Loading...
HomeMy WebLinkAbout05-0804 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. U;~ ~ {it CIVIL TERM AVID R. LEWIS, l v. ELL Y K. LEWIS, 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 ollowing pages, you must take prompt action. You are warned that if you fail to do so, the case ay proceed without you and a decree of divorce or annulment may be entered against you by he Court. A judgment may also be entered against you for any other claim or relief requested in hese papers by the Plaintiff. You may lose money or property or other rights important to you, ncluding custody or visitation of your children, When the ground for divorce is indignities or irretrievable breakdown of the marriage, ou may request that the court require you and your spouse to attend marriage counseling prior o a divorce decree being handed down by the court, A list of marriage counselors is available in he Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are dvised that this list is kept as a convenience to you and you are not bound to choose a counselor rom the list. All necessary arrangements and the cost of counseling sessions are to be borne by ou and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, A WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, OU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S, Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P,C. L.AW OFFICES SNEL.BAKER 8< BRENNEMAN By: ,/ruv1- Attorneys for Plaintiff II LAW OFFICES SNELBAKER, BRENNEMAN & SPARE II I DAVID R. LEWIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. CIVIL TERM KELLY K. LEWIS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT Plaintiff David R. Lewis, by his attorneys, Snelbaker & Brenneman, P. c., hereby submits this Divorce Complaint as follows: I. Plaintiff David R, Lewis is an adult individual residing at 26 Mount Rock Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Kelly K. Lewis is an adult individual residing at 26 Mount Rock Road, Newville, Cumberland County, Pennsylvania, 3, Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint 4, The Plaintiff and Defendant were lawfully joined in marriage on May 11, 2002 in Cumberland County, Pennsylvania, 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6, Neither party is a member of the armed forces ofthe United States of America, LAW OFFICES SNELBAKER. BRENNEMAN & SPARE !I 7, The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, 9. The parties have entered into an agreement concerning equitable distribution of marital debts and property, 10. The Plaintiffrequests this Court to enter a decree of divorce, WHEREFORE, Plaintiff David R. Lewis requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. SNELBAKER & BRENNEMAN, P.c. I~ By: Keith 0, Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff David R, Lewis Date: February II, 2005 -2- LAW OFFICES SNELBAKER & BRENNEMAN VERIFlCA nON f I verify that the statements made in the foregoing Complaint 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, M-A~ David R, Lewis Date: February 11, 2005 i,.AW OFFICES SNELSAKER & BRENNEMAN II AVID R. LEWIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I V. : NO. CIVIL TERM ELL Y K, LEWIS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT DAVID R. LEWIS, duly sworn according to law, deposes and says: I, I have been advised of the availability of marriage counseling and understand that I ay request that the court require that my spouse and I participate in counseling. 2, I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3, Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa, c.s, S 4904 relating to unsworn falsification to authorities, ~-f(~ David R. Lewis (Plaintiff) Date: February 11, 2005 ~~f0 ~' (~ ~cC5 ~~ --S'l Q- ~ ,~ '-"1 ,...., ~ (..<:;\ {"-:' -' ...~\ ~.." \,:\'j-':\ C:,J -- .--:."'. 0<;:':" \'." " (;:-\ ....... tj"' I ! , II DAVID R. LEWIS, i Plaintiff I I v. I I ! KELLY K. LEWIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA : NO, 05-804 CIVIL CIVIL ACTION - LA W Defendant IN DIVORCE ! I 1 i i AFFIDAVIT OF SERVICE I COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith 0, Brenneman, Esquire, being duly sworn according to law deposes and says: that I he is a principal in the law firm of Snelbaker & Brenneman, P. C" being the attorneys for David R, Lewis, Plaintiff in the above captioned action in divorce; that on February 22. 2005 he did send to Defendant Kelly K. Lewis by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Divorce Complaint which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No, 7003 1010 0000 8131 1804; that both the Complaint and cover letter were duly received by Defendant Kelly K. Lewis as evidenced by the return receipt card for said certified mail dated February 24, 2005; that a copy of the aforementioned cover letter dated February 22, 2005 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein LAW OF"FICES as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, SNELBAKER 8< BRENNEMAN LAW OFFICES SNELBAKER 8< BRENNEMAN II ;i Ii " II 'I I : information and belief. Sworn to and subscribed before me this 28th day of February, 2005. { _~p /~t.--- J /~ - ".rt:-~ar~ublic . -- \ ' ) j COMMONWEALTH OF PENNSYLVANIA Nolanal Seal Susan L. Matrazi, Notary Public Mechanicsburg Bora. Cumbenand County My CommiSSion Expires Nov. 24, 2007 Member, Pennsylvania Association Of Notaries ~ I" I Keith O. Brenneman -2- SNELBAKER 8 BRENNEMAN, p,c. A PR.OFESSIONAL CQRPOR.A. Tl0N ATTORNEYS AT LAW 44 WEST MNN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717.697.8528 P. O. BOX 318 FACSIMILE (717) 697-7681 February 22, 2005 Kelly K. Lewis 2619 Walnut Bottom Road Carlisle, P A 17013 Re: Lewis v. Lewis (Divorce) Dear Ms. Lewis: Enclosed please find a certified copy of a Complaint, the original of which was filed on February 14,2005. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: David R. Lewis By certified mail, return receipt requested, restricted delivery, Parcel No. 70031010 0000 81311804 EXHIBIT A .." ;r Cl <0 .-'l .-'l fT1 .-'l <0 U.S. Postal ServiceT. CERTIFIED MAIL. RECEIPT ~omestla Mail Only; No Insurance Coverage Provided) Cl o Certified Fee Cl o Return Reciepf Fee (Endorsement Required) o Restricted Delivery Fee M (Endorsement Required) Cl .-'l Postage 1. 75 3.50 Total Postage & Fees $g..'5 fT1 o San/To . I ~ ~i;eei-~~lo~Y_J'\_'h_-l;,..~W_i_1?___..m__---__.._____. ___mh_._....uh________ ",PO'Box'No:' 2619 Walnut Bottom Road .CitY~-Stare:zrp+;:...---.h_..;..-------h fli---------- ______hn_._____n______.. . Complete ~ems 1 , 2, and 3, Also complete ~m 4 if Restricted Delivery is desired. . Print your name and address on the reverse SO that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front ~ space penm~, 1. Article Addressed to: Kelly K. Lewis 2619 Walnut Bottom Road CArlisle PA 17013 3. Servk:e Type nCertified Mall 0 Express Mail o Registered D Return Receipt for Merch8l'ldl8e o Insured Mall 0 0;0.0. 4, Restricted Delivery? (Extra Fee) lJ(yes 2. Article Number (Transfer from service lab PS FOnm 3811, Augu~t 2001 7003 1010 0000 8131 1804 Domestic Return Receipt 102595-02.M-1540 L.AW OPFICES SNELBAKER & BRENNEMAN EXHIBIT B ,]<:-, 1 a 6l ~~ <::0 ~ r--~ .,;-, ~. I, POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this I/-p.. and between: day of February, 2005 by DAVID R. LEWIS, of26 Mount Rock Road, Newville, Pennsylvania, party of the first part, hereinafter "Husband" AND KELLY K, LEWIS, OF 26 Mount Rock Road Newville, Pennsylvania, party of the second part hereinafter "Wife" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on May 11,2002 in Cumberland County, Pennsylvania and will separate on February 12,2005; and WHEREAS, the parties last resided with each other at 26 Mount Rock Road, Newville, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they will separate and live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties do not have any children of their marriage; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable, NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: I. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety, 2, MUTUAL SEPARATION, Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried, Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3, PERSONAL PROPERTY. Husband and Wife agree that they shall divide and distribute between them by mutual agreement various items of personal property, possessions, furniture and furnishings (the "property") whether or not acquired during their marriage and whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution, Husband shall have and possess, free of any claim or interest of Wife, those items of property set forth on Exhibit A attached hereto. Wife shall have and possess, free of any claim or interest of Husband, those items of property set forth on Exhibit B hereto. 2 The parties declare and acknowledge that they are aware of all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. MARITAL RESIDENCE AT 26 MOUNT ROCK ROAD, NEWVILLE, PENNSYLVANIA. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 26 Mount Rock Road, Newville, Pennsylvania (the "marital residence"), The parties further acknowledge that the marital residence is subject to a mortgage given by the parties to Wells Fargo Home Mortgage (the "mortgage") and a home equity loan (second mortgage) given to Members 1st Federal Credit Union (the "home equity loan"). The parties acknowledge and agree that they will execute concurrently with the signing of this Agreement a special warranty deed conveying all right, title and interest in the marital residence solely to Husband. Husband agrees that he shall within two (2) years of the date of this Agreement, refinance the mortgage and home equity loan on the residence into his own name for purposes of releasing Wife from liability under the mortgage, home equity loan and accompanying notes, In the event Husband for any reason is unable to refinance the mortgage or have Wife released from the mortgage and accompanying note by the recording of an instrument 3 noting same, Husband agrees to immediately list for sale and sell the marital residence, in which event all proceeds of the sale of the marital residence shall belong solely to Husband. Husband agrees