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HomeMy WebLinkAbout01-2913 ROSANA DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - .J 913 aC)~l <. l~ vs. TWITTY G. DAVIS, JR., Defendant CIVIL ACTION - LAW 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, including custody or visitation of your children. 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 at CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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. YOUR 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. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 Rosana Davis, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. () I- ;2 C; 1.:3 Ci.vJ -r.t.<-*-- Twitty G. Dayis, Jr., Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330](c) AND 330](d) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiffby Melanie L. Erb, Esquire, and the law firm ofSERRATELLI, SCHIFFMAN. BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth: COUNT I I. Plaintiff is Rosana Davis, who currently resides at 1025 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania since April 27, 2001. Plaintiff's Social Security Number is 522- 58-3537. 2. Defendant is Twitty G. Davis, Jr., who currently resides in Beijing, China since April 200 I. Defendant's Social Security Number is 503-50-7178. Defendant's current business address is BSF China Company, Ltd., 10/F Hyundai Millenium Tower, No. 38 Xiaoyun Lu, Chaoyang District, Beijing, China 100027. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on Noyember 12, 1966 in Denver, Colorado. 5. The 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. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff ayers that there are no children of the parties under the age of 18. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II II. Paragraphs one through ten are incorporated by reference herein. 12. By reason of the institution of the action to the above tenn and number, Plaintiffwill be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payments of costs. 13. The Plaintiff's income is disproportionately lower than Defendant's income and Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without adequate funds to maintain herself and the parties' children during the pendency of the litigation. 14. The Plaintiff is currently unemployed. 15. The Defendant is currently employed by Bechtel Corporation as an engineer earning a gross income of approximately $100,000.00 per year. WHEREFORE, Plaintiff prays that your Honorable Court grant an Order upon Defendant to pay your Plaintiff, alimony pendente lite, counsel fees and costs of the litigation. COUNT HI 16. Paragraphs one though ten are incorporated by reference herein. 17. Plaintiff is unable to adequately support herself through appropriate employment. 18. Plaintiff lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Plaintiff requests that the Court grant and award alimony. COUNT IV 19. Paragraphs one through ten are incorporated by reference herein. 20. Plaintiff states that the Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the Court. WHEREFORE. Plaintiff requests that this Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) For such further relief as the Court may deem equitable and just. RespectfulIy submitted, ~~/.I~ Melanie . Erb, Esquire Attorney ID No. 84445 SERRA TELL!, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 20 I Harrisburg, P A 17110-9483 (71 7) 540-9170 Attorney for Plaintiff L~. 0...... SERRATELLI. SCHIFFMAN. BROWN III CALHOON. P.C. Sl!1 n-. 201 2080 LINtiLE'iTl.lWN RU."11 HAIl.IU~Rl'R".r"" 17110.%70 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 5/,,)/0 I Q~ O~.~~ Rosana Dayis AU..STATE LEGAL suPPI.'i' CO FC-:-, .7'!l2B~.1I7153'I!"..'1I7I!1!1oGr.1I71-- - '" 1ft ~ 1ft ... J: '" --~: 2 ~ ~ e c :; ""-l......IlIIf"" ~s; '--~~~!iP :::~i;;l=~ :~~::::i s.~a OCh.o_ ..-c;~ .....lie; ~ -Oal ~ ~ !C 8 :z: '" f'I ~ 2j "6g. "P ~ ...... (') C'~ (~ I:t:. [ t) -l:: ~ ~~: --- ~ a ~ .CIl .,." i . :-..~ r.-!". 8 8 ~ R ~~ ~ 8- (".~, .. "- [.-:.t 1 .. ..... ~ , f , ,J ~. l .. ...... -.' .. .. ~ U 6.J ~ ;:::"~:... ~ :-;.\ "'v ~ ;.:.: :., ~ ...\ .;:- .....: i-- -- -, J r:. ff- , ROSANA DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under 3301(c) of the Diyorce Code was filed on May 14,2001. (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 diyorce, without formal notice of the intention to request entry of divorce decree. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, in do not claim them before a divorce is granted. (5) 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. Sec. 4904 relating to unsworn falsification to authorities. L2 -,;1 '7-,:ll) 0 DATED Q~~~g~~ Rosana Davis ... -, (") c:- o c: -" ~ '=' "On' ;'1 .: E2:-L ,-, '.l_~, . l~- 21; N -:1"" -. '-1 ens:: -.j y ~...-:. -.,, !;::C .." --..i.:.~ :i: :I: :)ii zl) j>0 ~ cjfT1 c: Z '-i ~ !\) 55 ...., -< . ... ROSANA DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., Defendant IN DIVORCE CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 14, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 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. !l4904 relating to unsworn falsification to authorities. Date: 1;;'/;17 /0 J I I -, , (') c: C"" -rJb3 mrj" Z-- ,. ;;..= c_ {t:!...:. """i.: r::;~. ~C ~Cl )>e: Z -. -< C".J (-.' ."rl CI "1 .""') .'-> -: , !-~ ".:, :"~1 \~ , , ~~ ~ -~;. -- v ::::: ~ .-..:) CO ,.. ROSANA DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., Defendant IN DIVORCE CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(0) 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. !i4904 relating to unsworn falsification to authorities. Date: I;;'b.'/ /41 I / ndant - -. .... , C'l 0 () c ." ~'::: 0 ~O~ r" ._-".1 mf'.' ., .'r.-". Z:-J.I i"'.) , ;;::t;: -J .... ~:;.. .: ,:~l r";l_".; ~ .~: ~Q :::: ,-=- ..! . Z' r'- .-C '.:? . .. ,"C': ~::i -". .~, ~ "-J :io CO '< . ~. . ROSANA DAVIS Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01-2913 Civil Tenn TWITTY G. DA VIS,JR., Defendant : CNIL ACTION - LAW : IN DNORCE ACCEPTANCE OF SERVICE I, Twitty Davis, Defendant in the above-captioned malter, hereby certify that I accept service of the Complaint in Divorce filed in the above-<:aptioned matter on May 14,2001. ~ witty Dav' BSF China mpany, Ltd. IOfF Hyundai Millennium Tower No. 38 Xiaoyun Lu, Chaoyang District Beijin, China 100027 Wibless by: !:1...~ ;30;) J.,'fI:Ja I Date: I Ja- '/~~~ Daniel F Fraser Attorney At Law California License No. 189427 . .' . e 0 0 -n g: t- .-J ""OlL' C .,"'" C!;1U,' z 'r ~~. I <.~~7 ZC;:' C/'.!"" .... 2;'--:- ."":.',r":) ,<C -0 '.. " .,'" -," ~c. "". ':),'5 -. C 6rn )>" ~ c.: ~ ~ r:- ~ ROSANA DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., Defendant CIVIL ACTION - IN DIVORCE PRAECIPE TO STATE SOCIAL SECURITY NUMBERS PLAINTIFF'S Social Security number is 522-58-3537. DEFENDANT'S Social Security number is 503-50-7170. PURCELL, KRUG & HALLER Date: December 27, 2001 . .'. ROSANA DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2913 CIVIL TERM TWITTY G. DAVIS, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Nichole M. Staley O'Gorman. Esquire on behalf of Twitty G. Davi.d, Jr., Defendant in the above-captioned case. PURCELl., KRUG & HALI"ER Esq. Date: July 30, 2001 ROSANA DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., IN DIVORCE Defendant/Petitioner: CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this '2.