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IN THE COURT OF
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STATE OF
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DAPHNE H. SAYERS,
Plaintiff
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DAVID M. SAYERS,
Defendant
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AND NOW, ........M.......
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DAPHNE H. SA
decreed that YERS,
................... ........
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and .............. DAVID M. SAYERS,
.......................
COMMON PLEAS
?-4D COUNTY °
PENNA.
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u. 99-6876. ..x)c5! 2000
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E IN
R C E
..... it is ordered and
.................... . plaintiff, ?•••.
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................ . defendant,
are divorced from the bonds of matrimony.
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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; i'
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:1\d:1%1A3.mL.erd
DAPHNE H. SAYERS,
Plaintiff
V.
DAVID M. SAYERS,
Defendant
IN THE COURT OF COMi40N PLEAS OF
CUMBERLAND COUNTY, PENNSYLV!t- IA
N0. 99-0876 CIVIL TERM
CIVIL ACTION - DIVORCE
O R D E R
m a 2000, the
AND Now, this 3= day of
property settlement agreement between the parties dated February 22,
2000, and attached hereto is hereby incorporated into the Decree in
Divorce.
BY THE COURT:
J.
,- -_ - -
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DAPHNE H. SAYERS, TN THE COURT OF COhiIICid PLEAS OF
Plaintiff CUVPERL:4i4D COUNTY, PENNSYLVANIA
V. sO. 99-6c776 CIVIL, T'ER:-0
DAVID M. SAYERS,
Defendant V '. AC"Fl ON - 14N DIVORCE
MOTION TO INCORPORATE AGREEMENT
INTO DECREE IN DIVORCE
Daphne H. Sayers, plaintiff in the a:ove action, by her atror-
neys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court
incorporate the attached agreement dated February 22, 2000, into the
Decree in Divorce.
STOD:E LaFAVER c SHEFLETSKI
3•y
Artornejs for plaintiff
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A PROFESSIONAL CORPORATION
ATTORNEYS AT Uw
4142PIDGE. s'. P.EET
S NEW GVHDERLAND. PA 17070
A G R E E M E N T
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THIS AGREEMENT, made this %.?Z day of
2000, by and between DAPHNE HOPE SAYERS, of Cu=erland Ccunty,
Pennsylvania, (hereinafter referred to as "S'i fe") , and David
Michael Savers of Dauohin County, Pennsylvania, (hereinafter
referred to as "Husband");
W I T N E S S E T H:
WHEREAS, Husband and Wife .-Jere lawfully married on June -,
1994, in Dauphin County and,
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WHEREAS, one child has beer. born of th_s marriage, Ai-L=.cJ.:..
PAIGE SAYERS born on December 28, 1997,
WHEREAS, diverse unhappy differences, disputes and diffic::i -
ties have arisen between the parties and it is the intention of
Wife and Husband to live separate and apart for the rest of their
natural lives, and the parcies hereto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other '_.nclud'_ng, ::ithout 'lm
tion by specification: t.^.e settling of a: ma-te1rs between then;
relating to the ownership and equitable distribution of real and
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personal property; the settling Of all iiiatterS t etVleen them
relat ino to the past, present ai:d _uturc -.:vOOYt, al1IT7C:i., and?OY
maintenance of ['life by Husband or Of Husb'a.^.C. D'.' Wile; t..?
tlina of all matters bet::een them relating to Lhe past, preS'e:a
and future support and/or ma'_ntenlncc Of the children; the
imolementation of custody s'_tatlon arrangements for the minor
Cti1'_ldre P. Of the parr'es; and in general, the settlina Of any and
all claims and DOSSible -''aims by „--- a;:ai:at the other or
against their respective -states.
NOW THEREFORE, in cO::siderat:o:: cf ti:e chases and of the
mutual promises, Covenants and underta:;_.ngs P.eleinafter set forth
and for other good and valuable coils ideration, receipt of
is hereby ackno'al edged by each of ti:e G :_-t! e_s he1"etc, 611 fe and
Husband, each intending to be legally bc)und hereby, covenant and
agree as follows:
Disclosure of Assets. Each, party asserts that i:e aixr
has made a full and fair disclosure of all of the real and
cers Onal property of- any nature whatsoever
to each of them of all debts and encumbrances i::-urr•ri l:: ,.;r;
manner blhatsoeveY b- each of them, of all sources L.::<i
income received or receivable by each pa_?y, and Q_.
fact relating In any .-la- ti'e subject nlat te= O :"•_ ... .. .
