HomeMy WebLinkAbout07-3334I 4b
Thomas D. Gould, Esquire
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
MARTHA L. CAVE,
PLAINTIFF
IN THE.COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 3-735 CIVIL TERM
IN DIVORCE
V.
WILLIAM H. CAVE, III,
DEFENDANT
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 is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, Carlisle, Pennsylvania.
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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-31.66
1-800-990-9108
MARTHA L. CAVE,
PLAINTIFF
V.
WILLIAM H. CAVE, III,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 333Y CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Martha L. Cave who resides at an
undisclosed location in Cumberland County and receives service
through her attorney, Thomas D. Gouid, 2 East Main Street,
Shiremanstown, Cumberland County, Pennsylvania 17011.
2. The Defendant is William H. Cave, III, whose last
residence was at 301 S. Washington Street, Apartment A,
Mechanicsburg, Cumberland County, Pennsylvania who has stated that
he is currently using the mailing address of John Hoke, 72 Roop
Street, Highspire, Dauphin County, Pennsylvania 17034.
3. The Plaintiff and Defendant have been bonafide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 4,
2002 in Waynesboro, Virginia.
5. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
8. There were no children born of this marriage.
9. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
10. Plaintiff requests the court to enter a decree of
divorce.
Thomas D. Gould
Attorney for Plaintiff
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
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 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
Date: 0
Mart . Cave
a
NOTICE QF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a
divorce proceeding filed in the Court of Common Pleas of Cumberland
County. This notice is to advise you that in accordance with
Section 3302(c) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to
a divorce being handed down by the court. A list of professional
marriage counselors is available at the Domestic Relations Office,
13 North Hanover Street, Carlisle, Pennsylvania. You are advised
that this list is kept as a convenience to you and you are not
bound to choose a counselor from this list. All necessary
arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
If you desire to pursue counseling, you must make your request
for counseling within twenty days of the date on which you receive
this notice. Failure to do so will constitute a waiver of your
right to request counseling.
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05/30/2007 14:53 7177611974 THOMAS B GOULD ESG PAGE 02/07
SEPARATION AND PROPERTY SETTL]?MENT jNMEM ENT
THIS AGREEMENT made this -Y( 'lay of Adz. , 2007, by
and between WILLIAM CAVE, (hereinafter referred to as "Husband")
and MARTHA CAVE, (hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on August
4, 2002; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they intend to live apart from each other; and
WHEREAS, there were no children, born,of*this marriage; and
WHEREAS, Husband and Wife desires to settle and determine their
rights and obligations; and
NOW, THEREFORE., the panties intending to be. legally bound
hereby do covenant 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 party at such place or
places as he or she may from time to tame choose or deem fit. The
foregoing provisions shall not be taken as an admission by either
party as to -the lawfulness or unlawfulness of the causes leading to
their living apart.
2. IrrrmR?eR?eNCE
Each party shall be free from interference, authority,
and contact by the other as fully as if he or she were single and
unmarried except as maybe necessary Ito carry out the provisions of
the agreement. Neither party shall molest the otherr.nor attempt to
endeavor to molest the other, nor compel 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.
3. DIVISION OF PERSONAL PROPERTY
The parties have equitably divided between them to their
mutual satisfaction the personal affects, household furniture and
furnishings and all other articles of personal property which
heretofore have been used by them in common: Neither party will
make any claim to any items which are now in the possession nor
005/30/2007 15:2? 7177511°74 THOMAS D GOULD ESQ PACE 82/02
under the control cf the other. Husband agrees to return to Wife
her motorcycle jack6t and helmet and the two containers with the
name and address files.
4. AUTONOBILES
The parties shall maintain their separate vehicles.
Husband is to be the owner of the 1997 Audi, 1989 Volvo, 1994
Triumph Motorcycle and a Cannonade road bicycle and Wife is to be
the owner of the 1994 Honda Civic. Husband shall have all right
and title to his vehicles. He shall maintain insurance on his
vehicles and be responsible for any and all maintenance, liens and
other payments related thereto. Husband shall indemnify and hold
Wife harmless for all matters related to his vehicles. Wife shall
have all right arLd title to her vehicle and shall maintain
insurance on her vehicle and be responsible- for any and all
maintenance, liens and other payments related to her vehicle. Wife
shall indemnify and.,hold Husband harmless for all matters related
to her vehicle.
5. DIVISION OF REAL PROPERTY
The parties own no real estate.
