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HomeMy WebLinkAbout09-7656COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff KATHERINE M. SHEPPARD, Plaintiff, VS. DONOVAN S. SHEPPARD, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. Oq - I (x% l:ivi I T?.rrn : 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. 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, Cumberland County Courthouse, 1 Courthouse Square, 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Bar Association 32 South Bedford Street 1-(800)-990-9108 717-249-3166 • Jaime L. High, Esquire Coyne & Coyne, PC Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff KATHERINE M. SHEPPARD, Plaintiff VS. DONOVAN S. SHEPPARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. IN DIVORCE COMPLAINT IN DIVORCE NOW COMES the Plaintiff, Katherine M. Sheppard, by her attorney, Jaime L. High, Esquire and files this Complaint in Divorce and avers the following in support thereof- 1 . The Plaintiff, Katherine M. Sheppard, is an adult individual residing at 104 Salt Road, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025. 2. The Defendant, Donovan S. Sheppard, is an adult individual residing at 820 E. Maple Street, Palmyra, Lebanon County, Pennsylvania 17078. 3. The Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 2 4. The Plaintiff and Defendant were married on June 20, 2009, in Enola, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant were separated on or about September 27, 2009. 6. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Further, Plaintiff waives his right to request that the parties participate in marriage counseling. COUNT I-REQUEST FOR A NO FAULT DIVORCE 9. The prior paragraphs of this Complaint are incorporated by reference. 11. The marriage is irretrievably broken. 12. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce and Plaintiff believes that Defendant may also file such an affidavit. 13. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. 3 WHEREFORE, if both parties file affidavits of consent to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully request the Court enter a Decree in Divorce, pursuant to Section 3301(c) or Section 3301(d), as may be appropriate. COUNT III - EQUITABLE DISTRIBUTION 14. The prior paragraphs of this Complaint are incorporated by reference. 15. Plaintiff and Defendant have acquired property, both real and personal, and debt during their marriage. 16. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and debt. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Dated: I I/V /0 1 Respectfully submitted: COYNE & COYNE, P.C. By: Z'` -'? J ' e L. High, Es ' e 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 91506 Attorney for Plaintiff 4 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: /O /Z<7 shtfiqmd Katherine M. Sheppard 2603 HIN - 6 AM S: 2 3 $ a4 A. 5o pp ATt/ ftt 1317 .G 0,f Pa''' a 33 oqg _uJim-' COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff KATHERINE M. SHEPPARD, Plaintiff, vs. DONOVAN S. SHEPPARD, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7656 CIVIL TERM IN DIVORCE PROOF OF ORIGINAL SERVICE OF COMPLAINT I, JAIME L. HIGH, ESQUIRE, hereby certify that I have, on November 9, 2009, caused a true and correct copy of the Complaint for Divorce to be served upon the Defendant named below by way of certified first class mail, restricted delivery, postage prepaid, return receipt requested: Mr. Donovan S. Sheppard 820 E. Maple Street Palmyra, PA 17078 Dated: ~, ~s ~ q COYNE & COYNE, P.C. By: L.`, Jain. High, Esf~re 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 91506 Attorney for Plaintiff ^ Complete items 1, 2, and 3. Also complet item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: po~ova~ S, S~,e-~~a~-~ ~d o .~, MgPle. st, r~, I°~ I7v7ff A. X B,',11Received by (Pr/nred Name) I D. Is delivery address dHfereM from Rem 1? If YES, enter delivery address below: ^ Agent ^ Addre; Date of Deli ~-9-a~ ^ Yes ^ No 3. ce Type Certified Mait ^ Express Mail -~;`s . ^ Registered ^ Return Receipt for Merchandise ~r ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number .~ - (rranste~ from service label) 7 0 6 ~ 1 ~ tl Q ~ ~ 3 4 8 B 2 9 4 2 PS Form 3811, February 2004 Domestic Return Receipt _ 102595-02-M-1540 riLF~` =~;~. 2009P~~~ 30 ~i 3~ 2J 1 h i _ ~ r---tii ir,. ~~ rh~.~ Y~ri',~~+~ ~~..,~r KATIIERINE M. SHEPPARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-7656 r., `:~ DONOVAN S. SHEPPARD, ,_ ';P~~'' --± _ r _ ,i Defendant. : IN DIVORCE - ~ ` `' Cy 'r ., i Y 31,+ MARRIAGE SETTLEMENT AGREEMENT - ~ - ` ~ '' r - ._ ~ THIS AGREEMENT, made this ~ ~ day of May, 2010, by and between Katherine M.~~• Sheppard, hereinafter referred to as "Wife", and Donovan S. Sheppard, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 20, 2009 in Enola, Cumberland County, Pennsylvania and separated on September 27, 2009; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities-and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Wife by her attorney, Jaime L. High, Esquire, and Husband, who has had an opportunity to review this agreement with counsel of his choosing prior to signing this agreement, have come to the following agreement. 1 I~.MS NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2, INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about September 27, 2009 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate nught be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurs ed by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about September 27, 2009 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall. indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBT: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations including prior to the signing of this Agreement. 2 k+~ 5 Each party agrees to pay the outstanding account/debt balance on credit cards in that person's name and further agrees to defend, indemnify, and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties 3 IBS established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The parties aclrnowledge Husband has received the HP Compaq NX6325 laptop from wife. Husband shall retain the coffee maker received as a wedding present and wife shall retain all other wedding presents. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all intangible marital property. The parties agree that with regard to the current bank accounts, each account shall remain as presently titled and is the sole properly of that person. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the 4 1015 possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans, or individual retirement accounts, retirement benefits, of any nature and Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or aclrnowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. OWNERSHIP OFFAMILYPETS: The parties agree that they own the personal tangible property consisting of three (3) cats, as co-owners. The parties further agree that said personal property will remain in Wife's possession and Wife will become the sole owner of said property. C. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is anon-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to hiin or her or with respect to any other issue which is 5 ~I l5 inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. MOTOR VEHICLES: Husband shall retain the 1989 Chevrolet 5-10 pick-up truck. Wife shall retain the 2005 Chevrolet Silverado. Husband shall retain the 1998 Chevrolet 5-10 pick-up truck. Husband has provided wife five hundred dollars ($500) for the 199$ Chevrolet 5-10 pick up truck and wife has transferred ownership of said vehicle into husband's name. 9. HEALTH INSURANCE: Parties shall provide their own health insurance. Further, neither party shall be responsible for any health costs or medical expenses incurred by the other and each shall inderrulify and hold harmless the other from any claim put forth in that regard. 10. PENSIONS: The parties agree to waive any claim which they may have to the other spouse's pension or retirement benefits, if any so exist. 11. ALIMONY.• The parties expressly agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife further, voluntarily and lrno~ringly, waive and relinquish any right to seek from the other any payment for alimony. 12. ALIMONY PENDENTE LITE. COUNSEL FEES, AND EXPENSES: Husband and Wife further, voluntarily and lmowingly, waive and relinquish any right to seek from the other any payment for alimony pendente lite, counsel fees, and expenses. Wife acknowledges Husband has paid Wife Five Hundred Dollars ($500.00) towards legal fees which has been accomplished prior to the signing of this ad Bement. Other than the said $500.00, each party shall be responsible for his or her own attorney fees 6 ICM S 13. YVAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party play dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests, rights and claims. 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a final decree in divorce pursuant to said 23 Pa. C.S.A. Section 3301(c). Upon request, to the extent pei-rnitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 7 MS 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in enforcing his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from tune to tune, at the request of the other, execute, aclrnowledge and deliver to the other party any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 17. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties aclrnowledge and agree that their signatures to this Agreement serve as their aclrnowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 18. VOL UNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if any, and each party aclrnowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 8 kM5 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife aclrnowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to seek a court ordered detern~ination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in v~a-iting and executed with the same formality 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. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 9 kMs 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any teen, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WIT11rESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. l--- i ess ~~~---- i ss ,C~ l SEAL Katherine M. Sheppard, ' e SEAL onovan S. Shepp , Hus and 10 k (`~i S ., Commonwealth of Pennsylvania ) ss County of Cumberland ~ On this, the ~ day of _, 2010, before me, personally appeared KATHERINE M. SHEPPARD, Wife, lalown to met be the person whose name is subscribed to the within Agreement and aclmowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my han d official steal. w 4 Not ry Public Commonwealth of Pennsylvania ) ss County of Cumberland ~ CQMMpNWE 1t OP.~N~3t'~ 1- NOTA LAL SEAL Lisa Marie C©yne-, Notary Rublic .14ampdert T~.wnShi'p, Gumberiattd Count MM Commission frxpKSS suns t Zbt3 On this, the oz2 day of ~ 2010, before me, a Notary Public, personally appeared DONOVAN S. SHEPPARD, Husband, lrnown to me to be the person whose name. is subscribed to the within Agreement and aclrnowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 11 Notarial Seal Jay M. Zimmerman, Notary public Upper Allen Twp., Cumberland County +ly Commission Expires March 16, 2014 nber. PennMvania gscoryatlon of Notaries Cr l J COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 r',y '~.4~'t ~ z ~ ~~ ZOIO ~ ~~ i ~~ ~;`- ~• L~L31~i.i. -_ --~l.i~~~11 11r. i..~rv i..~1 r,. t. oily ~`~` '~ '"' `Attorney For Plaintiff KATHERINE M. SHEPPARD, Plaintiff, vs. DONOVAN S. SHEPPARD, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7656 IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 2009. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 6, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without formal 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 falsification to authorities. Date: [ ~ y o22 ~~/d DONOVAN S. SHEPPARD, Defendant COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 KATHERINE M. SHEPPARD, Plaintiff, vs. DONOVAN S. SHEPPARD, Defendant. '~Lit~~ c ;~ '" ~ '~,~V Z~I'J ~'~~~~'i ~U h~i `~~ i+ CU~W ~ ,~ ~7~aTY ~~ ~ .,~~~t~~rax~a~~; For Plaintiff .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7656 IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 2009. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 6, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without formal 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 falsification to authorities. Date: 5lzy ~1 ~ ~ ~~/ KATHERINE M. SHEPPA laintiff COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 KATHERINE M. SHEPPARD, Plaintiff, vs. DONOVAN S. SHEPPARD, Defendant. ~-~~r ~, ~.z,j2'd _r !' .. }, ,~ , ,.:, ., ~t:,ii ^Z~ ~:7 2~E0 ri:-~r 2 CUr ~ : .'~iV iY .-~~ ~,., ~~~:; Attorney For Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7656 IN DIVORCE WAIVER OF NOTICE OF COUNSELING I, Katherine M. Sheppard, Plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. No. 4904 relating to unsworn falsification to authorities. Date: ~J~Z~') /~~ % ~l KATHERINE M. SHEPPA ,Plaintiff COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 KATHERINE M. SHEPPARD, Plaintiff, vs. DONOVAN S. SHEPPARD, Defendant. r, iL~ CzV ~. ~~:~ ` is 2~ ~ O i-t'-' 2~ +a' t ~ `~ .~<< GU~~+~,_ , _; ~~1~~~ ~.,~, ,, ;~ ~i' Jh+. Attorney For Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7656 IN DIVORCE WAIVER OF NOTICE OF COUNSELING I, Donovan S. Sheppard, Defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. No. 4904 relating to unsworn falsification to authorities. Date: `"'~f ~ ~~~ ~.__ ..- DONOVAN S. SHEP RD, Defendant COYNE & COYNE, P.C. Jaime L. High, Esq. Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 1 70 1 1-4227 FLIT,.'-, - ~.r- ,. 2~1~i Z~ fi'1 qt? 717 737-0464 ~~~f' 'Attorn o~ ~~c~ti ( ) , ~'~ ff s ,; , x , C.i 1 ,, r ~, : V.i? KATHERINE M. SHEPPARD, Plaintiff, vs. DONOVAN S. SHEPPARD, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7656 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce 2. Date and manner of service of the complaint: November 9, 2009 by Certified Mail, Restricted Delivery. 3. (Complete either paragraph (a) or (b).). a. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on 5/24/2010; by defendant on 5/22/2010. 4. Related claims pending: NONE 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: NIA (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 5 /2 5 /2010 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 5/25/2010 Date: ~ ~~ S ~J ~, J E L. HIG SQUIRE Attorney for Plaintiff Pa. Supreme Ct. No. 91506 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Katherine M. Sheppard V. Donovan S. Sheppard N O. 09-7656 DIVORCE DECREE AND NOW, ~.,~ ~ ' ~-~ ~~ , it is ordered and decreed that Katherine M. Sheppard plaintiff, and Donovan S. Sheppard ,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. The Marriage Settlement Agreement, dated May 24, 2010, is INCORPORATED AND NOT MERGED INTO THIS DECREE. By the Court, ~ • ~ • t o Ce,~--~-. Ca~c~ mr~~ ted C..O•,Z• l p /I.~CY~Cic.sL tYlGti ~e.,~ ~-d -4.o Cs~ ~ne. ~ Co~r~..- c~---~.