the mortgage payment, utilities, taxes, insurance and all other expenses (except the home equity loan) associated with the ownership, use and maintenance of the marital property now or in the future, shall be the sole responsibility of Husband and that Husband shall indemnify and hold the Wife harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Wife due to Husband's failure to pay for the foregoing, Wife agrees that she shall pay to Husband monthly by the first day of each month the sum of$350.00, which sum Husband shall use to pay directly the home equity loan. Wife agrees to make such monthly payment to Husband until such time as the mortgage and home equity loan are refinanced by Husband or the marital residence is sold as specified herein. Wife shall indemnify and hold Husband harmless of and from all such payments, costs and expenses, including any attorney's fees incurred by Husband due to Wife's failure to pay the monthly sum of$350,00 to Husband, 5, BANK ACCOUNTS, All bank accounts, whether or not jointly held by the parties during their marriage, have been or will be divided by mutual agreement to their satisfaction, 6. MARITAL DEBT AND FUTURE OBLIGATIONS, The parties acknowledge and agree that other than the two (2) mortgages identified in Paragraph 4, above, and the debt associated with the pickup truck referenced in Paragraph 7, below, the parties have no other debt for which they are jointly liable to a creditor. The parties agree that any and all financial obligations which are or may be in his or her individual name shall be and remain the responsibility of the person in whose name the debt or obligation has been or will be incurred and that any and all obligations incurred subsequent to the date of this Post-Nuptial Agreement 4 shall be the sole and separate liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 7, AUTOMOBILES. The parties acknowledge that Husband is the sole owner of the 1996 Ford Probe and Wife and Husband are the owners of a 1998 owners of a 1998 Chevrolet S 1 0 pickup truck. Husband shall retain sole and exclusive ownership, possession and use of the Ford Probe, Wife shall retain sole and exclusive ownership, possession and use of the SIO pickup truck. Husband agrees to pay in full the balance due on the S 1 0 pickup truck within 10 days of the date of this Agreement and sign all necessary documents once the vehicle title is released to convey the title to the pickup truck into Wife's name alone, 8. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution, consummation and compliance with the provisions of this Post-Nuptial Agreement. 9. PENSION. 401K. RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. The parties represent that neither of them have or participate in any pension, 401 K, retirement plans or similar accounts or benefits whether or not through a current employer. 10. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against 5 the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. II. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute immediately after 90 days from the service of the divorce complaint, the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions ofthe Pennsylvania Divorce Code. Husband agrees to initiate and pay all filing costs and filing fees associated with the divorce action necessary for the parties to obtain a divorce (the "Divorce Action"), 12. TAX IMPLICATIONS AND MATTERS, The parties agree the they shall file joint income tax returns for 2004 and share equally any refunds that are given. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains, The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. 13, GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever 6 --- kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 14, SURVIVAL OF AGREEMENT, It is the intention ofthe parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce, 15, COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 16. BREACH: INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement, Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses oflitigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make 7 any payment provided for herein. 17. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel oftheir choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 18. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties, Both parties hereby accept the provisions ofthis Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement 8 ,. 19. WAIVERlMODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement This Agreement can only be modified in writing executed by both parties hereto. 20, APPLICABLE LAW, This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania, 21. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement 22, EFFECTIVE DATE, This Agreement shall be dated and become effective on the date when executed by the latter of the two parties, IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns, WITNESSED BY: litt11A-.. ~i!~ (SEAL) Ih~ (SEAL) 9 ,. EXHIBIT A One 60" TV One 32" TV One Bed One Entertainment Stand One Entertainment System Two End Tables Two Dressers One Computer Two Desks Two Desk Chairs Two Recliners One Recliner Couch Two Kitchen Tables One-half of Kitchen Utensils All Husband's clothing One Washer Two Dryers One Snow Blower One Riding Lawn Mower One Push Mower One DVD Player One-half of Games and DVDs One X Box One Play Station " ' EXHIBIT B One 32" TV Three Dressers One Coffee Table One Green Vacuum Cleaner One Nintendo Game Cube One DVD Player Two Rocking Chairs One Stand-up Gold Light One-half of Kitchen Utensils All Wife's Knick-Knacks, Unicorns and Dragons - One Tread Mill One Round Glass Top Table One Secretary Desk One Couch One-half of Games and DVDs Two Cherry End Tables Two Wall Shelves All Wife's Clothing Grandmother's Fostoria Dinner Set c? ...., ,-:::;> <:,:7.:1 "'" <- s:; -.;; ';1 --~ U1 ~ ::(-0 f'nf'- --n\~ :::!J ~ 1: ~;{;~ .~Zi -0 ::;: ~ CJ LAW OFFICES 3NELSAKER & ENNEMAN, P.C. DAVID R. LEWIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff. vs. KELL Y K. LEWIS, NO: 05-804 CIVIL TERM CIVIL ACTION- LAW IN DIVORCE Defendant PLAINTIFF'S AFFIDA VII OF CONSENT UNDER SECTION 330!(C) OF THE DIVORCE CODE 1. A comDlaint in divorce under Section 3301 ( c) of the Divorce Code was filed on February 14,2005. 2, The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intentlOn to request entry of the decree. 4, I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S, 94904. relating to unsworn falsification to authorities. /-I'~~C$ Date: 6' ./ 0 ,...., 0 c: ~ ,on ~~'v <- ~.." C,: rftc..:: -;;::, -01"iJ - -:,,"~q rJl ~\(:> ._.~-1"> -0 '~%~ -,,',. ~ ,-\ -t"'" - ~8 C'.) ,- 17" LAW OFFICES 3NElBAKER & ENNEMAN, P.C. II DAVID R, LEWIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. KELLY K. LEWIS, NO: 05-804 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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! do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, S 4904 relating to unsworn falsification to authorities, Date: tl:?/cJ? g;;;jf?~ David R. Lewis, Plaintiff o ,; ,..., <p = (Or' e..- ,;::; c...n o -n ~-n n1 F:: -0 Iii :OCJ rJ I I...'J() ~~~~ ~~ ;:~,~ t,~ -0 -' -" ~ '~o :-::;- ~-, ~.- Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID R. LEWIS, vs. Defendant NO: 05-804 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KELL Y K. LEWIS, DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 330l(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 330l(c) ofthe Divorce Code was filed on February 14,2005, 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~ 4904, relating to unsworn falsification to authorities. Date: I.P -13- OS iL~~__ Lewis, Defendant LAW OFFICES ;NELBAKER & 'ONNEMAN, P.c. Co (:" .-' "'" ~ <..-, ,- ~-- ~t:. - ",rl Q. -' :r.;,-n " ''I': ''0.<;0, ";.:1) ~C'/-:) s~~~, '~ :'2.. ~-o .-:.-- - r:':: ~- -- Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DAVID R. LEWIS, vs, Defendant NO: 05-804 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KELL Y K. LEWIS, DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(tl,OF 1TIE DIVORCE COJlE 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 hy the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date:l9 -I S -~ \(,..~ . Lewis, Defendant LAW OFFlCES ;NELBAKER & :::NNEMAN, P .C. r-'> = -~ GJ-' <'-.::=; :.:....~ - (Ii o "T' .-\ ~\::o l ~, :{lO -~:~!~~], :~'~r~~A ~I ~.~ -"0 - r..? LAW OFFICES SNELBAKER & BRENNEMAN, P.C. DAVID R. LEWIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-804 CIVIL TERM KELLY K. LEWIS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on February 24, 2005 (see Affidavit of Service filed February 28, 2005), 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff: June 13,2005; by the Defendant: June 13,2005, 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: June 13,2005; by the Defendant: June 13,2005. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, p, C. Date: June 15, 2005 0/1~ Attorneys for Plaintiff By: --.-, ',--::~) ~ (J', --,-) o .on -' -C-c', f-nf~ ~~~(cj- ">t1) ~::: =\'\ :'~~?l~~?' -'-, r r:;' '::iI ~~ . . . . . . . . . . . . . . . . . ~ . . . . . . ~ . . . . . ~ ~ ~ . . . . . ~ . . . . . . . . . . . . . . . ~ . ~ . . . . . . . . ~ . ~ . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :t'~:+: '+' '4' '4' '4' '4''4''4''4''4''4''4'+'+''4' +,+,+,+,+,+'+'+'+'+''4'+'++'+'+'+'+++'T.+'4'~++++.++++++++++'4'++'++'4'+++'+~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++'4'++++'4'+++ +++++++++++++++++++'4'+++++++++++++++++++++++? :."f.:+::+::': .. . . .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF DAVID R. LEWIS, Plaintiff VERSUS KELLY K. LEWIS, Defendant PENNA. No. 05-804 CIVIL DECREE IN DIVORCE AND NOW, --::r~ ~ I ~(J.r @ J /.'11 A.A. , IT IS ORDERED AND DECREED THAT AND DAVID R. LEWIS , PLAINTIFF, KRT.T.Y K T.F.WTH , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None. The parties' Post-Nuptial Agreement dated February II, 2005 is incorporated but not merged into " ~ - , ~ J. .;;;. : V ... , , - '" , < . .-,':;~' ...... --_ .,1-1' .- -- .... .~ \;/ ..--- / . ~..~... _. . ---..... . Qoo.~:HjOo.\; o~4iQo. Amj:1~ PROTHONOTARY J, J ~)' ~~zt, />0' (f-"l ~f!p~_~';./'9 ;;0- /,.1 .' . ~ ' , . ." . ~ . -