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HomeMy WebLinkAbout05-0933 .' . TARA ELIZABETH KIVLAN, Plaintiff IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA v. No. OJ'''''' 133 HAROLD B. KIVLAN, IV" Defendant CIVIL ACTION - DIVORCE NOTICE to DEFEND and CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend yourself 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 in Divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including visitation of your children. When the grounds for Divorce are indignities or the irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the office ofthe Court Administrator, Fourth Floor, Cumberland County Courthouse, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRTOR 4th Floor, Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 TARA ELIZABETH KIVLAN, Plaintiff : IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No. 05'-9 ~? HAROLD B. KIVLAN, IV, Defendant : CIVIL ACTION - LAW IN DIVORCE Complaint in Divorce AND NOW this '2Z~ day of February, 2005 comes Plaintiff TARA ELIZABETH KIVLAN, by and through her attorney, John M. Glace, Esquire, and seeks to obtain a Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff TARA ELIZABETH KIVLAN is adult individual who now resides 5262 Trindle Road, Mechanicsburg (Hampden Township), Pennsylvania 17055 and has resided for all times relevant to this Action in Cumberland County, Pennsylvania 2. The Defendant HAROLD BRADSHAW KIVLAN, IV is an adult individual who resides and has resided for all times relevant to this Action at 5906 Westover Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant were married in Carlisle, Cumberland County, Pennsylvania on June 24, 2000. 4. Both Defendant and Plaintiff have been continuous residents of the Commonwealth Pennsylvania for more than six (6) months. 5. There have been no prior actions for Divorce or Annulment between parties in Pennsylvania or any other jurisdiction. 6. Defendant and Plaintiff have no children. 7. Neither party is a member of the United States Armed Forces nor of any of its allies. 8. Defendant has been advised of the availability of counseling and his right to request that this Honorable Court require both parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken to Section 3301 (c) of the Pennsylvania Divorce Code, Act 206 of 1990. WHEREFORE Plaintiff TARA ELIZABETH KIVLAN respectfully prays this Honorable Court enter a Decree from the bonds of matrimony COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) are incorporated herein and made part hereof as if set forth in full. 11. During the marriage, the Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to Equitable Distribution under Section 401 of the Divorce Code of 1980. WHEREFORE, Plaintiff TARA ELIZABETH KIVLAN respectfully prays this Honorable Court order that the marital property of the parties be subject to Equitable Distribution by the Court RESPECTFULLY SUBMITTED. THE LAW OmCE of JOHN M. GLACE VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint are true and correct to the best of her knowledge, information, and belief. 1bis verification is made subject to the penalties of 18 Pa C.S.A., Section 4904 relating to unsworn falsification to authorities. "'lau zj~ TamE. Kivlan ~ ~ " (') ~ ~~~ .......... "'il\ ~ ~ ~ '\ "; -- ....(\ ~, c,' ~ ~ ~Jl "" ~ G f'-.' N ~'~'" "r;/ r..) C> TARA ELIZABETH KIVLAN, Plaintiff IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA, v. No. 05- q"5~ HAROLD B. KIVLAN, IV, Defendant CIVIL ACTION - LAW DIVORCE Acceptance of Service I, HAROLD B. KIVLAN, IV , Defendant above named, accept service of the Complaint in Divorce, above docketed and certifY that I am competent and authorized to do so. sill/Or . I Date of Service ~/~ Harold B. Kivlan, IV , , F ".FII"S'..DA Ti\f;ILE',(jt"er,II\Curr"lIt",] I ~32 Ipr.11 C,.c"l~(.\' '),'21).\14 li'iJ(,prv1 I<evi'ed 3/14/05 S,)i>A,y( Thomas J. Witliams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.D.17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARA ELIZABETH KIVLAN, Plaintiff v. NO. 05-933 CIVIL ACTION - LAW HAROLD B. KIVLAN, IV, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By-r~k~ 1JvJl~ Thomas 1. W hams, EsqUIre Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: March 17,2005 . . CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO ~w,~ ricia D. Eckenroad Ten East High Street Carlisle,PA 17013 (717) 243-3341 Dated: March 17,2005 ,,---- .' ,~ I - \ 0)- 9- 3 J POSTNUPTIAL AGREEMENT THIS AGREEMENT, made this v.:=)day of Ortc bc---r- ,2005, by and between Tara Elizabeth Kivlan hereinafter referred to as "Wife", and Harold B. Kivlan, IV, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 24, 2000 in Carlisle, Pennsylvania and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they no longer live as man husband and wife and they are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, have been informed on their right to legal counsel and Wife has retained John M. Glace, Esquire and Husband has retained Thomas J. Williams, Esquire. The parties and counsel have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interierence, authority and contact by the other, as fully as if he or she sere single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interiere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation of parties on February 10, 2005 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 indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation of parties on February 10, 2005 he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 5. Outstanding Joint Debts. The parties acknowledge and agree that there no outstanding joint debts and obligations incurred or remaining unsatisfied; but for the marital residence's mortgage and home equity line of credit hereinafter described. In the event that either party contracted or incurred any debts since 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. 