~ day of () lrclbc.r , 2001, upon consideration of the foregoing Petition for Special Relief, Respondent is directed to show cause, if any, why the requested relief should not be granted. Rule returnable 20 days from the date of service. BY THE COURT: /L /1~ Esquire Distribution: Nichole M. Staley O'Gorman, Attorney for Petitioner / Melanie Erb, Esquire Attorney for Respondent ROSANA DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., IN DIVORCE Defendant/Petitioner: CIVIL ACTION - LAW PETITION FOR SPBCIAL RBLIBF AND NOW, comes Petitioner, Twitty G. Davis, Jr., by and through his attorneys, Purcell, Krug and Haller, and files the following Petition for Special Relief: 1. Petitioner is Twitty G. Davis, Jr., Defendant in the above captioned divorce action (hereinafter "Husband"). Husband currently resides in Beijing, China. 2. Respondent is Rosana Davis, Plaintiff in the above captioned divorce action (hereinafter "Wife"). Wife resides in Cumberland County, Pennsylvania. 3. In or about February, 2001, the parties, then residing in Malaysia, separated and Wife moved back to the United States. 4. Upon her return to the United States, Wife took over possession of the marital vehicles, a 1997 Volvo 850R sedan and a 1994 Ford Ranger, and has had exclusive use and possession of the vehicles since that time. 5. Husband has continued to make the monthly payments on these vehicles, totaling about $879 per month, since the parties' separation and through September, 2001. 6. Following the entry of a support order in favor of Wife on September 12, 2001, Husband requested Wife to either turn over the vehicles for sale and satisfaction of the loans or take over payments on the vehicles, as he does not have the financial wherewithal to pay the support obligation and the vehicle loans. 7. Wife has failed and refused to do either, responding in a September 21, 2001 letter from her counsel that she wanted to keep the vehicles, have Husband continue to pay for them, and have Husband pay a areater amount of alimony than the support he is now paying. 8. It is believed and therefore averred that Wife does not have the financial ability to pay the loans and does not intend to pay the loans despite her continued exclusive use of the vehicles. 9. As the vehicles and their loans are jointly titled in the names of both Husband and Wife, Husband's credit rating will be affected detrimentally if the loans are not paid in a timely manner. 10. Furthermore, the parties stand to lose the equity value of the vehicles if they are repossessed. 11. As Wife has refused to consent to a divorce, this action cannot be scheduled for a hearing in its entirety by a divorce master until approximately February, 2003. Husband will suffer irreparable harm if this issue is not resolved well in advance of that time. WHEREFORE, Petitioner respectfully requests this Honorable Court to direct Wife to turn over the marital vehicles to Husband within two (2) days for sale and satisfaction of the loans, with the proceeds of sale exceeding the loans and cost of sale to be held in escrow until a final resolution of this case. PURCELL, KRUG AND HALLER By N c ole ~ Sta ID #79866 1719 Nor Front Street Harrisburg, PA 17102 717 234-4178 Attorney for Petitioner/Defendant Esquire Dated: September 26, 2001 3 . VERIFICATION I, Twitty G. Davis, Jr., hereby verify that the facts contained in the foregoing PETITION FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: q/)lJ/OI , I CERTIFICATE OF SERVICE I, ANGELA S. EATON, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the PETITION FOR SPECIAL RELIEF was served on the following by Regular Mail, on September 26, 2001: Melanie Erb, Esquire SERRATELLI, SHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9483 (Attorney for Respondent/Plaintiff) r; on n ':J ,_ I ~ ..., , I C' " u , '. ) c.. - o~. - r:. " '- , .~,. - , :".) -' '.- .' , " -, ,-. -" -, --<. ROSANA DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., Defendant IN DIVORCE CIVIL ACTION - LAW QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, ROSANA DAVIS ("Alternate Payee") is the former spouse of TWITTY G. DAVIS, JR. ("Participant"); and WHEREAS, Participant has an Account in the Bechtel Trust & Thrift Plan ("Plan"); and WHEREAS, pursuant to the domestic relations laws of this State, this Court has jurisdiction to create or to recognize certain marital property interests ("Interests") of Alternate Payee in the Participant's Plan Account, and WHEREAS, pursuant to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), Interests of Alternate Payee in the Participant's Plan Account can be honored by the Plan only if this Order is a Qualified Domestic Relations Order; and WHEREAS, pursuant to ERISA, the Trust & Thrift Plan Committee or its designee (hereafter "Plan Administrator") has the authority to determine whether a domestic relations order received by the Plan is a Qualified Domestic Relations Order; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as defined in Section 414(p) of the Internal Revenue Code of 1986 as amended and Section 206(d) of ERISA; and NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT AS FOLLOWS: 1. Subject to the terms and conditions of this Order, the Alternate Payee has the right to receive fifty (50) percent of the balance of Participant's Plan Account existing on the date of implementation of this order ("current balance"). The current balance should be calculated by deducting $20,000 for the outstanding loan and adding back $5,760.03 for the October, 2001 withdrawal. In addition, Participant's and Participant's Employer's contributions made in March, 2001 and thereafter shall be deducted prior to calculating the current balance. 2. The Plan shall treat this QDRO in accordance with Internal Revenue Code ~414(p) (7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 3. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the 2 Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 4. As soon as administratively practical after the Plan Administrator receives a certified copy of this Order and the Plan Administrator determines that this Order is a QDRO, the Plan will establish a separate Account in the name of the Alternate Payee and will transfer to that Account ("the Transfer") the Alternate Payee's share (as defined in the preceding paragraph) of the Participant's Account. a. The Transfer will be made to the Alternate Payee's Account on a pro rata basis from each subaccount under the Participant's Plan Account as of the date of the Transfer; and b. After the Transfer, the Alternate Payee's Plan Account will continue to be adjusted for actual Plan gains and losses through the last valuation date before distribution. 5. After payment of the amount required by the QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 6. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 7. If the Alternate Payee dies before distribution of any benefits to which he or she is entitled under this Order, those 3 benefits will be paid, in a single sum payment, to the Alternate Payee's estate. 8. After the Transfer, the Alternate Payee or the Alternate Payee's estate, as the case may be, will be considered a beneficiary under the Plan. 9. After the Transfer, the Alternate Payee or the Alternate Payee's estate, as the case may be, may elect to receive from the Plan the Alternate Payee's QDRO Benefits in a single sum payment as soon as administratively practical. 