The URL can be used to link to this page

Home My WebLink About08-3908o , Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff KERRY H. DAVENPORT, Plaintiff V. JOHN P. BOOTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. U9 3 90e cxl -r-1 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 r 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 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. 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 PAMELA L. PURDY ATTORNEY FOR PLAINTIFF Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdyC)verizon.net Attorney for Plaintiff KERRY H. DAVENPORT, Plaintiff JOHN P. BOOTH, V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 0y - 3 94 P (-l T : IN DIVORCE COMPLAINT IN DIVORCE COUNTI Divorce Under 3301(c) of the Divorce Code 1. Plaintiff is Kerry H. Davenport who currently resides at 845 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is John P. Booth who currently resides at 2739 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on dune 8, 2002 at Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. WHEREFORE the Plaintiff requests this Court to enter a decree of divorce under Section 3301(c) of the Divorce Code. Respectfully submitted, let e - Pamela L. Purdy Attorney for Plaintiff Dated: gv,.X- 26 2604 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Kerry H. venport Dated: Y ? w 7 3 ?.".y -7, r KERRY H. DAVENPORT, Plaintiff V. IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3908 CIVIL TERM JOHN P. BOOTH, Defendant CIVIL ACTION - LAW IN DIVORCE, PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker & Brenneman. P. C. as attorneys for Defendant John P. Booth in the above-captioned action. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: July 22, 2008 (717) 697-8528 Attorneys for Defendant John P. Booth LAW OFFICES SNELBAKER & BRENNEMAN, P.C. f 1 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Pamela L. Purdy, Esquire 308 North Second Street Suite 200 Harrisburg, PA 17101 Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant John P. Booth Date: July 22, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r-? [ 1 `? wt°1 f- cx'S ?; '' ?- _? ? .?j.' '_C._. ?? `..., ". ( ? C..? .,. .., r^." Pamela L. Purdy Attorney ID No. 85783 308 N. 2^d Street, Ste. 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 (717) 221-8403 facsimile pipurdy@verizon.net Attorney for Plaintiff KERRY H. DAVENPORT, PLAINTIFF V. JOHN P. BOOTH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAP : NO. 08-3908 IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above matter. Date: -? 0 '3 John P. Booth ,,..? 1..,:, `°' ?::, _rr .? ;??e { _ .? ?? "!"4 -..#*, ?? ?e ?. r*°?? , .: .. ?,,i..y ..?4 KERRY H. DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- CIVIL TERM JOHN P. BOOTH, Defendant CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of the Plaintiff and the 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. 4. 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 falsification to authorities. Date: ?/f 1 111411 _ I / John P. Booth, Defendant on Cry ? G SR t!t KERRY H. DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- CIVIL TERM JOHN P. BOOTH, Defendant CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S 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. 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. 4. 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 falsification to authorities. Date: MAO Z 2 Dfl John P. Booth, Defendant rrrr.- T Cfs.. I, y N Ctt Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2"d St., Ste. 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdy0verizon.net Attorney for Plaintiff KERRY H. DAVENPORT, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. BOOTH, Defendant : NO. 08-3908 CIVIL : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 1, 2008. 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 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: J 1- p 9 KERRY H. DAV ORT rc L 10 tJi . -16 Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2nd St., Ste. 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Counsel for Plaintiff KERRY H. DAVENPORT, Plaintiff V. JOHN P. BOOTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3908 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 to 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 falsification to authorities. Dated: KERRY H. DAV ORT -2- rr7 cst ---q --% Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2na St., Ste. 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax pipurdy@verizon.net Attorney for plaintiff KERRY H. DAVENPORT, Plaintiff V. JOHN P. BOOTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3908 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by regular U.S. Mail, and Certified, Restricted Mail, return receipt requested. Defendant signed an Affidavit of --4 A16 Acceptance of Service on July 19, 2008, which was filed of record on August 1, 2008. 3. Date of execution of Affidavit of Consent required by §3301(c) of the Divorce Code: By the Plaintiff: March 21 2009 By the Defendant: March 2, 2009 4. Related claims pending: none. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contemporaneously with this Praecipe Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contemporaneously with this Praecipe Date: RO Vd, 2 , Z60 By: Pamela L. Purdy -2- E' -r cr% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY H. DAVENPORT V. JOHN P. BOOTH DIVORCE DECREE AND NOW, MAta ID KERRY H. DAVENPORT NO. 08-3908 -->(Pl , it is ordered and decreed that plaintiff, and JOHN P. BOOTH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Attest: J. Prothonotary w ' 1' !l t . y ,`? i -b(/ . " KERRY H. DAVENPORT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 08-3908 JOHN P. BOOTH, Defendant IN DIVORCE JOINT MOTION FOR ENTRY OF COURT ORDER AND NOW, comes Plaintiff Kerry H. Davenport, by and through her counsel, Pamela L. Purdy, Esquire, and John P. Booth, by and through his counsel, Keith O. Brenneman, and files this Joint Motion for Entry of Court Order, and in support thereof, avers as follows: 1. Plaintiff is Kerry H. Davenport, an adult individual who currently resides at 845 Kiehl Drive, Lemoyne, PA 17043. 2. Defendant is John P. Booth, an adult individual who currently resides at 3100 Columbia Avenue, Camp Hill, PA 17055. 3. The parties were married on June 8, 2002. 4. The parties were divorced on March 10, 2009. 5. The parties entered into a comprehensive Marital Settlement Agreement on March 2, 2009. A true and correct copy of the Marital Settlement Agreement is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 6. The parties entered into an Amendment to Marital Settlement Agreement on AUg d A true and correct copy of the Amendment to Marital Settlement Agreement is attached hereto as Exhibit "B" and incorporated herein as if fully set forth. 7. In the Amendment to Marital Settlement Agreement the parties agreed that Defendant would provide health insurance coverage for Plaintiff in accordance with the terms contained in the Amendment to Marital Settlement Agreement as long as it is available to him through his current employer or until further agreement of the parties. 8. In addition, in the Amendment to Marital Settlement Agreement, the parties agreed that said agreement regarding health insurance would be entered as an Order of Court. 9. The parties are filing this Motion jointly. 10. Judge Bayley has previously ruled in this matter. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order for Defendant to provide health insurance for Plaintiff in accordance with the Amendment to Marital Settlement Agreement as long as it is available to him through his current employer or until further agreement of the parties. Respectfully submitted, 4 ? 0 - z'. Eu" V Pamela L. Purdy Counsel for Plaintiff 14"-- Keith O. Brenneman Counsel for Defendant Dated: 194 11,206) 0 u F s 0 t> z, u n to G. 4 Q. U w v r v CL AMENDMENT TO MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ilif-o' day of , 2009 by and between KERRY HARTWICK DAVENPORT, 845 Kiehl Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and JOHN PHILIP BOOTH, 146 Clouser Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 8, 2002 at Mechanicsburg, Pennsylvania, and are the parents of the following children: Name Casey Magnolia Davenport Booth Hartwick Davenport Booth Catherine Ockuly Davenport Booth Date of Birth October 22, 1999 March 30, 2004 August 8, 2005 WHEREAS, the parties separated on March 6, 2007; and, WHEREAS, the parties entered into a Marital Settlement Agreement on March 2, 2009; WHEREAS, the parties desire to amend the Marital Settlement Agreement regarding Husband's obligation to provide health care benefits; AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: Husband and Wife agree that Husband shall provide health insurance coverage through his current employer for Wife in the same level of coverage and cost to Husband as provided to Husband as long as it is available to him through his current employer or until further agreement of the parties. 2. In the event Husband is required to pay the premium for such coverage, Wife agrees to reimburse Husband for all amounts paid by Husband within 10 days of any such payment by Husband. 3. This agreement shall be entered as an order of court. 4. The parties incorporate the Marital Settlement Agreement dated March 2, 2009 by reference as if fully set forth and said Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WIT Kerry H. Davenport, Wife WITNESS John P. Booth, Husband COMMONWEALTH OF PENNSYLVANIA COUNTY OF c. •???Q BEFORE ME, the undersigned authority, on this day personally appeared KERRY H. DAVENPORT, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this' day of 2009. Notary Public •?b?ONWEALTH OF PENNS1f1.VAN l?? _ NOTARIAL SEA. LINDA SAWYER, Notary PW* Camp Hill SM, CW*V11 ad Cow* uu Commission Expires Fsbpjwy 12, 2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu rn30"-t*ej') BEFORE ME, the undersigned. authority, on this day personally appeared JOHN P. BOOTH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f7 day of , 2009. - R 40"b- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sandra K Showers. Notary Pd* Medw*sburq C,corn Ctnnnberiand County My camission E-aorns Nov. 22, 2011 Member, Pennsylvania Association of Notaries AUG `: 9 2009 KERRY H. DAVENPORT, Plaintiff V. JOHN P. BOOTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-3908 : IN DIVORCE ORDER AND NOW, this ? day of , 2009, upon consideration of the parties' Joint Motion for Entry of Court Order, it is hereby ORDERED that Defendant shall provide health insurance for Wife in accordance with the parties' Amendment to Marital Settlement Agreement as long as it is available to him through his current employer or until further agreement of the parties. Distribution: -' Pamela L. Purdy, Esq. 308 N. Second Street, Suite 200 Harrisburg, PA 17101 Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 CorES eytat , eAolq =2:;? FILED-OBE OF PrE TH(ON '3TARY 2069 AUG 20 AM 9= 45