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HomeMy WebLinkAbout05-1914MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL\ NO. ~ ~'-` ~ ~ ~ ~ CIVIL 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 fort in the following pages, you must take prompt action. You are warned that if you fail to do so, he case will proceed without you and a decree in divorce or annulment may be entered against yo for any other claim or relief requested in these papers by the Plaintiff. You may lose money or pr erty 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 arriage, you may request marriage counseling. A list of marriage counselors is available in the Offi of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, arlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MA TAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRA TED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y U DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHON THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL H LP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (71'~ 249-3166 MICHAEL W. DEMERICE, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYL~ V. : NO.~-; f q ~~} CIVIL TERM REVENA SUSAN DEMERICE, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Michael W. DeMerice, an adult individual, currently Market Street, Lemoyne Borough, Cumberland County, Pennsylvania. 2. Defendant is Revena Susan DeMerice, an adult individual, currently Market Street, 2nd Floor, Lemoyne Borough, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the I at 500 at 506 of Pennsylvania and have been so for at least six months immediately previous to the filing ~of this complaint. 4. Plaintiff and Defendant were married on April 2, 2002 in Dauphin Pennsylvania. 5. There have been no prior actions for divorce or annulment between the 6. The Defendant is not a member of the Armed Forces of the United America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the request that the Court require the parties to participate in counseling. Knowing this, the does not desire that the Court require the parties to participate in counseling. of to 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since January 24, 2005 and contin~e to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, afte$ ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted, Q A,~ar1 boo s ~~~~~ Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Boa 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and understand that false statements herein made are subject to the penalties of Pa.C.S relating to unsworn falsification to authorities. 4904 ,j Date MIC AEL W. DEMERICE G 9J "„~ .-q W _ oQ ~CS l A py+ .T~ 3?° .-~1 -Ct (t'i~- . 7 I ~ ~~ ~ , ~ ~ ) C7 P ~;'.1 i : _~ ~ -.. MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CIVIL TERM CNIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above captioned case upon Defendant by certified mail, return receipt requested on April 18, 2005, addressed to R. Susan DeMerice 506 Mazket Street, 2nd Floor Lemoyne, PA 17043 and did thereafter receive same as evidenced by the attached Post Office receipt card dated April 20, 2005. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 2 t ael Zoa S C~~ Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff t,., m LEt~Yt7E. 3'P 111143 O n'1 Postage $ ~I I • ~~ ~ ~ R \ `• _ ~ ~~ ~\ ~ Certltletl Fee ~~ pP \ ~ 0 Return fleceipt F¢e (EMorsemenl Required) li Fee t d D R i -~ i- „' ~ Z Q~mark ~Qlere ~ ~ ty~ [ / LUOJ ' p estr c e very e (Endorsement Required) G ..~ ~ ~1•g2 ~ ~ ~ ~~ 0 Total Postage&Feas ~ T a Se o O Street, Apr. Na.; / ~ ~.l ar PO Sox No.Sr'~ ~/~~-+~c T___S!...__. c ~AL~P L__._....__. C7 r City, 5 te, ZIP+ 4 EJY/U~ A/E /~i9 / 70 ~.3 :Ir rr ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front If space permits. A. X ^ Agent 1. Article Addressetl to: .J~/.• f~7•y JC~~1_'t//~~r r/7 z/7dfLOO//~ ~~=yrlayu6 7 ~1 / 7a ~ 3 6. Receivetl by (Printed Name) .Date of Delivery / " Q ~' D. Is delivery adtlress different from item 1? ^ Yes If VES, enter delivery address below: ^ No 3. rSService Type w Gertiiied Mail ^ Express Mail ^ Registeretl ^ Return Receipt for Memhantlise ^ Insuretl Mail ^ C.O.D. 4. Restricted Delivery? (Extra Feet Yes 2. Article Number (7rensier irom service label) 7001 1140 0000 5793 0352 PS Form 3811, August 2001 Domestic Return Receipt tozsss-ot-m-oset n ~.. t:- r,~ ,,. ~ . ~, ~s ,~~y c~~~~~- MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this ~ day of /~~-~ , 2005, between MICHAEL W. DeMERICE, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband", and REVENA SUSAN DeMERICE, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife". WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on Apri12, 2002 in Dauphin County, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart, having separated on January 24, 2005, and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each parry warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property -1- of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtest', rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtest', rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or -2- her share. shall descend to vest in his or her heirs at law, personal representatives, and next. of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto fi~rther waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Division of Personal Property. A. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. .Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the -3- Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. B. The parties agree that the 1991 Ford Ranger shall be the sole and separate property of the Husband and that the 1994 GMC Sonoma shall be the sole and separate property of Wife. 5. Debts. The parties are joint owners of credit cards and personal loan including MBNA Account No. 5490-9957-6790-9655 and MBNA Account No. 4264-2907-0324-1083 and Wells Fargo Financial Account No. 7934-3490. The parties agree that they will each be responsible for the existing debts in a 50/50 split which outstanding debts will be paid off upon the sale of the marital real estate as discussed below. 6. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 7. Real Property. The parties agree that the real property located at 500 Market Street, Borough of Lemoyne, Cumberland County, Pennsylvania, shall be sold at the earliest possible time. Proceeds from the sale of this real estate shall be first apportioned to the outstanding Mortgage in the approximate value of $74,994.84. Further, the credit card balances mentioned above shall be paid off with said proceeds. After the payment of all marital debts, as outlined above, the proceeds from the sale of the home shall be split 50/50 between the parties. Both parties agree to execute any and all future documents reasonably related to the transfer of title to the marital home and to cooperate in the prompt payment of all marital debts as outlined above. 8. Waiver of Alimony. In consideration of the mutual agreement of the parties -4- voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 9. Pension. Husband is entitled to retirement benefits by virtue of his employment with the United States Postal Service. It is agreed that Wife shall retain fifty (50%) percent of the marital portion of said retirement benefits, to be defined as that portion of the retirements benefits accrued from the date of the marriage to the date of the parties' separation. In the absence of a specific procedure implemented by the United States Postal Service to accomplish said transfer, the parties agree that they shall enter into a Qualified Domestic Relations Order. Husband agrees to waive any claims that he may have to any pension or employment benefits of any kind earned during the marriage by Wife. 10. Survivor Benefits. Husband, as long as he remains employed by the United States Postal Service, is entitled to certain survivor benefits. Husband hereby agrees that, for as long as he is employed by the United States Postal Service, he will name Wife as a ten (10%) percent beneficiary of the lump sum survivor benefits to which Husband's survivors shall be entitled. 11. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U.S.C.§523(a)(5), §523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance -5- or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 12. Counsel Fees and Court Costs. If either party incurs any other legal fees or court costs over and above those associated with this Agreement or the Divorce proceedings captioned above, those fees and costs shall be borne by that parry exclusively. 13. Divorce. A divorce complaint alleging that the marriage is irretrievably broken and that the parties intend to mutually consent to the entry of a divorce decree shall be prepared and filed at the expense of Husband. The parties hereby agree that, upon the expiration of the applicable 90-day period from the date of service of the Divorce Complaint, they shall, upon request of the other parry, execute the necessary affidavits of consent and waiver of notice of the entry of a divorce decree in that action. The parties agree that they shall be responsible for all legal fees and court costs that they shall incur on their own behalf, with the exception that Husband shall pay the filing fee for the divorce complaint by mutual consent to be filed, as set forth in Paragraph 11 above. 14. Breach. In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for -6- damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement. The parties agree that this Marital Settlement Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 16. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 17. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement. 19. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a -7- result ofsuch failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WI'T'NESS: ~~-C MICHAEL W. DeMERICE p~.K.a- REVENA SUSAN DeMERICE -8- . ~s COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND On the _~?.~ day of ~~~gz2~,~/ , 2005, before me, the undersigned officer, a Notary Public, personally appeared Michael W. DeMerice, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC o EALTH of PExNSYLVANw Notarial Seal Sharon R. Feister, Notary Public Cutberland Boto, Cumberland County My Commission Expires Apr. 15, 2007 COMMONWEALTH OF PENNSYLVANIA: /~ SS COUNTY OF~~--~~~ ~`~'~ ~9-~c)~( On the©7~`~'day of /y7.9~csa , 2005, before me, the undersigned officer, a Notary Public, personally appeared Revena Susan DeMerice, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. i 'NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sharon R. Feister, Notary Public ew Cumberland Boro, Cumberland County My Commission Expires Apr. 15, 2007 -9- ~ ~ ~ ~ ~~t ~'_ r ,~, t*'t ~ .~° ~ ' ~ p - ~ ._ W ~' ~ c-' t.;.= W MICHAEL W. DEMERICE, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OS-1914 CIVIL TERM REVENA SUSAN DEMERICE, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 24, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date:_ J ~ ~~ ~~ { MIC AEL W. DEMERICE, Plaintiff MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CNIL TERM CNIL ACTION -LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. b I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ^ (a} I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to check (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other parry. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: REVENA SUSAN DEMERICE, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ~ rU C '€~ i~r ~ .~°:~. ~ r ~„r_ ~~ ~.. . ~ ~ . . ~y A w t ~ ~ y •t ~° '1 r ' MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Plaintiffs Affidavit Under 3301(d) of the Divorce Code with Notice to Defendant and Counteraffidavit upon Revena Susan DeMerice, Defendant, by certified mail, return receipt requested on March 21, 2007, addressed to Revena Susan DeMerice 950 Orchard Avenue Camp Hill, PA 17011 and did thereafter receive same as evidenced by the attached Post Office receipt card signed by Defendant on March 24, 2007. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 2~- Yk,A~ll. 200 Date ROBERT P. KLiNE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff • _; CERTIFIED MAIL . RECEIPT ' (Domestic Mail Only; No Insurance Coverage Providec ~ t.:.- ., ~-- g ~ ((,, cp ~l ~t. ~ ..r- .. Postage $ /'~G, j l.~ 6 ~ p Certified Fe9 ~°'' ~i ti ~~ ~\ "~: .~~ c p \iv [] Return Receipt Fee #.~ , ~;`~, ~ ~ (Endorsemerrt Required) : ~ ~/ -' ~ (EndoeS r~semerrt R~uired) ~~ti; ,14(', t ~ ~QO~ ~b (1J Total Postage & Fees ~ r , r ~'~~ . p ~ ~ c.t, PA I o ~ ^ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ~ A9e--t ^ Print your name and address on the reverse X ~' .Addressee so that we can return the card to you. g, Received by ~Wlnted ~ C. Date of Delivery ^ Attach this card to the back of the mailpiece, or on H space permits. >/ rWl- rJ v sa D. Ia delivery address dkferent iron kern 1? ^ Yes 1. Article to: ff YES, enter delivery address below: ^ No ~~ ~~ /'7 /LL. ~~ /~~~~ 3. Type ed Mall ^ E>gxesa MaN ^ Registered ^ Return Receiptfor Merchard~e ^ Insured Mail ^ C.O.D. 4. RestrlCted Delivery? (Extra Fes) ^ Yes 2' A~"°"'~` 7004 289 0002 8475 3986 a~r~••~abw) PS Form 381'1, Fsbrtriary 2004 Domestic Rearm Receipt tozsaa-0¢-M-~~o ` Direct Query -Intranet Track/Confirm -Intranet Item Inquiry Item Number: 7004 2890 0002 8475 3986 This item was delivered on 03/24/2007 at 13:29 Signature: .. ._.__.__._..._.._.._..._._...__ _..._._.._...... . _.__.. Address: Enter Request Type and Item Number: Quick Search ~:~ Extensive Search ~::~ Lxplanatfon of Quick a-xi EacierEaive Submit Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts/pts/imageView.do Page 1 of I 3/27/2007 t7 r~ C7 C ~=' ~ ~ _, "C;~t1:? nom: ~ G... .s / w 4,,,J ,~-..- " - .. .. F .. ~ ~~~ ~' (, ~ tw•-~ ^-G ..~ MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: REVENA SUSAN DEMERICE, Defendant 950 Orchard Avenue Camp Hill, PA 17011 MICHAEL W. DEMERICE, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after May 4, 2007, requesting a final decree in divorce be entered. Respectfully submitted, 1~ ;1 Z~a~ Date (1~~-~ Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE To: REVENA SUSAN DEMERICE, Defendant 950 Orchard Avenue Camp Hill, PA 17011 You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the §3301(d) affidavit. Therefore, on or after May 4, 2007, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. `The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CIVIL TERM CIVIL ACTION -LAW IN 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: Separation and irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on April 18, 2005. 3. (a) Date of execution of the Plaintiffs Affidavit Required by Section 3301(d) of the Divorce Code: March 18, 2007; (b) Date of service of the Plaintiff s Affidavit upon the Defendant: March 24, 2007. 4. Related claims pending: None. All related claims have been resolved pursuant to Marital Settlement Agreement dated March 24, 2005, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code: Certified and First Class Mail on April 11, 2007. Respectfully submitted, Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff MICHAEL W. DEMERICE, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OS-1914 CIVIL TERM REVENA SUSAN DEMERICE, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that an addition to check (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Revena Susan DeMerice, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NTO WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. c,~? `=Tt ~"? ~='• ~.a ~- _. " ~~s _`~' l~K ..:' y .r _ ~-L _.