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HomeMy WebLinkAbout01-7190DAVIS, Jeffrey A., Plaintiff VS. HAAS-DAVIS, Susan R, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -- 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 action prompt action. You are warned that ff 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse. 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 DAVIS, Jeffrey A., Plaintiff VS. HAAS-DAVIS, Susan R, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. lqO CIVIL ACTION -- DIVORCE COMPLAINT IN DIVORCE Plaintiff, by his attorney J. Michael Sheldon, Esquire, respectfully rep re sents: 1. Plaintiff is Jeffrey A. Davis, with a current mailing address of 401 Deerfield Drive, Camp Hill, Commonwealth of Pennsylvania, 17011. 2. Defendant is Susan R. Haas-Davis, with a current mailing address of 1902 Carlisle Road, Camp Hill, Commonwealth of Pennsylvania, 17011. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on August 22, 1992, at Peace Church, Cumberland County, Commonwealth of Pennsylvania. 5. Plaintiff avers that there is one minor child of the parties, Michael Benjamin Davis, DOB April 06, 1993, SSAN# 182-74-6437. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 7. There have been no prior actions o£ divorce or annulment between the parties in this or any other jurisdiction. 8. Plaintiffs Social Security Number is 165-54-2914. 9. Defendant's Social Security Number is 208-38-6834. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 11. The cause of action and section of the Domestic Relations Code under which Plaintiff is proceeding is Section 3301(c). The marriage of the parties is irretrievably broken. 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. Plaintiff believes that Defendant may also file such Affidavit. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce dissolving the marriage between Plaintiff and Defendant; Date'~~ ~ ,2001 Respectfully submitted, ~J~.~~~a~quire Pa. I.D. # 83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff DAVIS, Jeffrey A., Plaintiff VS. HAAS-DAVIS, Susan R, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, · PENNSYLVANIA : : NO. : : CIVIL ACTION -- DIVORCE VERIFICATION STATEMENT 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. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. DAVIS, Jeffrey A., : Plaintiff : VS. : HAAS-DAVIS, Suasan R. : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, J. Michael Sheldon, attorney for the Plaintiff, hereby certify that on this date I have served a tree and corect copy of the foregoing Complaint upon the Defendant at the below address via United States mail, first-class postage and by United States certified mail # 7000 1530 0003 2209 5816, restricted delivery. ,2001 Susan R. Haas-Davis 1902 Carlisle Road Camp Hill, PA 17011 J. Michael Sheldon, Esquire Pa. I.D.# 83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaimiff ¢.o C C o~ c~ d. Michael Sheldon Attorney at Law {717} 6.57-3464, MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT' made this ,-5¢ 5L~-'day of _ [~ ~ 2003, by and between JEFFREY ALAN DAVIS, of New Cumberland, Cmnberland County, Pennsylvania, hereinafter referred to as "Husband," and Susan Renee Haas Davis, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH WHEREAS, Husband and Wife were lawfully married on August 22, 1992; and, WHEREAS, differences have arisen between Husbmad and Wife in consequence of which they intend to live separate and apart of each other; and, WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and, WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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: 1. ADVICE OF COUNSEl,. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel, J. Michael Sheldon, Esquire, for Husband, and Sandra L. Meilton, Esquire, for Wife. The Parties acknowledge that they have received independent legal advice from counsel of their select:ion and that they fully understand the facts and have been informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. SEPARATION. It shall be lawful for each Party at all times hereafter to continue to live separate and apart from the other Party at such places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as ma admission on the part of either Party of the lawfulness or unlawfulness &the causes leading to their living apart. 3. AGREEMENT MAY BE INCORPORATED IN DIVORCE DECRElq;. The Parties agree that the terms of this Agreement may be incorporated, bat not merged, into any Divome Decree, which may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of Cumberland Cotmty, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement may be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code. The provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301C of the Pennsylvania Divorce Code. 5. INTERFERENCE. Each Party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and married, except as may be necessary to carry out the provisions of this Agreement. Neither Party shall molest the other or attempt 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. 