6. 1?+NIRITAL DEBTS
Husband shall be responsible for all marital debts solely
in his name. Wife shall be responsible for all marital debts
solely in her name. Each party agrees to. indemnify and hold the
other harmless for any debt that they are responsible for pursuant
to this Agreement. Each party agrees not to attempt to discharge
any debt owed to the other pursuant to this Agreement in any
bankruptcy proceeding. Husband shall pay Wife $12,000.00 to
compensate her for her marital debts. Husband shall pay $6,000.00
on or before Friday,'June 1, 2007 and the-remaining-$6,000.00 on or
before September 1, 2007.
7. PENSION AND RETIR04ENT ACCOUNTS'
Husband and Wife shall maintain their ' separate pension
and/or retirement accounts. Husband relinquishes any and all right
and interest he may have in Wife's pension.or retirement accounts.
Wife relinquished any and all right and interest she may have in
Husband's pension or retirement accounts.
8. SUPPORT/ALIMONY/ALIMM PENAENTE L'ITE
The parties hereby waive, release, discharge and give up
2
1%05/30/2007 14:53 7177611974 THOMAS D GOLLD ESQ PAGE 04/07
any rights either may have against the other to receive spousal
support, alimony pendente lite or alimony. Upon receipt by Wife's
attorney of $6,000.00 plus $1,000.00 from Husband, on or before
Friday June 1, 2007, Wife will withdraw the spousal support
petition currently schedule for conference on Monday, June 4, 2007
in the Cumberland County Domestic Relations Office.
9. FILING OF IRS RXTMN
Husband and Wife agree to file a separate tax return for
tax year 2007 and all subsequent years.
10. DIVORCE
Wife agrees to file a no fault divorce in Cumberland
County, Pennsylvania. The parties agree to cooperate with each
other in obtaining a final divorce of the marriage. It is agreed
that the parties shall execute and allow to be filed the documents
necessary to obtain an uncontested no--fault divorce. The terms and
conditions of this agreement shall be bidding on -the parties in
any divorce action. Husband shall pay Wife's attorney, Thomas D.
Gould, $1,000.00 on or before Friday, June 1, 2007. Other than the
initial $1,000.00 payment by Husband to Wife's attorney, each party
shall be responsible for their respective attorney fees and costs.
11. INCORPORATION
This agreement is to be incorporated into any subsequent
Decree in Divorce.
12. CONTINUED COOPERATION
The parties agree that they will within fifteen days
after the execution of this agreement, or request of the other
party, execute any and all written instruments assignments,
releases, deeds or notes or other such writings as may be necessary
or desirable for the proper effectuation of this agreement.
13. BREACH
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, and the party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this
agreement or for seeking such other remedies or relief as may be
available to him or her.
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105/30/2007 14:53 7177611974 THOMAS D GOULD ESQ PACE 05/07
1.4. VOLUNTARY AORSMINT
The provisions of this agreement are fully understood by
both parties and each party acknowledges that-the agreement is fair
and equitable, that it is being entered into voluntarily, and that
it is not the result of any duress or undue influence.
15. WAIVER 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, curtest', statutory allowance, widows allowance, right to
take in intestacy, right to take against the will of the other and
the right to act as administrator/executor of the other's estate.
16. BINDING AFFRCT
This agreement shall be banding upon the parties' heirs,
successors and assigns.
17. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this agreement shall be effective' only if made in writing and
executed with the same formalities as this agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
19. PRIOR A6RNTS
It is understood and agreed that any prior agreements
which may have been made or executed or verbally discussed prior to
the date and time of this agreement are null and void.
19. ENTIRE AMZMENT
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.
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95/38/2aa7 14:53 7177511974 ThCM'A5 D GOULD r_sr PAGE 66/07
2 0. DEScAMM n=
The descriptive headings used herein are for convenience
only. They shall not have any ti.nding affect whatsoever in
determining the rights or obligations of the parties.
21. APPLICABLE LAW
This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties set thei hands d seals
2/w, ness Date Willi cave
O O ?_
Witness Dat r- I h Cave
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05/30/2007 14:53 7177611974 TN'3MAS D GO.11 D ESQ
PAGE 07/07
State of F-L
ss
County of NN s
PERSONALLY APPEARED BEFORE ME, this 3 l day of this ,
2007, a notary* public, in and for the Commonwealth of PAn.+rm«, *a;i fc
William Cave, known to me (or sati.tifactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that he executed the ::ame for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal..
