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HomeMy WebLinkAbout08-6486n ?rn rya ? ?l ? 5 Pe-r\ ASa- V'\ tCL- ?rv??C L1 vi' +Grp^ U S . C,o ?.Pl a.sw?- r,. 1?.v a.Gc ?AV2?1?oc-? N o-r%Q E -To tE roj-b YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 P COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA In re the Marriage of Richard Damon Davenport Jr. Husband Tina Sue Davenport Wife Tina Sue Davenport Plaintiff VS. Richard Damon Davenport Jr. Defendant 1. 2. Case No. Q W'- (-p` li 40 c W : t ?C t P% COMPLAINT FOR DIVORCE The above named Plaintiff and Defendant respectfully submit the following: Information about PLAINTIFF Name: Tina Sue Davenport Age: 46 ; Date of Birth: 10/08/1961 Address: 519 Highland Ct City: Carlisle State: Pennsylvania; County: Cumberland , Zip Code: 17013 Length of Residence in the State of Pennsylvania: Occupation: Systems Integrator Social Security Number: 208-50-5943 46 Years Information about DEFENDANT Name: Richard Damon Davenport Jr. Age: 48 ; Date of Birth: 08/26/1960 Address: 4407 Byers Road City: Chambersburg State: Pennsylvania; County: Franklin , Zip Code: 17202 Length of Residence in the State of Pennsylvania: 48 years _i Occupation: Diesel Mechanic Foreman Social Security Number. 183-56-8765 3. The Parties were marled on 10/24/1981 , at Chambersburg, PA The Plaintiff meets the residence requirements for bringing an action for dissolution of marriage. 4. There are no minor children that have been born of our marriage. 5. The wife of the marriage is ? is not pregnant at the time of the filing of this Complaint for Divorce. 6. This Complaint for Divorce should be granted on the following grounds: The marriage is irretrievably broken. 7. The parties hereto have agreed to and signed the attached Separation Agreement, and the same together with all amendments hereafter made, is hereby incorporated into this Complaint for Divorce as if fully set forth herein. Said Separation Agreement provides an agreed upon and equitable distribution of all marital and non-marital assets and liabilities. 'The parties hereto acknowledge that a full and complete disclosure of all financial obligations and assets/holdings of each party has been made to the other. 8. The wife of the marriage, has not requested that her former name be restored. 9. The parties hereto, each being over 18 years of age and not under any disability, and each entitled to receive summons/pleadings as a party in the above action for Complaint for Divorce, do each hereby waive service of summons in accordance with the Pennsylvania Rules Civil Procedure and/or the rules of this Court, and state that they each have received a copy of this Complaint for Divorce and voluntarily enter their appearance herein. WHEREFORE, the parties hereto hereby request the following: 1. A Dissolution of the bonds of matrimony between Plaintiff and Defendant; 2. That the parties to this Divorce be and returned to their previous status as unmarried persons; 3. That all marital assets and liabilities be distributed in accordance with the attached Separation Agreement and that the terms of the Separation Agreement be incorporated into the Final Judgment of Divorce; 4. That spousal support shall be provided is waived in accordance with the attached Separation Agreement; 5. That any other and further relief, as is set forth in the attached Separation Agreement, be awarded and granted to the parties. Verification and Acknowledgments a. I have read this document. To the best of my knowledge, information and belief the information contained in this document is well grounded in fact and is warranted by existing law. b. I have not been determined by any Court in Pennsylvania or in any other State to be a frivolous litigant and I am not the subject of an Order precluding me from serving or filing this document. C. I am not serving or filing this document for any improper purpose, such as to harass the other party or to cause delay or needless increase in the cost of litigation or to commit a fraud on the Court. d. I understand that if I am not telling the truth or if I am misleading the Court or if I am serving or filing this document for an improper purpose, the Court can order me to pay money to the other party, including the reasonable expenses incurred by the other party because of the serving or filing this document, Court costs, and reasonable attorney's fees. Tina Sue Daven ort , Plaintiff Dated &JOL'ov -1007, DEFENDANT AGREES & CONSENTS TO THE RELIEF REQUESTED IN THIS DISSOLUTION 6141 PAMOM Richard Damon Davenport Jr. , Defendant Dated: f!l, AF-0 A( ACKNOWLEDGEMENT STATE OF ) COUNTY OF L r? ) Before me, a Notary in and for said County and State, appeared :Richard Damon Davenport Jr. the Husband in the above Complaii t/Petition, who acknowledged that he did read the foregoing Complaint/Petition and knows the contents thereon; and that the matter, facts and things stated therein are true to the best of his knowledge and belief; and that the same is his free act and deed IN TESTIMONY WHEREOF I have hereunto set my hand and official seal, at ?ay?U Y" e this 2?day of 6,C4 , 20? Notary Poft- (? { -? COMM(jNWtA1Jh be e+00b rLVANIA My Co ' i Expires: _ 1 vim NOTARIAL SEAL MIE S. HOCK, Notary Public City of Fayetteville, Franklin County My Commission Expires May 3, 2012 STATE OF ) COUNTY OF ) Before me, a Notary in and for said County and State, appeared Tina Sue Davenport , the Wife in the above in the above Complaint/Petition, who acknowledged that she did read the foregoing Complaint/Petition and knows the contents thereof, and that the matter, facts and things stated therein are true to the best of her knowledge and belief, and that the same is her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal, at O ngub LE this L ay of W-D L3 E!Z , 20L. Notary Public My Commission Expires: I I i d NOTARML pAL CAMELA J MANQU HAMILTON TIOR H AMM COON1r my --W 0 v 11111016ft Jun 21.2010 !" t3iiC?I1? tldiffi1413s?j'.