6. HUSBAND'S DEBTS. Husband represents and wan;ants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. WIFE'S DEBTS. Wife represents and warrants to Husb:md that she will not contract or incur any debts or liability for which Husband or his estate might be responsible, and she shall 3 indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 8. MUTUAL RELEASE. 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, fights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except fo.r any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife .acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties. Further, that the Husband and Wife voluntarily and intelligently agree to waive any fights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of maritai and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by die Parties. 4 a.. The Parties have divided between themselves, to their mutual satisfaction, all relevant items of tangible personal property not specific:ally addressed herein or subject to any provisions of this Agreement. Neither Party shall make any claim to any such item of tangible personal property whether said items are separate personal property of either Party. b. Husband and Wife hereto waive any interest each may have in the other's personal checking and savings accounts. 11. MARITAL DEBT & JOINT PROPERTY. The Parties shall have joint ownership with the right of survivorship to the real estate property located at 1902 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Property," subject to the following: Re: Real Estate a. Property shall remain in said joi,nt ownership wil~ the right of survivors.,h, ip until ~e rr°pe~ is renn~cea, at which time ~sb~d sh~l execute ~ocum~nt req~red to ~sfer his interest to Wife. However, Hushed shall execute, if so required by Wife to sec~e proper ~d timely refin~cing of said prope~y, whatsoever docment needed to in order to tr~sfer his interest to Wife. IfHusb~d inc~s may expense in such ~sference, Wife agrees to shoe said expense equ~ly. b. H~b~d grits to Wife, ~om the effective date of this Agreement, sole ~d exclusive use ~d possession of ~e prope~y from the effective date of ~is Agreemem. 5 c. Wife solely shall be responsible for the timely and full payment of all taxes on Property, and carry the appropriate homeowner's insurance as required under the provisions of the lien currently held by Pennsylvania State Bank. d. Wife shall maintain Property in a condition that would render a fair market value return, with said return to be no less than the value of the Property equal to the security required by the lien on the Property. Said maintenance shall, at the minimum, be compliant with all local ordinances or other applicable laws. e. Nothing contained in any provision of this Agreement shall be construed so as to..,~ supersede the covenant stipulated ~n the deed transfer dated4 ,.o. u~ x~3, and pertainini~t~ to the right(s) of ETHEL MAISEL, grandmother of Wife, specifically granting ETHEL MAISEL the right to reside at the Property until the naturai termination of her life. Re: Joint Debt f. Husband and Wife agree to contribute each month towards the satisfaction of the lien on the Property, currently estimated at seventy thousand, eight-hundred fourteen and 00/100 ($70,814.00) dollars. As such, Wife agrees thai! Husband's obligation to Wife shall be in the amount of thirty-five thousand, four-hundred seven and 00/100 ($35,407.00) dollars, exclusive of and exempt from any interest, with said 9b~ggtio~ continuing by Husband to Wife regardless of any refinancin~of the property by-W~f~. Husband shall provide Wife with seventy-one (71) equal[ monthly payments of exactly five-hundred and 00/100 ($500.00) dollars, beginning on the first day of the full month following the effective date of this Agreement and continuing each month thereafter until such time as the debt is paid. g. Husband and Wife shall maintain individual life insurance policies each equal to one-half (1/2) the remaining balance of the lien on said Property until such time as Wife's refinancing occurs, but under no circumstances to exceed the sum of fifty-thousand and 00/100 ($50,000.00) dollars. Said life insurance policies shall designate the property lien holder as the exclusive beneficiary of the policy. In the event that the said property is refinanced by ,Wife, Husband shall then execute and mo,intain an individual life insurancecc-/x---x policYAequal to his mon"thly financial obligation as addressed in Paragraph 1 l(f) a~°c~ provide annual verification of said policy to Wife until such time as the debt is satisfied. Re: The Davis Group h. Wife hereby forever waives and renounces any interest of any type and manner in any real and/or intellectual property of any type and manner, be said direct or derivative, of The Davis Group, a registered Pennsylvania company operating as an alias for Husband. Nothing in this provision shall preclude Husband from granting any interest