NOTARY PUBLIC-STATE OF FLORIDA
John F, Kavanaugh
Commission ;#DD3736B4
Expires: NO';. 21, 2003
I.'anded Thru Atiantie Bonding Co., Inc.
Commonwealth of Pennsylvania
County
N(;y ary Public
ss
PERSONALLY APPEARED BEFORE ME, this day of this ,
2007, a notary public, in and for the Commonwealth of Pennsylvania,
Martha Cave, known to me (or satisfactorily proven to be) the
person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal..
c? OMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARY HALKIAS, Notary Public
Camp Hill Boro, Cumberland County
u?,i (^onnrnission Expires Aug. 16, 203.0
J0
N r ublic
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MARTHA L. CAVE,
PLAINTIFF
V.
WILLIAM H. CAVE, III,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07 -3334 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on June 6, 2007.
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. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant to Rule 1920.42(e) I have waived the
requirement that I receive 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
_
DATED: J 1JL
MART L. CA
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09/14/2007 12:25 7177611974 T?DMAS D GOULD ESQ PAGE 02/03
MARTHA .L. CAVE,
PLAINTIFF
V.
WILLIAM H. CAVE, 111,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBMU AND COUNTY, PENNSYLVANIA
NO. 07 -3334 CIVIL TERM
IN DIVORCE
AFFIDAVIT 0 C_ONBE TAT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on June 6, 2007.
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. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant - to Rule 1920.42(e) I have waived the
requirement that I receive 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 subject
to the penalties of IS Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
G l?
DATED:
WILLIAM H. CAVE, III
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MARTHA L. CAVE,
PLAINTIFF
V.
WILLIAM H. CAVE, III,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUN13ERLAND COUNTY, PENNSYLVANIA
NO. 07 - 3334 CIVIL
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 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: !O 3 10? MARTHA L CAVE
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09/14/2007 12:25 7177611974 THOMAS D GOULD ESQ PAGE 03103
MARTHA L. CAVE,
MaNTIFF
V.
WILLIAM H. CAVE, LIT,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07 - 3334 CIVIL.
IN DIVORCE
WAIVER OF NOTICE OF TNTENTTON TO REMS?
SEMY 0 A DIVORCCREE. L11JDER
SEETION !ON- 301 o rH DIVORCE CODE
1. T consent to the entry of a final decree 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. 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 subject
to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn
falsification to authorities.
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DATED:
WILLI H. CAAVE, ZT `??
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MARTHA L. CAVE,
PLAINTIFF
V.
WILLIAM H. CAVE, III,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 3334 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I, William H. Cave, III, accept service of the Divorce
Complaint in the above captioned matter.
6--7 (AI 1?
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Dated:
WILLIAM CAVE I
C/O JOHN HOKE
72 ROOP STREET
HIGHSPIRE, PA 17034
DEFENDANT
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MARTHA L. CAVE,
PLAINTIFF
V.
WILLIAM H. CAVE, III,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 3334 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: June 14,
2007 by Acceptance of Service.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, October 3,
2007; By Defendant, September 14, 2007.
4. Related claims pending: None
5. Date Plaintiff' s Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on October 8, 2007.
Date Defendant's Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on October 8, 2007.
Thomas D. Gould, Esquire
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Aft
STATE OF PENNA.
MARTHA L. CAVE,
Plaintiff
NO. 2007-3334 CIVIL
VERSUS
WILLIAM H. CAVE, III,
Defendant
DECREE IN
DIVORCE
AND NOW, OG+C0 tlc 'O
DECREED THAT MARTHA L. CAVE
AND WILLIAM H. CAVE, I
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
IWO , IT IS ORDERED AND
, PLAINTIFF,
,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;
THE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT DAT
MAY 31, 2007 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Mar,Nna L Cavc
Plaintiff
Vs
W~[(~ am ~ eve (i~
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/ defendant in the above matter,
[select one by marking "x"]
File No. ~~ '~ O ~ ~ ~ L
IN DIVORCE
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prior to the entry of a Final Decree in Divorce,
or ~ after the entry of a Final Decree in Divorce dated Q ~~7
hereby elects to resume the prior surname of ,and gives this
written notice avowing his /her intention pursuant t e rovisions of 54 P.S. 704.
Date: p~
Signature
Sign a of name being resum
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ~umbetlA.nd )
on the aa~ day of ,~~~, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he /she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
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