`t° C`3 t1 W , ` -» r-r?z W W ?P? W Tina Sue Davenport, Plaintiff V. Richard Damon Davenport, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. : NO. 08-06486 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Richard Damon Davenport, Jr., hereby certify that I was served a true and correct of the Complaint in Divorce filed in the above-captioned matter as well as the Counteraffidavit under 3301(c) of the Divorce Code, Waiver of Notice of Intention to Request Divorce Decree and Affidavit of Consent by Geraldine R. Fisher, an adult individual, handing the same to me on October 31, 2008, at 7:00 pm, at 4407 Byers Road, Chambersburg. 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 unworn falsification to authorities. Date: aa:? co Tina Sue Davenport, Plaintiff v. Richard Damon Davenport, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 08-06486 CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on (date). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 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 unworn falsification to authorities. Date: Richard D on Da' enport, r., Defendant i i . f?? ? -, . . ,. . ? t. J .,_? ., Tina Sue Davenport, Plaintiff V. Richard Damon Davenport, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 08-06486 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 falsification to authorities. Date: / o L7 U`2 &:?? I Tina Sue Davenport , Plaintiff r °7Y 3 :.3 e„ 9 mw ? ?F'1 Tina Sue Davenport, Plaintiff V. Richard Damon Davenport, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 08-06486 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 falsification to authorities. Date: l - 36 -0 Richard Damon D enpo Jr., Defendant w.a3 - Tina Sue Davenport, Plaintiff V. Richard Damon Davenport, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 08-06486 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on (date). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 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 unworn falsification to authorities. Date: Ado =j?/ & Tina Su avenport , Plainti Cas-e No. bY-bCvV DAVENPORT PROPERTY SETTLEMENT AGREEMENT Tina Sue Davenport, hereinafter referred to as "Petitioner," and Richard Damon Davenport, Jr., hereinafter referred to as "Respondent," hereby agree to the following: A. Preliminary Matters 1. Petitioner and Respondent were lawfully married on October 24, 1981, at Chambersburg , PA, in the County of Franklin. Because certain irreconcilable problems have developed between Petitioner and Respondent, they have agreed to live separately and apart, have filed for divorce, and are attempting to resolve the property issues between them without going to trial. 2. Petitioner and Respondent have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement. 3. Petitioner and Respondent have each been advised and counseled by advisors of their choosing regarding their legal rights as related to this agreement. 4. This agreement is intended to be a final disposition of the matters addressed herein and may be used as evidence and incorporated into a final decree of divorce or dissolution. 5. Should a dispute arise regarding the enforcement of this agreement, the prevailing party will be entitled to his or her reasonable costs and attorney's fees. The Respondent will assume full ownership of the family home, located at 4407 Byers Road, Chambersburg, PA 17202. do? -46 C Personal Property The personal property of the parties that has not already been divided between them, including but not limited to household furnishings, clothing, collections, computer equipment, and artwork, will be divided as follows: To Petitioner: 2008 Toyota To Respondent: Ford F150 D. Vehicles The parties agree that each will retain the vehicles that are currently in their individual possession, including but not limited to automobiles, recreational vehicles, and boats, and that they will execute whatever documents are necessary to effectuate and reflect any changes in the record ownership of such vehicles. E. Retirement Accounts Petitioner and Respondent agree to waive any rights that each may have in the pension of the other. All other retirement accounts now individually held and maintained will be and remain the separate property of the spouse in whose name the asset is now held. F. Attestation Agreed to this day of v- Petitio Respondent zlo:? itnesse by: (Witness or signatdj;6) [NOTARY PUBLIC MAY AFFIX STAMP HERE] NOWAK am CABANA J MANGN Notary PlAft NAMUM IM MIN" COUNIV of OMM000 low Jun 21, me (WRness or counsel signature) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TAMWIL .7. HOCK, Notary Public City of Fayetteville, Franklin County My Commission Expires May 3, 2012 ? - :°? ??., r? __ ? ?;:?, ?.- _,,7? r, _ -? ?t ' s ;?< . ti ? . a: AyM/F?u?vswr?a?w.?>?w. .!-?rs'dPMlu^!e',-..r.n .ni.?4rys?«:.? a -.,F; n??s Tina Sue Davenport, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. V. NO. 08-06486 CIVIL ACTION -LAW Richard Damon Davenport, Jr., Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c)/3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: -Complaint for Divorce filed on October 31, 2008. 3. • Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff (1/30/09); by defendant (1/30/09). • Date of execution of the affidavit required by § 3301(d) of the Divorce Code (date); date of filing and service of the plaintiff's affidavit upon the respondent (date). 4. Related claims pending:-None. 5. • Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (date) (how served). • Date plaintiff's Waiver of Notice was filed with the prothonotary (1/30/09), date defendant's Waiver of Notice was filed with the prothonotary: (1/30/09). L r er .p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tina Sue Davenport V. Richard Damon Davenport Jr. ; NO, 2008-06486 DIVORCE DECREE AND NOW, "v-4o y3 3 , ?A -, it is ordered and decreed that Tina Sue Davenport , plaintiff, and Richard Damon Davenport Jr. , 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 Court, J?, L?x Attest: J. 0-JJ'? &?gj Prothonotary t r *Opp `