to Wife, provided such grant shall be in detailed writing and agreed to by the Parties prior to the conveyance of said interest. i. Husband shall indemnify Wife against all claims arising from his direction and operation of The Davis Group. Re: The Write Source and all writing of Wife j. Husband hereby forever waives and renounces any interest of any type and manner in any real and/or intellectual property of any type and manner, be said property direct or derivative, of The Write Source, including all writing(s) produced by Wife, created by Wife since 1992. Nothing in this provision shall preclude Wife from granting any interest to Husband, provided such grant shall be in writing and agreed to by both Parties prior to the conveyance of said interest. k. Wife shall indemnify Husband against all claims arising from her direction and operation of The Write Source and all writing covered by this Agreement. Re: Pension & Retirement 1. Wife hereby forever waives and terminates any and all claim to any retirement/SEP account registered to, or in the name of, Husband, and specifically the following: 1. 2. 3. m. Merrill Lunch account number 898 86763; and, Metropolitan Life SEP account number 0'72-998-765 AB; and, TIAA-Cref account numbers B551478-7 and Q551478-4. Husband hereby and forever waives and terminates any and all claim to any retirement/SEP accounts maintained by Wife. 12. CHILD CUSTODY / VISITATION / SUPPORT. As per an Agreement executed by Husband and Wife on March 12, 1999, the Parties shall have shared legal and physical custody of the Parties' minor child, MICHAEL BENJAMIN DAVIS, hereinafter referred to as "Child," irrespective of the fact that Child may receive mail at either Husband's or Wife's physical residence or declare, or cause to be declared, in any manner or form, to a third party that either residence is Child's primary residence. The Parties further agree as follows: a. Husband shall provide medical, dental and other reasonably appropriate medical insurance for Child, except that this provision shall not apply to life insurance. Husband and Wife shall share equally any life insurance premium for Child. Husband and Wife also shall share equally any reasonable costs for medical treatment and medical necessities for Child that are not covered by insurance. b. Husband and Wife shall share equally any reasonable costs for clothing and organized recreational activities for Child. c. Wife shall be entitled to claim Child as dependent for the purpose of annual state and federal income tax filings. However, nothing in this provision shall preclude Wife from allowing Husband to claim Child in any particular year provided that the parties agree to such claim, in writing, prior to the filing of said income tax claim. d. Husband shall pay the monthly sum of $300.00 to Wife as Child support. The Parties agree that this amount may be reduced if Husband's financial conditions so demand; however, any increase may be m-negotiated in good faith by either party to this Agreement. e. The Parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, neither Party shall do anything which may estrange the child from the other parent, or injure the opinions of the child as to the other parent, or which may hamper the free and natural development of the child's love or respect for the other child's love or respect for the other parent. 13. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES & EXPENSES. Both Parties accept the provisions of this Agmcment in lieu of and as full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against thc other 9 for alimony, alimony pendente lite, counsel fees or expenses, or for any other provision for support and maintenance before, during or after the commencement of any proceedings for the divorce or annulment between the Parties. With regard to employment, each of the Parties hereto waive any interest they may have in the other's retirement, pension, or other employment- related benefits. 14. WAIVER OF CLAIMS AGAINST ESTATE Except as herein otherwise provided, each Party may dispose of his or her property in any way, arid each Party hereby waives and relinquishes any and ail rights he or she may now 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, courtesy, statutory ailowance, widows allowance, fight to take property under equitable distribution, right to take in intestacy, fight to take against the will of the other's estate, and who will, at tt, e request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of ail such interests, fights and claims. 15. BREACH. If either Party breaches any provision of this Agreement, the other Party shall have the fight, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be advisable to him or her. The Part), breaching this Contract should be responsible for payment of legal fees and costs incurred by the other in enfoming their rights under this Agreement. 10 16. 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 warranties, covenants or undertakings other than those expressly set forth herein. 