These disclosures are part of the consideration made by each
party for entering into this agreement.
2. Advice of Counsel. Each party has been represented by
an independent attorney, who was selected by the party whom he
represents, in the negotiation and preparation of this agreement.
This agreement has been fully explained to each party by that
party's attorney. Each party has carefully read this agreement
and is completely aware, not only of'its contents, but also of
its legal effect.
3. Preparation of Agreement. This agreement has been
prepared by the attorney for the :-life. Said attorney at the
commencement of, and at all stages during, the negotiation of
this agreement informed the Husband that she has acted solely as
counsel for the Wife and has not advised or represented the
Husband in any manner whatsoever. The Husband at the commence-
ment of, and at all stages during, the negotiation of this
agreement has been told by said attorney that the Husband should
be represented by his own counsel, but at all times he has
refused to do so. The Husband has read this agreement carefully
and thoroughly, fully understands each of its provisions, and
therefore signs it freely and voluntarily.
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q. Lawfulness of Separation. it shall be lawful for each
party at all times hereafter to live separate and apart from the
other party at such place as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken
as an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart.
5. Personal Rights. Each party shall be free from inter-
Terence, 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
molest the other or attempt to endeavor to molest the other, nor-
comoel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other, and each of the
parties hereto completely understand and agree that neither shall
do or say anything to the children of the parties at any time
which might in any way influence the children adversely against
the other party.
6. Freedom from 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
Darty shall molest the other or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, or in any
tray harass or malign the other, nor in any way interfere with L'^e-
peaceful existence, separate and apart from the other.
8. Release of Claims. Wife and Husband each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and =rom'any and all rights, titles
and interests, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and whereso-
ever situate, which she or he no%•; has or at anv time hereafter
may have against such other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or
curtesy, or claims in the nature of dower or curtesv of widow's
or widower's rights, family exemption or similar allowance, or
under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the
other as testamentary, or all other rights of a surviving spouse
to participate in a deceased spouse's estate, whether arising
under the laws of (a) Pennsylvania, (b) any state, commonwealth
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or territory of the UI7itc'd Sta'tj •s, Otf:er 000at7"y, or
a?'. ?'1g17tS which Ella:.' I1 _a v?' or at a?:}' ,. 7.m .._rea?tcr ha'/E
Gast, present or LUt Ure supDOrC OL fll_l _.?:Ceaa?1Ce, al lnl0?ly, al im.O.n.y
pen.dente lite, counsel fees, costs or expenses, whether arising
as a result of the marital relation or other'..,:se, eXceot, and
,nlv e:;cept, all rights and durEERL°°1105 aIld Obligations of cfiiatso-
?ver arising or which may arise under this agreement or
i01' the breach of anv tnereof. It iS Che intention Of wife, and
Husband to give to each other by the _.._cutic;l of this agreement
a Full, complete and general release :drib respect to any and all
property of anv kind or nature, real, personal or mi-ed, which
the other now o,.-ms or may hereafter acquire, except and only
e.xceps all rights and agreements and obligations of whatsoever
nature arising or which may arise u-.der t:!-.is agreement or for the
breach of any thereof, subject, however, t0 the _mplementation
and satisfaction of the conditions precedent as set forth herein
above.
8. Warranty as to Future Obligations. Each party repre-
sents that they have not contracted any debt or liability for the
other _`or which the estate of the other Carty may be responsible
or llabl E, and that except only for tie _--qnr:s arising
this agreement, neither party 4;ill hereafter incur any liability
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whatsoever for which the other party or --i:e estate of the ot:^.er
party, will be liable. Each party agrees to indemnify or hold
the other party harmless from and agair'st all future obligat'ons
of every kind incurred by them, including those for necessities.
tion of Liabilities. =t is understood by
9. Assam
parties, that at the time of tlne signing of this agreement, all
marital debt has been satisfied and that there currently exists
no outstanding marital debt. All fuYther debts incurred by tine
parties shall be their individual responsibility.