10. The name, last known mailing address, e-mail address, social security number and date of birth of the Participant is: Name: Twitty G. Davis, Jr. Address: c/o BSF China Company, Limited NO 38 Xiqouyn Lu, Chaoyang District Beijing, 100027, China E-mail: davis.twitty@cspc.net.cn Social Security Number: 503-50-7178 Date of Birth: October 3, 1946 11. The name, last known mailing address, social security number and date of birth of the Alternate Payee is: Name: Rosana Davis Address: 1025 Yverdon Drive Camp Hill, Pennsylvania 17011 Social Security Number: 522-58-3537 Date of Birth: July 26, 1946 4 12. The Alternate Payee shall keep the Plan Administrator informed of the Alternate Payee's address as long as the Alternate Payee has any interest in the Plan. 13. Nothing contained in this Order shall be construed to require the Plan: a. to provide to the Alternate Payee or to the Alternate Payee's estate any type or form of benefit or any option not otherwise available to the Participant under the Plan; b. to provide to the Alternate Payee or to the Alternate Payee's estate increased benefits (determined on the basis of actuarial value) not available to the Participant; or c. to pay any benefits to the Alternate Payee or to the Alternate Payee's estate which are required to be paid under another order of any court. 14. Any benefits under the Plan that are not expressly awarded to Alternate Payee under this QDRO are hereby confirmed to belong to Participant. J. Dated: ~ l'It 1(.02- ~) O' Conr,a.J" _ c..opie..s f'\o.\\ed ....... Erb 0 ".. Jq.O,t, -'K"X5 5 /' ROSANA DAVIS, Plaint if f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., Defendant CIVIL ACTION IN LAW - DIVORCE PETITION FOR ENTRY OF A QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes Petitioner, Twitty Davis, Defendant in the above captioned action, by and through his attorneys, Purcell, Krug and Haller, and files the following Petition: 1. Petitioner is Twitty G. Davis, Jr., Defendant in the above captioned action. 2. Respondent is Rosana Davis, Plaintiff in the above captioned action. 3. On December 27, 2001, the parties entered into a property settlement agreement which assigned to the former Mrs. Davis a portion of the Bechtel Trust and Thrift Plan owned by Mr. Davis. A true and correct copy of the pertinent portion of the parties' settlement agreement is attached hereto and made part hereof as Exhibit "A". 4. The proposed Qualified Domestic Relations Order has been approved by counsel for the respective parties and the Plan Administrator for the purpose of implementing the parties' Agreement. WHEREFORE, Petitioner, Twitty G. Davis, Jr., respectfully requests this Honorable Court to enter as an order of court the Qualified Domestic Relations Order attached hereto. PURCELL, KRUG AND HALLER" , " .r , , " By \ :'/I/: Nichole M.' ID #79866 l719 North Front Street Harrisburg, PA 17102 717 234-4178 Attorney for Petitioner/Defendant I,' !"/I' / ; ~f L, 0'; orman, Esquire Dated: February 11, 2002 Exhibit A MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this~j~YOf 1 ,2001, between ROSANA DAVIS, hereinafter called "Wife" and TWITTY G. DAVIS, JR., hereinafter called "Husband". WITNESSETH: The parties hereto, being Husband and Wife were lawfully married on November 12, 1966 in Denver, Colorado; There were two children born of the parties; namely: Twitty G. Davis, III, born September 9,1967 and Mary Kim Davis, born February I, 1971. Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto 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 mailers between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each olher; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideralion, 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: Page-I- .- ,-/ Husband agrees to assume full liability for the Member's I" Federal Credit Union Visa and Personal Signature loan debts and shall indemnify and hold Wife harmless for any future liability with regard to the debts referred to herein. In the event that either party contracted or incurred any debts other than those specifically set forth above, either before or after the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 14. EMPLOYEE BENEFIT PLANS Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 40 I K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party and any such employee benefit plan shall become the sole and separate property in whose name or through whose employment said plan is carried. Wife shall be entitled to receive through a Qualified Domestic Relations Order fifty (SO) percent of the balance of Husband's Bechtel Trust and Thrift Plan existing on the date of implementation of the Qualified Domestic Relations Order. The current balance should be calculated by deducting $20,000 for the outstanding marital loan and adding back $5,760.03 for Husband's October, 2001 withdrawal. In addition, Husband's and Husband's Employer's Page -9- .~ ..,. contributions made in March, 2001 and thereafter shall be deducted prior to calculating the current balance. IS. DIVISION OF BANK ACCOUNTS The panies acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. Should it become necesslll}'. the parties each agree to sign. upon request, any titles or docwnenls 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 intangible personal property, any physical or wrinen evidence of ownership, such as a passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Page -10- I I 33. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 34. 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first wrinen above. WITNESS: vr?:J/~.yh r-J n ( ( /~. tY"~e...1~""--- /L/?L.c/k? ROSANA DAVIS xL.,. pfU1C 2- 2- U TWITTY G. DAVIS Page -21- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. .'. Melanie Erb. Esquire r;(~ .tt~ :J I 1 ,osana DaVIS PaRe -22- CERTIFICATE OF SERVICE I, DONNA E. SWEENEY, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the Defendant's Petition for Entry of a Qualified Domestic Relations Order, was made upon the following by placing a copy of same in the United States Mail, postage prepaid, Dauphin County, Pennsylvania, on February II, 2002: Melanie Erb, Esquire SERRATELLI, SHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9483 ROSANA DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-2913 Civil Term TWITTY G. DAVIS, JR., Defendant CIVIL ACTION IN LAW - 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 the Complaint: Complaint was served on Defendant bv personal service on Mav 30. 2001 (see Acceptance of Service filed June 7. 2001.) 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: By Plaintiff: 12/27/01 and By Defendant: 12/27/01. (b) (1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. oarties' shall be Decree. Related claims pending: Pursuant to Paraqraphs 4 and 5 of the Separation and Prooertv Settlement Aqreement. the Aqreement incoroorated. but shall not merqe in the final Divorce 5. (Complete either (a)_or (b).) (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached:_N/A (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 12/27/2001. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 12/27/2001. Date: December 27, 2001 (") 0 0 c '" :r.: 0 .., 92 ~t~ ;-..., C"'l '. ~ ,.::.:.: -~r - N .12; u,"7..