17. MODIFICATION AND WAIVER The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing 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. 18. 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. 19. INDEPENDENT SEPARATE COVENANT. 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. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily 11 and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. Furthermore, Husband and Wife hereby accept the provisions of this Agreement with respect to 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 the equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divome Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any rights to seek a Court-ordered determination and distribution of marital property, but nothing herein shall constitute a waiver by either Party of any rights to seek their relief of any Court for the purpose of enforcing the provisions of this Agreen'tent. IN WITNESS WHEREOF, the Parties have hereunto :set their hands and seals the day and year first above written. HUSBAND: ~EI~F~LAN DAVIS COUNSEL FOR HUSBAND: J'~~DON, ESQUIRE WIFE: COUNSEL FOR WIFE: SAND~'X~T~ 12 DAVIS, Jeffrey A., Plaintiff VS. HAAS-DAVIS, Susan R, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7190 CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVIC_E AND NOW, I, J. Michael Sheldon, attorney for Plaintiff, hereby certify that I have served a true and correct copy of the NOTICE TO DEFEND AND CLAIM RIGHTS and COMPLAINT IN DIVORCE upon the Defendant, Susan R. Haas-Davis, by United States certified mail, article number 7000 1530 0003 209 5816, return receipt requested, restricted delivery on December 27, 2001 at the following address: Susan R. Haas-Davis 1902 Carlisle Road Camp Hill, PA 17011 and that said service was accepted by Defendant on January 02, 2002, proof provided by way · '~" u~*ol Rarvice Domestic Return Receipt attached. · Complete items 1, 2, and 3, Aisc Complete item 4 if Restricted Deli . · Print your name o,.. ~V~ery ~s desired. so that we ca ..~, auoress on the rev · Atto~,- .L. n return the ca,w .- erse .v ..o Pack of the ma/IpJece, ~e permits, 1. Article Addressed to: Susan R. Haas-Dav~s 1902 Carlisle ~oad Carap ~ill, PA 17011 if YES, enter ~tern be/ow: ~ No uire ~8 Boulevard 17112 5%3464 Express Mait Return Receipt for Merchandise 'laintiff ArtmJe Number (Copy from service labe~ Restricted DeliverY~s_~ Form 3811~0 0003 2209 58~6 DAVIS, Jeffrey A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ' NO. 01-7190 HAAS-DAVIS, Susan R, Defendant : CIVIL ACTION .- DIVORCE AFFIDAVIT OF CONSENT_ 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 21, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of fihng 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: .,2003 Susan R. Haas-Davis, Defendant DAVIS, Jeffrey A., Plaintiff VS. HAAS-DAVIS, Susan R, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 01-7190 : : CIVIL ACTION -. DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CO_DE 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 ifI do not claim them before a divorce is granted. 3. I understand that I wi]] 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: ,2003 · aas-Davis, Defendant DAVIS, Jeffrey A., Plaintiff VS. HAAS-DAVIS, Susan R, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. C l- lq5> CIVIL ACTION -- DIVORCE --AFFIDAVIT OF CONSENT_ 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 27, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of fihng 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: Jef~eY~/Da4is, Plaintiff DAVIS, Jeffrey A., Plaintiff VS. HAAS-DAVIS, Susan R, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7190 CIVIL ACTION' -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER fi3301(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 falsification to authorities. DATE:. (o ! ~ ,2003 Jeffrey'S/Dab;is, Plaintiff DAVIS, Jeffrey A. VS. HAAS-DAVIS, Susan R. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 01-7190 CIVIL TERM PRAEClPE 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) (Strike out inapplicable section). Date and manner of service of the complaint: Certified mail, January 2, 2002 Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 6/2/03 ; by defendant 5/30/03 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 6, 2003 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: June 6, 2003 Attorney for ~/Defendant DAVIS, Jeffrey A. VERSUS HAAS-DAVIS, Susan R. IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~,,~,~ ~ PENNA. N O. 01-7190 DECREE IN DIVORCE AND NOW, ~_~ _ / DECREED THAT Jeffrey A. Davis AND Susan R. Haas-Davis 2003 , IT I$ ORDERED AND , PLAINTIFF, , DEPENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONy. 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; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marriase Settlement A~reement made and entered into by the parties on May 30, 2003, are incorporated into this Decree by reference thereto, but not me£~d inLu Lhiu BY THE COURT: