PRAECIPE TO TRANSMIT RECORD
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.
2. Date and manner of service of the Complaint: the Defendant accepted service on
August 25. 1999
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by §3301(c) of the
Divorce Code: by Plaintiff 7/27/00; by Defendant 7/27/00.
(b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce
Code: N/A : (2) date of filing and service of the Plaintiffs Affidavit upon the
Respondent: N/A
4. Related claims pending: there are no related claims Pending as all matters have
been resolved Pursuant to a marital settlement agreement executed by the Parties which is to be
incorporated, but not merged into the divorce decree entered in this matter.
5. (Complete either (a) or (b).)
(a) Date and manner of service of the Notice of Intention to file praecipe to
transmit record, a copy of which is attached: N/A
(b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was executed:
7/27/00; and filed with the Prothonotary: 7/28/00.
Date Defendant's Waiver of Notice in §3301(c) Divorce was executed:
7/27/00; and filed with the Prothonotary: 7/28/00.
Karl R. Hildabrand, Esquire
Attorney I.D. No. 30102
3211 North Front Street, P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238.8187
Attorneys for Plaintiff
Document #: 179920. /
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HOLLY .I. VARNER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99- gMCIVILTERM
DAVID L. VARNER 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 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 irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the
CUMBERLAND COUNTY COURTHOUSE, 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, PA 17013
717-249-3166
- rances H. Del Duca
10 West High St.
Carlisle, PA 17013
HOLLY J. VARNER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-tr948 CIVIL TERM
DAVID L. VARNER IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. Plaintiff is Holly J. Vamer, who resides at 110 Bear Hollow Road, Newburg,
Cumberland County, Pennsylvania, 17240.
2. Defendant is David L. Varner, who resides at 24 Lover's Lane, Newburg,
Cumberland County, Pennsylvania, 17240.
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. The plaintiff and defendant were married October 4, 1989, in Orrstown,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Plaintiff avers that the grounds on which the action is based is that the
marriage is irretrievably broken.
WHEREFORE, the plaintiff requests the Court to enter a decree in divorce.
nces H. Del Ddoa, Esq.
Attorney for Plaintiff
August , 1999
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 10 Pa.C.S.
Sec. 4904 relating to unswom falsification to authorities.
Dated: ?Il?l??s 1 yQSIS(L0.?J
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HOLLY J. VARNER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4958 CIVIL TERIA
DAVID L. VARNER IN CUSTODY
AFFIDAVIT OF SERVICE
STATE OF PENNSYLVANIA :.
COUNTY OF CUMBERLAND ::
SS
FRANCES H. DEL DUCA, attorney for plaintiff, being duly sworn according to
law, deposes and says that she is an attorney having her office at Ten West High Street,
Carlisle, Pennsylvania, and that she is admitted to practice in the courts of Cumberland
County; that she served a copy of Complaint in Custody in the above matter by mailing
same Certified Mail, on August 30, 1999, and that said document was received by the
defendant, David L. Vanier on August 31, 1999, as evidenced by return receipt card No.
Z013333937 attached hereto.
Frances H. Del Duca, Esquire
SUBSCRIBED and sworn to before
me thin "may of September, 1999.
Notary Pub c
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HOLLY J. VARNER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4958 CIVIL TERM
DAVID L. VARNER IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this ;' ? day of August, 1999, 1 hereby acknowledge receiving a
copy of the Complaint in Divorce filed to the above term and number and Notice to
Defend filed by the Plaintiff on August 16, 1999.
? ?iX? t/l?nrn i ??
-David L. Varner
SUBSCRIBED and sw to before
me this 2 day oz 1999.
Notary
IlR!,flY P. C: 1--j; ..GER. NO.A'. PUaIJC
Cs:/a??a'?a tia G1'?I. '..]TCl(n'Sh CJ?uly
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HOLLY J. VARNER, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
PENNSYLVANIA
V.