~ "- .,' ?:' . :,;"..' ..._C) -0 ( -,: "'" ...-~(.;; ~O ._- ~O tf! :,..~ITi ""S:; .::"., ~ ;..3 -,:.. :c I::> ...;; MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT. made this[lJi~y of \ ,2001, between ROSANA DAVIS, hereinafter called "Wife" and TWITTY G. DAVIS, JR.. hereinafter called "Husband". WITNESSETH: The parties hereto, being Husband and Wife were lawfully married on November 12, 1966 in Denver, Colorado: There were two children born of the parties: namely: Twitty G. Dayis. III, born September 9,1967 and Mary Kim Davis. born February I, 1971. Diyerse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respectiye financial and property rights and obligations as between each other including, without limitation by specification: the settling ofall matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, coyenants 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: Page -1- . I. INCORPORA nON OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condemnation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code. As soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. Page -2- 3. EFFECT OF DIVORCE DECREE The panies agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the tenns of this Agreement shall be incorporated into any Diyorce Decree which may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include. but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution. alimony. alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Page -3- 7. DISTRIBUTION DATE The transfer of property. funds and/or documents provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. All spousal support, alimony pendente lite and other such obligations. excluding alimony. shall immediately terminate. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interferences whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Neither party shall do or say anything to the child of the parties which might in any way influence the child adversely toward the other party. it being the intention of both parties to minimize the effect of any such separation upon the child. Page -4- 10. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings. appliances and other household personal property between them, and they mutually agree that each party shall from and after the date of execution be the sole and separate owner of all tangible personal property present in his or her possession, except as follows: a. Wife shall have thirty (30) days from the date of the execution of this agreement to select the marital prints she desires. Husband shall be entitled to all remaining prints, and Wife agrees to place Husband's prints in his storage unit; b. If after execution of this Agreement Wife decides she does not want any of the marital prints she has selected, Wife agrees not to sell them. Wife shall deliver these items to Husband by placing them in his storage unit; c. If after execution of this Agreement Wife decides she does not want any of the marital personalty she has retained. Wife agrees not to sell such items. Wife shall deliver all such items to Husband by placing them in his storage unit: d. Husband shall have the option to receive the king bed and the night stands that match the bed. If he exercises this option, he shall purchase comparable night stands for Wife; and e. The parties' daughter shall be entitled to retain the marital sixty-two inch television and Husband will pay the outstanding PSL loan used to purchase same. Page -5- II. REAL PROPERTY The parties acknowledge that they are joint owners of real estate known as 982 Carter Cove, Hummelstown, Dauphin County. Pennsylvania 17036, with an approximate current value of$182,000. Husband and Wife acknowledge that there is currently a mortgage against the marital home with an approximate principal balance of$112,000.00 and a second mortgage (Key Loan) held by Members First Credit Union with an approximate principal balance of$8,000.00. The parties shall cooperate to sign all documents necessary to list and sell the home. The parties' son has authority to act as Husband's attorney-in-fact for the purpose of signing such documents. The marital residence shall be listed for sale as soon as permitted under the current lease agreement, continuously until sold. Husband shall be responsible for making the monthly payments on the mortgages and for paying any taxes and/or homeowner's insurance that becomes due prior to the sale of the home. Upon the sale of the marital residence. the parties shall share equally the net proceeds of sale. "Net proceeds" shall be defined as the gross purchase price less the following: (I) the balances of the two mortgages. (2) real estate brokers' commissions, (3) transfer taxes. (4) prorated real estate taxes and (5) incidental costs of sale. From Wife's one-half share, she shall pay Husband the following: (I) one-half of all out-of-pocket expense incurred by Husband for mortgage, tax, insurance or maintenance expense for the marital home (Le. after all rental proceeds have been applied), (2) $1,889.50 for 2000 income taxes and tax preparation fees; (3) $1,813.71 for Volvo payments from April through September, 2001, (4) $823.77 for truck payments from April through September, 2001, (5) $2.730 for the marital Visa balance, and (6) Page -6- $137.50 for the home appraisal expense. These sums shall be payable to Husband at the time of settlement on the sale of the home. 12. AUTOMOBILES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 1997 Volvo 850R Sedan shall immediately be listed for sale continuously until sold and Wife shall retain the proceeds of said sale after payment of the lien held by GESA; b. The 1994 Ford Ranger Truck shall immediately be listed for sale continuously until sold and the proceeds of said sale after payment of the lien held by GESA shall be used to pay the lien on 1997 Volvo 850R Sedan. Any remaining proceeds shall be retained by Wife. c. If the proceeds of the sale of the vehicles are insufficient to pay the yehicle loans, the parties shall share equally the remaining balance due and the respective share of each party shall be paid within thirty (30) days of the sale of the vehicle. d. Husband shall continue to pay the monthly automobile loan payments and the automobile insurance premiums until the vehicles are sold. e. Within live (5) days of sale, Wife will advise Husband of the sale and payoff the loan balance on the vehicle sold. Page -7- ~ f. Wife agrees to adyertise the yehicles for sale and field all inquiries regarding the vehicles. Husband agrees to pay the costs of advertising. g. The parties' son has authority to act as Husband's attorney-in-fact for the purpose of transferring title to the martial vehicles. 13. DEBTS Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnity and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Husband's Debts. Husband represents and warrants to Wife that since the separation 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 indemnity and saye Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. Outstandim! Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement except the mortgages referred to in Paragraph II, the auto loans referred to in Paragraph 12 above and the following additional debts: a. Members I" Federal Credit Union VISA, Account #4287590002472815. b. Members I" Federal Credit Union Personal Signature Loan. Page -8- - Husband agrees to assume full liability for the Member's 1.1 Federal Credit Union Visa and Personal Signature loan debts and shall indemnifY and hold Wife hannless for any future liability with regard to the debts referred to herein. In the event that either party contracted or incurred any debts other than those specifically set forth aboye, either before or after the date of separation, the party who incurred said debt shall be responsible for the payment thereat: regardless of the name in which the account may have been charged, and such party shall indemnifY. defend and hold the other party hannless from any claim or demand made against that party by reason of such debt. 14. EMPLOYEE BENEFIT PLANS Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and foreyer abandon all of his or her right, title, interest or claim. whatever it may be in any Pension Plan, Retirement Plan. Profit Sharing Plan, 40lK Plan, Keogh Plan, Stock Plan, Tax Deterred Savings Plan and/or any employee benefit plan of the other party and any such employee benefit plan shall become the sole and separate property in whose name or through whose employment said plan is carried. Wife shall be entitled to receive through a Qualified Domestic Relations Order fifty (50) percent of the balance of Husband's Bechtel Trust and Thrift Plan existing on the date of implementation of the Qualified Domestic Relations Order. The current balance should be calculated by deducting $20,000 for the outstanding marital loan and adding back $5,760.03 for Husband's October. 2001 withdrawal. In addition, Husband's and Husband's Employer's Page -9- . contributions made in March, 2001 and thereafter shall be deducted prior to calculating the current balance. IS. DIVISION OF BANK ACCOUNTS The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts. certificates of deposit, IRA accounts, bonds. shares of stock, inyestment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts. certificates of deposit, IRA accounts. bonds. shares of stock, inyestment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all said bank accounts. certificates of deposit. IRA accounts, bonds. shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive. release, renounce and forever abandon whatever right. title, interest or claim. he or she may have in any bank account. certificates of deposit. IRA accounts, bonds. shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 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 ofintangible personal property, any physical or written evidence of ownership, such as a passbook, checkbook. policy or certificate of insurance or other similar writing is in the possession or control of the party. Page -10- , From and after the date of the signing of this Agreement, both parties shall have the complete freedom of disposition as to their 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 acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 16. ALIMONY/SPOUSAL SUPPORT From the date of execution of this Agreement until the entry ofa decree in divorce, Husband shall pay Wife spousal support in the amount of$2,250 per month. From and after the date of the decree in divorce. Husband shall pay Wife alimony in the amount of$2.500 per month. All alimony payments shall be made directly to Wife and not through the Domestic Relations Office. Upon Husband reaching age 62, the amount of alimony shall be reduced to $750 per month. This amount shall be further reduced to $500 per month when Wife reaches age 65. It is the intent of the parties that all payments which are designated as alimony under this Agreement shall be includable as income by Wife under Section 71 of the Internal Revenue Code and deductible by Husband under Section 2105 of the Internal Revenue Code. Wife's Social Security Number is 522-58-3537. Husband's Social Security Number is 503-50-7178. The parties agree to treat the payments set forth above consistently on their federal tax returns. Page -11- . . As security for the Alimony payment, Husband agrees that he will assist Wife in obtaining a term life insurance policy with a benefit oU I 00.000.00 payable to Wife on Husband's death. Wife shall pay all premiums due on the policy. Ifit is necessary for Husband to be the owner of this policy, he shall designate Wife as irrevocable beneficiary. Husband's obligation to pay alimony hereunder shall terminate upon Husband's death. the death or remarriage of Wife, or upon her cohabitation with a male not her spouse for a continuous period of seven days or longer. The period of payment of alimony hereunder shall not be extended. The amount of alimony shall not be changed or modified in any way by either of the parties hereto. absent a change in circumstances of a substantial and continuing nature. 17. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair. adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite. counsel fees or expenses. or any other provision for their support and maintenance, before. during and after the commencement of any proceedings for divorce between the parties. except as provided herein. Each party shall be responsible for his or her own counsel fees. Each agrees to indemnifY, defend and save the other harmless from any action commenced against the other for alimony pendente lite. counsel fees and/or expenses. Page -12- . 18. MEDICAL INSURANCE COVERAGE Each party shall be responsible for maintaining his or her own health insurance. Each shall also be responsible for the payment of his or her own uninsured medical expenses. 19. FEDERAL INCOME TAX RETURNS If the parties are divorced by December 31,2001, they agree that they shall file separate income tax returns for the tax year 200 I and all years thereafter. Husband shall claim the rental income on the marital home and any miscellaneous interest earned on marital accounts. Husband shall be entitled to claim the dependency exemption for Mary Kim Davis and Gladys Davis for federal tax purposes for 2001 and all subsequent years. Husband shall also be entitled to claim all mortgage interest paid on the joint mortgages. Wife shall execute the necessary IRS torms to effectuate the terms of this paragraph. If the parties are not divorced by December 31, 200 I, they shall file jointly for the year 2001. at Husband's option, and Husband shall pay all tax due on the joint returns. Husband shall execute an indemnification agreement at Wife's request. The parties acknowledge that they have tiled various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction by virtue of fraud or intentional misrepresentation shall indemnifY and save the other party harmless from such tax liability, penalties, interest. counsel fees, Page -13- . accountant's fees, costs and expenses. Absent fraud or intentional misrepresentation, the parties shall be equally responsible for and shall pay all such taxes, penalties, interest and expenses. 20. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 21. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list ofall of the property that either or both parties own at this time or owned as of the date of separation, and that each party had the right to haye all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: Page -14- . a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, yisitation, and counsel fees, costs and expenses. 22. 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, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims. rights. or demands, whatsoever in Page -15- . law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may haye in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. 23. FINAL EOUIT ABLE DISTRIBUTION OF PROPERTY The parties agree that the diyision of all property set forth in this Agreement is equitable and both parties relinquish the right to divide said property in any manner not consistent with the terms set torth herein. It is further the intent. understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 24. INTENT It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code. as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Page -16- . Pennsylvania which are in effect as of the date of the execution of this Agreement and. where such law is inconsistent, the terms of this instrument shall govern. 25. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties. and there are no covenants, conditions. representations or agreements, oral or written. of any nature whatsoever, other than those herein contained. 26. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors. administrators and assigns. 27. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower. curtesy. statutory allowance, widow's allowance, right to 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, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and 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 eirect this mutual waiver and Page -17- , relinquishment of all such interests, rights and claims. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy. 28. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement. each party hereto specifically waives any and all beneficiary rights and any and all rights as surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to. pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, except as otherwise provided herein, the beneficiary shall be deemed to be the estate of the deceased party, and any benefits paid to the fonner spouse shall be paid immediately to the estate of the deceased spouse. 29. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them. of all debts and encumbrances incurred in any manner whatsoever by each of Page -18- , . them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 30. COSTS TO ENFORCE In the event that either party defaults in the perfonnance of any duties or obligations required by the terms of this Agreement and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 29. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (I) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties: (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; (5) Fully and completely understands each provision of this Agreement. both as to the subject matter and legal effect. Page -19- . . 30. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a Vl<Titten instrument signed by both parties and executed with the same fonnality as this Agreement. The failure of either party to insist on strict perfonnance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 31. RECONCILIA nON Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 32. SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that tenn, 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. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent. shall in no way void or alter the remaining obligations of the parties. 32. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. Page -20- 33. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 34. 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: vn?/t7z-u. y rf~ ~, C? ~L--Y'-'f'-- ,.f~G/~ ROSANA DAVIS S-tL-- pMC 2- 2- U TWITTY G. DAVIS Page -21- . . IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Melanie Erb, Esquire Page -22- ..w " .- , 0 C) 0 ~_: ....1 " 'T' " r:"'.':: ".n . , '.-' :~:~" N .: (:j (r~ '~:: -.I ~. I...~ :_) r::CI -0 "I -fa ~~c.., ....n :l: rl'." ~() ~ ~3 ~~1 >.. c: -.. ~ N :t ..... -< . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. ROSANA DAVIS, Plaintiff No. 01-2913 CIVIL TERM VERSUS TWITTY G. DAVIS, JR., Defendant DECREE IN DIVORCE AND NOW, \)~,' . ~ ( IT IS ORDERED AND DECREED THAT Rosana Davis . PLAINTIFF, AND Twitty G. Davis, Jr. . DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. 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; \\10"(. The attached Separation and Property Settlement Agreement dated December 27, 2001, shall be incorporated into, but shall not merge in this final Decree in Divorce to Paragraphs 4 and 5 said Agreement. By THE Co J. PROTHONOTARY . . ra ? -z ,...../1vw.' .~u: /f?:!]e-l:1 ~ r ~ 1th~~ 4.7 n 1i?'~C'-e/ Nichole M. Staley O'Gorman, Esquire 10 #79866 PURCELL, KRUG & HALLER '1719 North Front Street f-!arrisburg, PA 17102 717 234-4178 instalev@pkh.com I iROSANA DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-2913 Civil Term TWITTY G. DAVIS, JR. Defendant : IN DIVORCE : CIVIL ACTION - LAW PETITION TO MODIFY OR TERMINATE ALIMONY AND NOW, comes Petitioner, Twitty G. Davis, Jr., by and through his attorneys, Purcell, Krug and Haller, and files the following Petition to Modify or Terminate Alimony: 1. Petitioner is Twitty G. Davis, Jr., Defendant in the above captioned divorce ,action. 2. Respondent is Rosana Davis, Plaintiff in the above captioned divorce action. 3. The parties were divorced from the bonds of matrimony by Decree of Court dated December 27, 2001. 4. On the same date, the parties entered into a Matrimonial Settlement Agreement (hereinafter "Agreement") which was incorporated in the final Decree. 5. Paragraph 16 of the Agreement provides for a present alimony payment of $2,500 per month to Wife. The pertinent portions of the Agreement are attached hereto and made part hereof as Exhibit "A". 6. The Agreement provides that alimony is modifiable upon a showing of a change in circumstances of a substantial and continuing nature. 7. At the time of divorce, Husband was a contract manager for Bechtel earning in excess of $134,000 annually. 8. Bechtel is an engineering, construction, and project management company Which provides its services around the globe. Mr. Davis' position required him to live and work outside the United States. 9. Most recently, Mr. Davis was assigned to a project in Iraq where he was ~arning $176,800 annually. 10. Given the ongoing war in that country and the known danger to contractors working there, Mr. Davis requested completion of this assignment in June, 2004. 11. From June, 2004 until December 22, 2004, Bechtel offered only business ~rip assignments. The business trip assignments will not pay the same premium rates ipaid for overseas work. He will now earn a salary of $101 ,076 annually, when he works. However, business trip assignments do not have any guaranteed duration. 12. Mr. Davis did not work from December 23,2004 until April, 2005. Bechtel ioffered a business trip assignment in April, 2005 to extend until May, 2005. A one 'month extension might be granted, but there are no guarantees. 13. If Mr. Davis was able to work the balance of the year, the most he would iearn in 2005 is $75,807. However, it is more likely that he will not have full time jemployment with Bechtel for the balance of the year. 14. Based on the uncertainty of employment with Bechtel, Mr. Davis is looking for employment elsewhere. Since January, 2005 he has not been able to locate a position paying more than $60,000 annually. 