6. Equitable Distribution of Marital Property, The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3301 et seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is a second or subsequent marriage for both Husband and Wife; the age, health, station, amount and sources of income, vocational skill, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property ( including family pets) between them; but for the baby grand piano which Husband agrees to permit Wife to take possession of at a later date. But for said piano, the parties mutually agree that each party shall from and after the below date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and the Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except for the above described piano, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of the Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of the Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. Both Parties acknowledge that both own and possess through their employers or former employers pension/retirement investments and agree that upon execution of this Agreement, each party shall be the sole owner of their pension/ retirement investments and endorse whatever documentation to relinquish any claim to the other party's pension/retirement investments and as such and make no claim against the other in that regard. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and property which is in their possession or control ( bur for the baby grand piano as previously described), pursuant to the 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. B Distribution of Real Estate. Wife acknowledges that Husband used pre-marital funds that he solely owned in the purchase of the marital residence at 5906 Westover Drive, Mechanicsburg, (Cumberland County) PA 17050. The parties, in full acknowledgment thereof, agree that Wife shall quitclaim to Husband or execute and convey her interest upon the sale of the marital property for $4,000.00, said sum immediately due and owing when she transfers her interest and executes an instrument of conveyance. C. Distribution of Liquid Assets. The parties have agreed that prior to execution of this Post-Nuptial Agreement they have divided to their mutual satisfaction and agreement all other liquid assets, including, but not limited to, all checking, savings, and investment accounts. Both parties, by their herebelow signatures, acknowledge that they have made full disclosure of all liquid assets accumulated throughout the course of the marriage, either individ- ually or as a joint asset. By execution of this Agreement both parties acknowledge that there are no other liquid assets to be divided. 7. Vehicles. Parties have previously divided ownership of all vehicles acquired during the course of their marriage. Wife is the sole owner of 2004 X3 BMW. Titled only in her name. Husband is the sole owner of the 928 Porsche titled only in his name. Possession of the above described vehicles has been satisfactorily facilitated., 8. Alimony. Both parties acknowledge and agree that the provisions of the Agreement providing for equitable distribution of marital property as fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. 9. Medical Insurance, Husband acknowledges that since the February 10, 2005 separation he has remained on Wife's medical insurance policy and fully understands that immediately upon the divorce of the parties, such coverage will terminate. 10 Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of the 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 or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and 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. 11. Divorce. A Complaint in Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania docketed at 2005-933, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the Divorce code. 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 the Agreement by the proceeding party, there shall be no defense to such action asserted. 12. Time of Distribution. The assets and interests to be transferred under and pursuant to the Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement unless otherwise herein agreed. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301 (c) or 3301 (d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 13 Release, Subject to the provisions of the Agreement, each party has released and discharged, and by the 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 actions, claims, rights, or demands, whatsoever in 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 have 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 the Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 14. Waivers 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 limitations, dower, curtsey, 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 effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 16. Breach. In the event of breach of any of the terms of this Agreement, the non breaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 17. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated, but shall not merge, in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligations of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 18. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect t the provisions of the Agreement. 19. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdictions, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 20. Entire Agreement This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of the Agreement with respect to the distributions and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of the 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 Section 401 (d) of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of the Agreement. 21. Modification and Waiver. A modification or waiver of any of the provisions of the Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. 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 e 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 bee n drafted and accepted on the basis that such resort would constitute a breach under the Agreement, entitling then nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of the 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 interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 23. Voluntary Execution. The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 24. Full Disclosure. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. the parties further acknowledge that they have each made to the other a full disclosure of their respective assets, estate, liabilities and sources of income and that they waive any specific enumeration thereof for purposes of this Agreement. Each party agrees that he or she shall not at any future time raise a defense or otherwise claim the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 25. Applicability of Tax Laws to Property Transfers. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. the parties agree to sign and cause '. "'. ., to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed, then said tax shall be the responsibility of the party receiving the property. 26. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. Agreement Binding on Heirs, This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrator, successors and assigns. 28. Reconciliation. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written and each received a full and complete original signed copy of this Agreement .,~ ,Ie ~ ~J.l__ / - , -." .-, TARA ELIZABETH KIVLAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 05-933 HAROLD B. KlVLAN IV, Defendant CIVIL ACTION - LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under Section 3301(c) of Code was filed on February 22, 2005 and served by personal service on March 11,2005... 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 in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I 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. A. Section 4904 relating to unsworn falsification to authorities. Date: Ie /2')- I L~5' --r c' J/' tL.iec (' l-~ Tara Elizabeth Kivlan C1 --'- ,---'. ':...' Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.0.17512 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant TARA ELIZABETH KNLAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-933 CIVIL ACTION - LAW HAROLD B. KIVLAN, IV, Defendant JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND ~ 330Hd) 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 ofproperty, lawyer's fees or expenses in 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, c.s. 9 4904 relating to unsworn falsification to authorities. Date: IOldll~r el/ ' N-q,a ~_-~ Harold B. Kivlan, IV, Defendant --~.-- -_.:) r' ~' , - F.\FlLFSDi\TAFILE\Gcnernl\Clln.elll"'115~~. \ .pr'l CI-e,lIed <!,:O;'0400(,PM RnJsed II(J:O~ IO..7AM Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 17512 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant TARA ELIZABETH KIVLAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-933 CIVIL ACTION - LAW HAROLD B. KIVLAN, IV, Defendant JURY TRIAL DEMANDED 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 Section 3301 (c) ofthe Divorce Code. 2. Date and manner of service of the complaint: by Acceptance of Service on March 11,2005, as filed. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; October 25, 2005; by the Defendant; October 27,2005. 4, Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated October 25, 2005. 5. Date Plaintiffs Waiver of Notice III ~3301(c) Divorce was filed with the Prothonotary: October 28, 2005. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: October 28, 2005. MARTSON DEARDORFF WILLIAMS & OTTO I .j ~tJ"v ( tv~tt~ Date: November 3, 2005 By Thomas J. Willia s, Esquire Ten East High S reet Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ---------- "', = = CJ"'1 ~p C5 ...-: I -L- o -n --I :r rIl" . -r,IT1 ~-:\1~~ ...,,, .~) I ..,--<() \~5rn ,--,,1 ,,," ,-n .< .~,.:.. <2 o ,_._e_"'- -- ?~~+~+~+.++.+++.+++.+.~++.+.+++.++.+.~+.+++.++.+.+.++~+.+.+++.+.++++++++.++.+++++.++++++++++++++.+.++~ . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . ++ + + + + + + + + + + + + . + + + + . . . + . + + + + + + + + + + + . + + + . + + . . . . . + . + . . . + + + + . + . + . + + + . + + + + + + + . . . + . + . + + + + . + + + + + + . + . + + + + + + + + + + + . + + ++.++.++.+++++~+.+++++++++.++++++.+.+++.++++++++++++.+++++++++++++.? IN THE COURT OF COMMON PLEAS TARA ELIZABETH KIVLAN VERSUS HAROLD B. KIVLAN, IV AND NOW, DECREED THAT AND OFCUMBERLANDCOUNTY STATE OF PEN NA. No. 0') 911 DECREE IN DIVORCE 10011 ~....L.... J ID .- 2.<:lO~ , IT IS ORDERED AND TARA ELIZABETH KIVLAN , PLAINTIFF. HAROLD B. KIVLAN, IV , 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 A Marital Settlement Agreement dated October 25, 2005, is hereby incorporated but not merged into this Decree. , -. ," ; , ~'" - " , , - c . , / ,.-,..'" ,,'~ ~ ~".... .....~ ~ ~.. "" ~ 1~ - \~ \,;.,-" ................- O:~~~~~~H~ ""'" " ATTE By THE COURT: ~~P'OOHO'O,^': ~T('? f/J?ff ~ ~u, 5r2'J?1/1 . ~'r!2 ~'>1'~} n 5'(7, .~/'/.I .. ',-" .',. : ',:,-.<1 '; .