` G) ~~~ ~~ .' MICHAEL W. DEMERICE, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OS-1914 CIVIL TERM REVENA SUSAN DEMERICE, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ,~. (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to check (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. //~~ --- Date: (~ ~ ~ _ ~ ~ Qiut,~n.a. REVENA SUSAN DEMERICE, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. C~ ""' cV - =' ~,., -T, _ = .~ ~ MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CIVIL TERM CIVIL ACTION -LAW ]N 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: Separation and irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on April 18, 2005. 3. (a) Date of execution of the Plaintiffs Affidavit Required by Section 3301(d) of the Divorce Code: March 18, 2007; (b) Date of service of the Plaintiffs Affidavit upon the Defendant: March 24, 2007. 4. Related claims pending: None. All related claims have been resolved pursuant to Marital Settlement Agreement dated March 24, 2005, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code: Certified and First Class Mail on April 12, 2007. ~~-~ .~~-! Zook Date Respectfully submitted, 1 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ~ ~ ~ -n ~_ ~ ~ ..~y~°; ~ fi ~ ..~ r~ - ~ ~; ; ~, ~ ~ t~ _z7 ~ > ,~ ~f ".{ _.~i.....Y:_ c ~ '~ =~~ .~` -~ MICHAEL W. DEMERICE, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OS-1914 CIVIL TERM REVENA SUSAN DEMERICE, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE I, Robert P. Kline, Esquire, attorney for Plaintiff, Michael W. DeMerice, in the above captioned matter, hereby certify that I served the attached Notice of Intention to Request Divorce Decree upon the Defendant, Revena Susan DeMerice, by first class mail, postage prepaid, from New Cumberland, Pennsylvania, on April 12, 2007, addressed as follows: Revena Susan DeMerice 950 Orchard Avenue Camp Hill, PA 17011 3 Y~c a ~/ Z ey ~ Date Respectfully submitted, ~ ~~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff MICHAEL W. DEMERICE, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OS-1914 CIVIL TERM REVENA SUSAN DEMERICE, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE r- ~ ~~.: .'Wi't"' NOTICE OF INTENTION TO REQUEST -_'_ 3 ~~ ENTRY OF DIVORCE DECREE - - ~-'' ~_. -- ' ~, ,.- __ /~.+~ ~.J To: REVENA SUSAN DEMERICE, Defendant -~ `-°' ~: -~ 950 Orchard Avenue Camp Hill, PA 17011 MICHAEL W. DEMERICE, Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after May 4, 2007, requesting a final decree in divorce be entered. Respectfully submitted, 1 \ l~,~n ;1 Z~a~ Date ~~~, Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff MICHAEL W. DEMERICE, PLAINTIFF V. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CNIL TERM CNIL ACTION -LAW IN DNORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DNORCE DECREE To: REVENA SUSAN DEMERICE, Defendant 950 Orchard Avenue Camp Hill, PA 17011 You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the §3301(d) affidavit. Therefore, on or after May 4, 2007, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MICHAEL W. DEMERICE, PLAINTIFF v. REVENA SUSAN DEMERICE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-1914 CIVIL TERM CIVIL ACTION -LAW IN 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: Separation and irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on April 18, 2005. 3. (a) Date of execution of the Plaintiffs Affidavit Required by Section 3301(d) of the Divorce Code: March 18, 2007; (b) Date of service of the Plaintiff s Affidavit upon the Defendant: Mazch 24, 2007. 4. Related claims pending: None. All related claims have been resolved pursuant to Marital Settlement Agreement dated March 24, 2005, which shall be incorporated by reference, but which shall not merge with the Divorce Decree. entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code: Certified and First Class Mail on April 11, 2007. Date Respectfully submitted, ROBERT P. KL]NE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff MICHAEL W. DEMERICE, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OS-1914 CIVIL TERM REVENA SUSAN DEMERICE, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I o ose the entry of divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, Iawyer`s fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that an addition to check (b} above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Revena Susan DeMerice, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NTO WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. C? ~ C? ~, ~ -rt ~' c ' - ~ - ~~ , r' r --- ;' ~ _"" ' ~` _- ~ _, f-ri, " t :: - -- .. -=~ ?~ ~~ ~ ~ I N THE COURT OF COMMON PLEAS MICHAEL' W. DEMERICE, OF CUMBERLAND COUNTY STATE OF '~ PENNA. =~ ~, -=~= N O. 05-1914 Civil Term PLAINTIFF VERSUS REVENA SUSAN DEMERICE, DEFENDANT DECREE IN DIVORCE AND NOW, /hQy ~~~ 2007 , IT IS ORDERED AND DECREED THAT MICHAEL' W. DEMERICE AND REVENA SUSAN DEMERICE ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; The Marital Settlement Agreement dated March 24, 2005 is hereby incorporated into, but shall not merge with, this Decree. BY THE OURT: ' ~ , ATTE J. PROTHONOTARY 4 ~,