DAVID L. VARNER, NO. 99-4958
Defendant CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under §23 P.S. 3301(c) of the Divorce Code was filed on August 16, 1999
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this Affidavit are true and correct. 1 understand that false
statements herein are made subject of the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification
to authorities.
-7.,2 7- J_
Holly J,Varn Plaintiff
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
$ 3301(c) OF THE DIVORCE CODE
I. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand that 1 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. 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 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 of the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification
to authorities.
a? ?°
Holly J. Varner Plaintiff
Documenl #: /79387.1
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HOLLY J. VARNER IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99-4958
. CIVIL TERM
DAVID L. VARNER : IN DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on August 16, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree in divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: -7-d-7-()) David Varner, Defendant
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HOLLY J. VARNER
V.
DAVID L. VARNER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-4958
CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 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. 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 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. Section 4904 relating to unsworn falsification to authorities.
Date: o o
laid Varner Varner, Defendant
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa. C.S.A. SECTION 4304.1(a)(3) ALL DIVORCES MUST
INCLUDE THE PARTIES' SOCIAL SECURITY NUMBER.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE:
O'?'JU
DOCKET NUMBER: 99-4958
PLAINTIFF/PETITIONER SS# 177-68-5332
NAME: Holly I. Varner
DEFEN DANT/RESPON DENT SS # 185-66-5975
NAME: David L. Varner
Document #: 179919.1
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HOLLY J. VARNER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-y9)?CIVIL TERM
DAVID L. VARNER IN DIVORCE
ORDER OF COURT
AND NOW, this rl? day of /?Og , 1999, upon consideration of the attached
complaint, it is he iceclec tat,tlt ?arties and their respective counsel appear before
the conciliator, 1113Q ?l 1 fkd ,QnAe 'a3 day ofCCA-, 1999, at V,03Pm., for a
Pre-Hearing Custody Conference. At°sucfi'conference, an effort will be made to resolve
the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to
be heard by the court, and to enter into a temporary order. All children age five or older
may also be present at the conference. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
q?j
BYE S2\
Custody Conciliator
lam,
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
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 FIEND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
F OFFICE
TtRY
99AUG23 P13:13
CUtllucri ':•iG COUNTY
PENNSYLVANIA
?d5 •99 - e /Wa-td? f 614 Q
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HOLLY J. VARNER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99- V9.)'pCIVIL TERM
DAVID L. VARNER IN DIVORCE
COMPLAINT FOR CUSTODY
1. The plaintiff is Holly J. Varner, who resides at 110 Bear Hollow Road,
Newburg, Cumberland County, Pennsylvania, 17240.
2. Defendant is David L. Varner who resides at 24 Lover's Lane, Newburg,
Pennsylvania, 17240.
3. Holly J. Varner and David L. Varner are the natural parents of Justin L.
Varner, bom February 20, 1900,in Chambersburg, Pennsylvania.
4. Plaintiff seeks custody of Justin L. Varner born February 20, 1990.
5. The child is presently in the custody of plaintiff,
6. The child has always resided with plaintiff and defendant at the home of his
paternal grandparents, 110 Bear Hollow Road, Newburg, Pennsylvania. Defendant left
the residence May 29, 1999.
7. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
8. The best interest and permanent welfare of the child will be served by granting
the relief requested because the child will have a stable home with plaintiff and plaintiff
will promote the relationship with his father.
9. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the child has been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant legal and physical custody to
the plaintiff, Holly J. Varner and partial custody to the father as the parties may agree.
i
anew H?Del Duca
Attorney for Plaintiff
Dated: August 13, 1999
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 10 PB.C.S.
Sec. 4904 relating to unswom falsification to authorities.
Dated: Ilal?? C,??-\ SJ
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HOLLY J. VARNER,
Plaintiff
Vs.