15. The decrease earnings described herein are anticipated for the foreseeable future. 16. In view of the above, Mr. Davis can no longer afford to pay alimony at the brdered rate. 17. At the time of divorce, Wife was unemployed. 18. It is believed and averred that she is now gainfully employed and capable of greater contribution to her own support than at the time of divorce. WHEREFORE, Petitioner respectfully requests this Honorable Court to reduce or terminate his alimony obligation to Rosana Davis. PURCELL, KRUG AND HALLER Date: May 9, 2005 VERIFICATION I, TWITTY G. DAVIS, JR., hereby verify that the facts contained in the foregoing Petition to Modify or Terminate Alimony are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~~, ~J. IT G. I, JR. Date:jt\~ ~J d$o6 --"\ ~},\-,;"\\ ~ ~ ----- MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thisJ1-A~y of l}cMYl fJ2 r ,200], between ROSANA J)A VIS, hereinafter called "Wife" and TWITTY G. DAVIS, ,]fR., hereinafter called co r) ;:-,~\ WITNESSETH: n ~ s-7.~f: --;'f-'- ...~ ; :, 'c-") "Husband". N c::i (7~ ':'.-: (--} The parties hereto, being Husband and Wife were lawfully married on Noveiilier 12;$ -:> .--" -- '.0--' .J 'j:i~ S,;1 1966 in Denver, Colorado; z: ~.) =!. ....J .-j~ ;_,,,\;-'fl. ~ '.0 -< There were two children born of the parties; namely: Twitty G. Davis, III, born September 9, 1967 and Mary Kim Davis, born February I, 1971. Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto 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 ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and 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: Page -1- From and after the date of the signing of this Agreement, both parties shall have the complete freedom of disposition as to their 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 acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 16 ALIMONY/SPOUSAL SUPPORT From the date of execution of this Agreement until the entry of a decree in divorce, Husband shall pay Wife spousal support in the amount of $2,250 per month. From and after the date of the decree in divorce, Husband shall pay Wife alimony in the amount of$2,500 per month. All alimony payments shall be made directly to Wife and not through the Domestic Relations Office. Upon Husband reaching age 62, the amount of alimony shall be reduced to $750 per month. This amount shall be further reduced to $500 per month when Wife reaches age 65. It is the intent of the parties that all payments which are designated as alimony under this Agreement shall be includable as income by Wife under Section 71 of the Internal Revenue Code and deductible by Husband under Section 2105 of the Internal Revenue Code. Wife's Social Security Number is 522-58-3537. Husband's Social Security Number is 503-50-7178. The parties agree to treat the payments set forth above consistently on their federal tax returns. Page -11- As security for the Alimony payment, Husband agrees that he will assist Wife in obtaining a term life insurance policy with a benefit of $1 00.000.00 payable to Wife on Husband's death. Wife shall pay all premiums due on the policy. lfit is necessary for Husband to be the owner of this policy, he shall designate Wife as irrevocable beneficiary. Husband's obligation to pay alimony hereunder shall terminate upon Husband's death, the death or remarriage of Wife, or upon her cohabitation with a male not her spouse for a continuous period of seven days or longer. The period of payment of alimony hereunder shall not be extended. The amount of alimony shall not be changed or modified in any way by either of the parties hereto, absent a change in circumstances of a substantial and continuing nature. 17. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance, before, during and after the commencement of any proceedings for divorce between the parties, except as provided herein. Each party shall be responsible for his or her own counsel fees. Each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. Page -12- 33. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 34. 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: V/11:~,Y /6 ~~/l '7 ,,~^C!/)i ( /""'\ (/....l.-.{G '}<---,. '- // L--t:C-V/~ ROSANA DAVIS >CG.- P (lile 2- 2- rJ TWITTY G. DAVIS Page-21- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Melanie Erb, Esquire ?;;{;{! J ZUjC :J I r . osana Davis -0"'......... II 4f. CERTIFICATE OF SERVICE I, MICHELE PRITCHARD, an employee of the law firm of Purcell, Krug & Haller, Icounsel for Plaintiff, hereby c;:ertify that service of the Petition to Modify or Terminate iAlimony were made upon the following via First-Class Mail, Postage Prepaid on iMay 10, 2005: Rosana Davis 409 4th Street New Cumberland, PA 17070 ~ \~i , I ' <-" Mi hele Pntchard ,<' S1 '~G\ CJ ~'(" -- (>, -, ~/ c:: -- , r-::. <-' ROSANA DAVIS, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TWITTY G. DAVIS, JR., DEFENDANT/PETITIONER 01-2913 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of May, 2005, a hearing on the within petition to modify or terminate'~limony shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1 :30 p.m., Wednesday, June By the Court, / / 15, 2005. c Nichole M. Staley O'Gorman, Esquire For Petitioner Rosana Davis 409 4th Street New Cumberland, PA 17070 , .~'-<'c 5-/3-0; /t.~2 '-f'- . :5al c"__1 (::J ?~ ('J .:;:: ,-. 11.. () t..r"";o. c':"::" .:;:::::. c-. James W. Abraham, Esq. Abraham Law Offices 2157 Market St. Camp Hi\l, PA 17011 (717) 763-1700 E-mail: abelaw@comcast.net Atty. for Plaintiff/Respondent, Rosana Davis ROSANA DAVIS Plainti:ffi'Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01 - 2913 CIVIL TERM TWITTY G. DAVIS, JR. Defendant/Petitioner PLAINTIFFIRESPONDENT'S ANSWER WITH NEW MATTER TO DEFENDANTIPETITlONER'S PETITION TO MODIFY OR TERMINATE ALIMONY AND NOW, comes Plaintiff/Respondent, Rosana Davis, by and through her attorney, Abraham Law Offices, James W. Abraham, Esquire, Camp Hill, Pennsylvania, and files the following: I. Admitted. 2. Admitted. 3. Admitted. 4_ Admitted. 5. Admitted. By way of further answer, Defendant/Petitioner, Twitty G. Davis. Jr. (hereinafter "Husband") is currently fifty-eight (58) years of age and the Agreement provides that when Husband is sixty-two (62), approximately three (3) years and four (4) months from now, on October 3,2008, the monthly payment shall be $750, a reduction of$1,750.00 per month. 6. Admitted and Denied. It is admitted that the amount of alimony is modifiable if there is a "change of circumstances of a substantial and continuing nature." It is denied that the term and/or period of payment of alimony is modifiable, as said tenn and period of payment of alimony is pennanent as stated therein. 7. Admitted. 8. Admitted and Denied. It is admitted that Husband's job with Bechtel required him to work outside the United States. It is denied that Husband only worked overseas with Bechtel as throughout Husband's career with Bechtel, which first began in the late 1970's/early 1980's, Husband worked primarily within the United States, including but not limited to, Washington state, California, Georgia, Florida, Connecticut, Texas, New Jersey, Maryland and Louisiana. 9. Admitted and Denied. Plaintiff/Respondent, Rosana Davis (hereinafter "Wife") admits that Husband worked in Iraq for some period of time. Wife lacks sufficient knowledge or infonnation as to the truth of the remaining avennents in this paragraph and strict proof thereof is demanded at trial. 10. Admitted. 11. Denied. Wife lacks sufficient knowledge or infonnation as to the truth of the avennents in this paragraph and strict proof thereof is demanded at trial. 12. Denied. Wife lacks sufficient knowledge or infonnation as to the truth of the averments in this paragraph and strict proof thereof is demanded a time of trial. 13. Denied. Wife lacks sufficient knowledge or infonnation as to the truth of the averments in this paragraph and strict proof thereof is demanded at time of trial. 14. Denied. Wife lacks sufficient knowledge or infonnation as to the truth of the averments in this paragraph and strict proof thereof is demanded at time of trial. 15. Denied. Wife lacks sufficient knowledge or infonnation as to the truth of the avennents in this paragraph and strict proof thereof is demanded at time of trial. 16. Denied. It is denied that Husband can no longer afford to pay alimony at the ordered rate and strict proof thereof is demanded at time of trial. 17. Admitted. By way of further answer, the parties were married thirty-four (34) years, from November 16, 1966 through their date of separation, on or about December, 2000 when the parties were in Malaysia where Husband was working for Bechtel and they separated when Husband had an affair with a Malaysian woman, now Husband's current wife, and Wife never worked a full-time job or even part-time job during the marriage. 18. Denied. It is denied that Wife, age fifty-eight (58), is gainfully employed as Wife works part-time, approximately 26 hours per week at a hourly rate of$8,65 at a retirement home, Country Meadows of Hershey and in consideration of her age and lack of work experience after thirty-four (34) years of marriage during which she did not work, Wife cannot make a greater contribution to her own support as compared to the time of divorce, especially compared to her standard of living at the time of divorce. WHEREFORE, Wife respectfully requests Your Honorable Court to dismiss Husband's Petition. NEW MATTER 19. Wife incorporates by reference her answers to paragraphs 1 through 18 herein. 20. There has not been a substantial change in circumstances of a continuing nature which would entitle Husband to any decrease of the $2,500 per month in alimony as Husband's Petition: A. merely speculates as to Husband's future employment and therefore Husband's claim that there has been a change of circumstances of a substantial and continuing nature is not credible and is purely speculative. B. Husband continues to work for Bechtel which has provided Husband with consistent employment, not necessarily constant employment, i.e., down time while waiting for another assignment, which has always been the nature of Husband's employment with Bechtel, and which employment has always involved work within the United States and outside the United States throughout Husband's ten (10) to fifteen (15) year career with Bechtel. C. Husband's alleged pursuit of other employment earning $60,000 per year and acceptance of such a position would constitute a voluntary reduction of his income and voluntary change of circumstances without a substantial change in his earning capacity. 21. Wife believes and therefore avers that Husband simply does not want to travel any more in his employment with Bechtel and/or temporarily relocate during various assignments with Bechtel and wants to work locally in Florida where he resides, at a lower paying job with no travel; and therefore wants to reduce his $2,500 per month obligation approximately three (3) years prior to its automatic reduction to $750 per month when Husband reaches age sixty-two (62) pursuant to the Agreement. 22. Wife believes and therefore avers that Husband's Petition is not meritorious and is simply an attempt to accommodate Husband's current desired lifestyle and his desire to no longer travel and/or temporarily relocate by continuing to work for Bechtel. 23. Wife resides in a half a house in New Cumberland, Pennsylvania worth approximately $85,000 with a $63,000 mortgage, which she purchased with the $13,000 she received in the divorce from the sale of the marital residence (Husband received $60,000); she has a car worth $2,500 and has $47,000 from receiving one-half of Husband's IRA and Wife submits that Husband is not entitled to a decrease in alimony any more than Wife would be entitled to an increase in alimony. 24. The Agreement provides that Husband receives the full tax deduction of all alimony paid and Wife must claim said payments as income which is a financial benefit to Husband and detriment to Wife as to taxes and overall. 25. Wife believes and therefore avers that the intention of the alimony provision in the Agreement and the amount and tenn of alimony stated therein was predicated upon the significant income, salary and earning capacity of Husband and the lack of accumulation of significant assets over thirty (34) years of marriage despite said income and therefore it is inequitable to reduce the amount of alimony for the reasons stated in the Petition. WHEREFORE, Wife respectfully requests Your Honorable Court to dismiss Husband's Petition and award Wife any other relief the court may deem proper, including but not limited to, attorney fees. Respectfully submitted: ~ James W. Abraham, Esq. Abraham Law Offices 2157 Market St. Camp Hill, P A 17011 (717) 763-1700 Attorney for Plaintiffi'Respondent. Rosana Davis DATE: 6/15/05 VERIFICATION I, (ZD5 A /A.A. hM / r , the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements made therein are true and correct to the best of my knowledge, infonnation and belief. I further understand that any false statements made herein are subject to the penalties ofl8 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: / G-/3-U'7 C? ~M~A (/ C9-M~ '-../ - CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by "fax" to the following person(s) at the following address( es) on the date stated below: Nichole M. Staley O'Gonnan, Esq. Purcell Krug Haller 1719 North Front St. Harrisburg, P A 17109 DATE: 6/14/05 ~ James W. Abraham, Esquire (") c-. r-' l"":":> C;::."J <.-,~"l C) -n .--< ~:D , , 1 f""~ -or.-; ~~r~ ~~frl " .-< c:: (Jl -0 -,'" -- N c..) TWITTY G. DAVIS, JR., DEFENDANT/PETITIONER 01-2913 CIVIL TERM ROSANA DAVIS, PLAINTIFF/RESPONDENT V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this l~ day of June, 2005, the petition of Twitty G. Davis, Jr., to modify or terminate alimony, IS DENIE.. 0.1 . Z', By t!J.e--eourt, / / 7/' // /1/1" (. \ i:'A. ,... ^ EdgarB. Bayley,'J':--__________ James W. Abraham, Esquire For Rosana Davis :sal ,(.~.~ /,/t,05 9-' Nichole M. Staley O'Gorman, Esquire For Twitty G. Davis, Jr. 1 Based on petitioner's earnings from the time the order of alimony became effective on December 27, 2001, petitioner has not as yet had a change in circumstances of a substantial and continuing nature so as to warrant a modification or termination of alimony. . ,'" ~ S:8 ~1d 91 NnnnOZ A'''WjU,/\'.,' n\.' , 3'-lJ. ~o tlv._...;, .../1 ,L,.;.-"D j :J 38!~~:lO-Cjl!j