Wife and Husband do hereby acknov;l-
10. Personal Property.
edge that they have heretofore divided the marital property
including, but without limitation, je%•:elry, clothes, furniture
and other personalty and hereafter wife agrees that all of the
property in the possession of Husband shall be the sole and
separate property of Husband; and, Husband agrees that all
property in the possession of L•life shall be the sole and separa--e
property of wife. Each of the parties does hereby specifically
waive, release, renounce and forever abandon whatever claims, if
any, site or he may have with respect to anv of the above _--ems
,::hick are the sole and separate property of the other.
11. Retirement and Savings. The parties acknowledge and
agree that they have heretofore divided uc or kept. as their
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any and all retirement accounts, 401K plans, 'Keoghs, or other
forms of retirement savings prior to the signing of this
agreement. Both parties are fully satisfied that they have had
complete disclosure regarding these accounts, and hereinafter
waive and release any and all claims to said assets.
12. Cash. All cash presently in the possession of either
party shall be and remain their separate property, free and clear
of any claim whatsoever on the part of the other.
13. Checking and Savings Accounts The parties acknowledge
that they have divided up any and all savings or checking
accounts heretofore and are fully satisfied that there has been
full disclosure by both parties.
14. Property Not Provided For. The parties hereto agree
that they have, by the terms of this agreement, settled, to their
mutual satisfaction, all rights that either may have in their
property, whether owned by them jointly or separately, real and
personal, and wheresoever situated. Any property not
specifically provided for in this agreement, which the Husband or
Wife owns or has the right to control or possess, shall be and
remain his or her property, free and clear from any claim on the
part of the other.
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15. Real Estate. The Parties have iererofore Sold t:hc
marital prODerty and divided uo the proceeds to t}
satisfaction.
16. Waiver of Alimony. The parties herein acknoc:ledge that
by this agreement they have each resoecri":-ely secured and
maintained a substantial and adequate fund with which to provide
themselves sufficient financial resources to provide for their
comfort, maintenance and support in the station of life in which
they are accustomed. [,life and Husband do hereby :.aive, release
and give up any rights they may respectively have against the
other for alimony, support, alimony oendente lire or maintenance.
It shall be from the date of this agreement the sole
responsibility of each of the respective parties to sustain
themselves without seeking any support from the other party.
17. Child Support. Husband agrees to pay to :,life for the
use and benefit of the child and herself, support in the amount
of Five Hundred ($500.00) Dollars payable on the 1st of each
month, which payments shall commence at the e:cecution of this
agreement. Three Hundred ($300.00) Dollars of the Support shall
be paid directly to Betty Benr°el, the daycare provider for --he
minor child. The remaining Te:o Hundred
$200.00) shall be paid
directly to the Wife.
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I 18. in addlt:oi7 to the aFO::=Sdi_d S1ppOrt, btt h, p3:.-.:?,5
agrees that should the child continue her educational studies,
they shall contribute to college or otijer post higi-, school
graduate studies as they can afford. It is further understood
and agreed that Husband's obligatiOn CO Day for the educational
expenses of the children shall only be cc the extent that lie is
financially able to provide for such education.
19. Husband agrees to be equally responsible to contribute
to the higher educational expenses of the children, including,
but not limited to the following: tuition, room, board, b00'rS,
supplies, fees, transportation and clothing. Husband and wife
agree to split the costs of any higher educational expenses of
the children after- deducting from said sums any money the
children might get by way of scholarships or grants.
20. Medical Insurance. Wife will continue to provide
medical insurance for the child with a policy ccntainina mi:+4rnm
provisions as would be covered by a standard Blue Cross - Blue
Shield policy. 61ife and Husband also agrees to share 50?-50? in
the obligation for any uninsured, unreimbursed or exc ra-ordinary
medical expenses for the child, which shall include, but not be
limited to orthodontics, vision, dental, hospitalizations. in
the event of an emergency situation, the decision to incur
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extraordinary medical expenses shall be a joint one and Husband
agrees not to withhold his consent for any such expenses which
would be reasonably necessary.
21. Consultation. wife shall confer with Husband on all
matters of importance relating to the child's health, maintenance
and education with a view towards obtaining and following a
harmonious policy in the child's best interests and shall keep
Husband informed of the progress of the child's education and
social adjustments.
22. In the event of any serious illness of the minor child
at any time, any party then having custody of the said child
shall immediately communicate with the other party by telephone
or any other means, informing the other party of the nature of
the illness. During such illness, each party shall have the
right to visit the child as often as she or he desires, con-
sistent with the proper medical care of the said child. The word
"illness" as used herein shall mean any disability which confines
the child to bed under the direction of a licensed physician for
a period in excess of 72 hours.
23. wife hereby agrees that in connection with questions
dealing with the education of minor child, as well as any
extraordinary medical or dental expenses, Husband shall be
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consulted whenever practicable, concerning the course of any
proposed treatment or the decisions relevant to any educational
consideration including the choice of a college, university or
technical school should the occasion arise for such
consideration.
24. As long as the Wife has primary custody of the minor
child as provided under this agreement, she shall be entitled to
claim the dependency exemptions every year for federal, state and
local income tax purposes.
25. Custodv. Wife shall have custody of the minor child
subject to as broad visitation rights for Husband as are in the
best interests of the child, as long as the parties hereto
maintain a non-hostile atmosphere between themselves while
Husband is visiting said premises. Husband further agrees that
he will not utilize the said right of visitation in order to
harass or interfere with Wife's right to live and remain separate
and apart from him. It is further agreed and understood that
under this broad right of visitation, it shall be exercised by
Husband with appropriate notice to Wife in advance of each visit.
26. Custodv. Wife shall have custody of the minor children
subject to the following:
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Daycare -*or the minor child shall be %.;ith Betty
Bentzel, the child's grandmother every day Monday through Friday.
Father shall have periods of visitation every Monday
and Wednesday evening from 6 p.m. until & p.m.
Father has overnight visitation every Friday until :con
on. Saturday.
Father shall enjoy visitation every other :•;eekend. Said
periods of visitation to begin on Friday right at 6 o.m, and
ending on Sundays at noon wherein Father will return the child to
Mother.
27. Holidays. Father shall have Thanksgiving holiday on
odd numbered years and Mother shall have custody of the child
during even numbered years for the holiday. During the years
that the Father enjoys the Thanksgiving holiday, and the child is
still not in school, the Father agrees to return the child to
Mother by bedtime. After the child has become of school age, the
parties may divide the Holiday as they can agree.
Christmas. Mother shall enjoy custody of the child
during odd-numbered years. Said period of visitation to begin on
Christmas eve day at noon on December 2 and ending on Christmas
day on December 25. Father's period of cusrnriy with the minor.
child during odd numbered years shall be from 3:00 p.m. on
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December 25, until bedtime on December 26. Once the child is in
school and enjoys a Christmas holiday, the periods of visitation
shall be such that the vacation time shall be shared between the
parties as they may agree.
New Year's Eve. The Parties agree to rotate this
holiday every other year beginning with Father enjoying New
Year's 2000. This holiday period shall begin after work on
December 31 and end at noon on January 1 of each year.
Easter. The parties agree to be as flexible as
possible on this holiday.
Mother's Day and Father's Day. The parties agree that
the Mother shall enjoy custody of the minor child on Mother's Day
and the Father shall enjoy custody of the minor child on Father's
Day.
vacations. Each party shall be entitled to two weeks
of uninterrupted periods of custody during the summer months.
These two weeks do not necessarily need to be taken
consecutively. The Father shall give notice to the Mother on or
before June 1 of the weeks of his preference for his vacation
time. If Father fails to give Mother adequate notice by June 1,
then Mother shall have first choice of the weeks of uninterrupted
custody during the summer months.
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28. Grandparents' rights
The parties agree to be as
flexible as possible concerning the rights of visitation of the
minor child's Grandparents.
29. Enforcement. If either party shall bring an action or
other proceeding to enforce this agreement, or to enforce any
judgment, decree or order made by a court in connection with this
agreement or the divorce of the parties, the prevailing party
shall be entitled to reasonable atto'rney's fees from other party.
30. Payment of Attorney Fees. Each party of this agreement
hereby agrees that each of them will be solely responsible for
the full payment of all attorney's fees and other costs
heretofore and hereafter incurred, respectively, by each of them
in connection with the negotiation, preparation, and execution of
this agreement, and in connection with any action commenced by
either party with respect to the divorce of the parties. Each
party further agrees hereby to indemnify and hold the other party
harmless from any demand, claim, loss, cost and expense
(including additional attorney's fees) arising from a failure to
pay all of the aforesaid attorney's fees and other costs.
31. Informed and Voluntary Execution. Each party to this
agreement acknowledges and declares that he or she, respectively:
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A. Is fully and completely informed as to the facts
relating to the subject matter of this agreement and as to the
rights and liabilities of both parties.
B. Enters into this agreement voluntarily after
receiving the advice of independent counsel, free from fraud,
undue influence, coercion or duress of any kind.
C. Has given careful and mature thought to the making
of this agreement.
D. Has carefully read each provision of this
agreement.
E. Fully and completely understands each provision of
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this agreement.
32. Mutual Cooperation. The Husband and the Wife shall
each concurrently herewith, or at any time hereafter or. the
demand of the other, execute anv other documents or instruments,
and do or cause to be done any other acts and things as may be
necessary or convenient to carry out the intents and purooses of
this agreement.
33. Severability. If any provision in this agreement is
held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless
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continue in full force and effect without being impaired in
invalidated in any way.
34. Reconciliation. If there should be a reconciliation of
the parties after the date of execution of this agreement, this
agreement shall nevertheless continue in full force until it is
modified or abrogated by another written instrument to that
effect signed by each of the parties hereto.
35. Future Earnings. All income, earnings or other
property received or acquired by either party to this agreement
on or after the date of execution of this agreement shall be the
sole and separate property of the receiving or acquiring party.
Each party, as of the effective date of this agreement, does
hereby and forever waive, release and relinquish all right, title
and interest in all such income, earnings or other property so
received or acquired by the other.
36. Waiver of Rights. Each of the parties hereby
irrevocably waive all rights which he or she may have to request
any court to equitably distribute the marital property of the
parties or to have alimony, alimony pendente lite or counsel fees
awarded to either party, it being the express intention of the
parties hereto to fully settle all claims which they have with
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respect to each other in this agreement. Each of the parties
further agree to consent to the entry of a Decree in Divorce.
37. Waiver of Breach. 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.
38. Survival of Agreement. if any term, condition, clause
or provision of this agreement shall; by its reasonable
interpretation, be intended to survive and extend beyond the
termination of the marriage relationship presently existing
between the parties hereto, said term or terms, condition or
conditions, clause or clauses, provision or provisions, shall be
so construed, being the exoress intention of both parties hereto
to have this agreement govern their relationship now or
hereafter, irrespective of their marital status.
39. Jurisdiction. This agreement shall be construed under
the laws of the Commonwealth of Pennsylvania, and both parties
consent and agree to the jurisdiction of the Court of Common
Pleas of Cumberland County, Pennsylvania, on account of any suit
or action brought with respect to this agreement or any
provisions or matters referred to in any provisions thereof.
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40. Agreement Binding on Parties and Heirs. This agreement
shall be binding in all its terms, conditions, clauses and
provisions of the parties hereto and their resoective heirs,
administrators, executors and assigns.
41. Divorce. Husband and Wife agree, upon the expiration
of the ninety (90) day waiting period, to execute all Affidavits
of Consent and other documentation necessary to have a divorce
decree entered pursuant to Section 3301(c) of the Divorce Code of
Pennsylvania on the ground that the marriage is irretrievably
broken.
42. Headings. The headings or captions preceding the
paragraphs in this agreement are inserted for convenience of
reference only and shall not be construed in interpreting this
agreement.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year above first written.
i /
(SEAL) Daphne Hope Saver4
Ct 7,
(SEAL) avid Micha a er
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DAPHNE H. SAYERS,
Plaintiff
VS.
DAVID M. SAYERS,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 99-6876 CIVIL TERM
IN DIVORCE
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 S3301(c)
XK101p9Y913 of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: November 20,
Certified Mail, Restricted Delivery, Return Receipt Requested, postage prepaid
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required
by 5330L(c) of the Divorce Code: by plaintiff Feb. 22, 2000
by defendant Feb. 22, 2000
(b)(1) Date of execution of the affidavit required by 53301(d)
of the Divorce Code: (2) Date of filing and
service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: NO CLAIMS RAISED
S. 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:
(b) Date plaintiff's Waiver of Notice in S3301(c) Divorce was
filed with the Prothonotary: :;' -,?y -p c,
Date defendant's Waiver of Notice in 53301(c) Divorce was
filed with the Prothonotary:
1999. U.S.
Attorney `for (P)e6-j-ntiff)(U&F.6Hdao:t)
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DAPHNE H. SAYERS,
Plaintiff
v.
DAVID M. SAYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.'-? CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims
set forth in the following pages, you must take prompt action. You are
warned that if you fail to do so, the case may proceed without you and a
Decree of Divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property
or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or 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, PA 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
Telenhone• (717) 249-3166
:1 \Aiv\vn?crn.ccm.Aty
DAPHNE H. SAYERS,
Plaintiff
v.
DAVID M. SAYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
1. The Plaintiff in this action is DAPHNE H.SAYERS, an adult
individual, who currently resides at 8 Holly Lane, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
2. The Defendant in this action is DAVID M.SAYERS, an adult
individual, who currently resides at 6130 Parson Drive, Harrisburg, PA
17111.
3. Both the Plaintiff and the Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least sip: (6)
months immediately previous to the filing of this complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage
on June 6, 1994, in Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties hereto in this or any other jurisdiction.
6. The Plaintiff avers as the grounds upon which this action is
based is that the marriage between the parties hereto is
-1-
irretrievably broken.
7. The Plaintiff avers there was one child born of this
marriage.
8. The Plaintiff has been advised that counseling is available
and that the Plaintiff may have the right to request- that the court
require the parties to participate in counseling.
9. The Plaintiff requests the court to enter a decree of
divorce.
I verify that the statements made in this complaint are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 P.C.S. §4904, relating to unsworn falsification
to authorities.
DAPHNE H. SAYERS, Plaintiff
Date
STONE LaFAVER & SHEKLETSKI
ElizabethB:/Stone,Eaqulre
Supreme ourt ID 60251
414 Bridget? eet, P.O. Box E
New Cum?er? nd, PA 17070
Telep?one?'717-774-7435
Attorneys for Plaintiff
-2-
n
DAPHNE H. SAYERS,
Plaintiff
v.
DAVID M. SAYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6876 CIVIL, TERM
CIVIL ACTION - IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code
was filed on November 15, 1999.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
complaint 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.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica-
Zion to authorities.
Date DAPHNE H. SAYERS, Plaintiff
DAPHNE H. SAYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6876 CIVIL TERM
DAVID M. SAYERS,
Defendant CIVIL ACTION - IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code
was filed on November 15, 1999.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
complaint 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.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica-
tion to authorities.
Date
f 1\tl r:\1 ..,..c.cat
DAPHNE H. SAYERS,
Plaintiff
v.
IN THE COUR OP COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6876 CIVIL TERM
DAVID H. SAYERS, CIVIL ACTION - LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER 5 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will be
sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsifica-
tion to authorities.
Date DAPHNE H. SAYERS, Plaintiff
flAcf:V'I1 N.11vv.not
DAPHNE H. SAYERS,
Plaintiff
V.
DAVID H. SAYERS,
Defendant
: IN THE COURT OF COP I ON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-68765, CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will be
sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica-
tion to authorities.
Date DAVID M.c-SA S, D f••ndant
i5'::
?1:.:
DAPHNE H. SAYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-6876 CIVIL TERM
DAVID M. SAYERS, CIVIL ACTION - LAN]
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
I, Elizabeth B. Stone, of Stone LaFaver & S hekletski, attorneys
for the plaintiff hereby certify that I served the Complaint in
Divorce in the above captioned matter on the defendant, David M.
Sayers, at 6130 Parson Drive, Harrisburg, PA 17111, by United States
Certified Mail, postage prepaid, restricted delivery, on November 20,
1999, as evidenced by the attached Certified Mail return receipts.
ELIZ
'P?TfH B STONE
Attorney" at Lav
SWORN TO AND SUBSCRIBED
before me /this 41act day
of I7nJV'7)L6eA 1999.
Nota"y Public
NOV,111AL seAL
KATE Pl. LUCi<el; ilcpublic
Plevr Cumoc:land 9cro. Cumb^rlnnd Co.
Afy Corn;ni„ion[rpL•e, IAarch 17, :Cpl
14
EBS
Z 143 615 169
US Postal Service
RecIT, ipt for Certified Mail
No In rance Coverage Provided.
0o se for International Mail ISww rwvw.em
SentI
Mr. David M. Sayers
Poll 8 Numaer
130 Parson Drive
Post Office. State, 8 LP Coda
1 11 1
Postage S 5
Ceofed Fee
Special Delivery Fee
Hawed Delivery Fee
a
Holum Receipt Showing to
'
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Whom A Date Delivered cn
i ReWnR inm,
Dale
T IA ostNay Fee
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ark erD e?
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