DAVID L. VARNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 99-4958 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AMID NOW, this 4day of Or 4L , 1999, upon
consideration of the attached Custody Con illation Re ort, it is ordered
and directed as follows:
1. The Mother, Holly J. Varner, and the Father, David L. Varner,
shall have shared legal custody of Justin L. Varner, born February 20,
1990. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding his health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child as
arranged by agreement of the parties.
4. The Father may file a Petition for an additional Custody
Conciliation Conference in the event he desires to establish a specific
partial custody schedule.
BY THE COURT,
cc: Frances H. Del Duca, Esquire - Counsel for Mother
Edward J. Weintraub, Esquire - Counsel for Father r
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HOLLY J. VARNER, : IN THE COURT OF COMMCN PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. a NO. 99-4958 CIVIL TERM
DAVID L. VARNER, CIVIL ACTION - LAW
Defendant
CUSTODY
CUSTODY CONCILIATICN SUMMARY RBFCRT
IN ACCORDANCE WITH CUMMERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Justin L. Varner February 20, 1990 Mother
2. A Conciliation conference was held on September 23, 1999, with the
following individuals in attendance: The Mother, Holly J. Varner, and her
counsel, Frances H. Del Ducal Esquire. The Father's counsel, Edward J.
Weintraub, Esquire, notified the Conciliator in writing prior to the
Conference that his client would be attending the Conference on his own
behalf as the Father believed an agreement had been reached between the
parties. The Father did not appear at the time of the Conference and the
Conciliator was unable to reach him by telephone.
3. Based upon the representations of the Mother at the time of the
Conference and the fact that the Father did not attend the Conference or
contact the Conciliator, the Conciliator recommends an order in the form as
attached.
Date Dawn S. Sunday, Esqui e
Custody Conciliator
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-- HOLLY J. VARNER
------------------------ -° - In the Court of Common Pleas of
Cumberland County, Peaasyhania
---- - ------ - --------------- - -- --- - -- -
No. ------ 52:-AM ---------- Civil. 19------
vs.
DAVID L. VARNER
---------------
IN DIVORCE
------------
?Y?..........--....-.-- -------•
Please withdraw my appearance in the above captioned matter:-._.
To -..r...-°",-.--..- ---.-- Prothonotary
May
`"Prances H. Del DucaktW=eY for Plaintiff.
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HOLLY J. VARNER,
Plaintiff
V.
DAVID L. VARNER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 99-4958
CIVIL ACTION - DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Plaintiff Holly J. Varner in the above-referenced
action.
Dated: May 31, 2000
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By A4<_?7 i ?7_" ,r,._ "
arl R. Hildabrand, Esquire
Attorney I.D. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 171 10-0300
(717) 238-8187
Attorneys for Defendant
Documeni N: /76714.1
CERTIFICATE OF SERVICE
AND NOW, this 31st day of May 2000, I, Karl R. Hildabrand, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of
the within Praecipe for Entry of Appearance this day by depositing the same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Frances H. Del Duca, Esquire
Ten West High Street
Carlisle, PA 17013
Edward J. Weintraub, Esquire
2650 N. Third St.
Harrisburg, PA 17110
-K-arTR. Hildabrand
Dmumenr #: 176714.1
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HOLLY J.VARNER,
Plaintiff
V.
DAVID L. VARNER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 99-4958
CIVIL ACTION - DIVORCE
NOTICE OF ELECTION TO RESUME PRIOR NAME
Notice is hereby given that, a final decree in divorce havingg, been granted on the 9 day
0 fy?rQUt-1 2000, Plaintiff hereby elects to resume her prior maiden name of Holly J. Beam, and
gives this written notice of her intention in accordance with the provisions of § 704 of the Act of
November 15, 1972, P.L. 1063, 54 Pa.C.S.A. § 704.
olly J. Vam
to be known as:
?A4 k ( I ?.). L . )
I lolly J. Beam
Sworn to and sub dbed before me
sQL day of2000.
-a 29 ?%AA4^ek?
Notary Public
My commission expires // /S
Document k: 1688x8.1 01 cp'?'
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