Loading...
HomeMy WebLinkAbout05-3157DAVID JUAREZ, Plaintiff V. OLGA NIKOLAYEVNA JUAREZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F.R. No. 2005 - CIVIL TERM :CIVIL ACTION - LAW : DIVORCE COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is David Juarez, an adult individual who currently resides at 19126 Longmeadow Road, Hagerstown, Maryland 21742 since January 2005. 2. Defendant is Olga Nikolayena Juarez, an adult individual who currently resides at 339 Farmington Drive, Shippensburg, Cumberland County, Pennsylvania 17257 since July 2002. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 7, 2002 in Franklin County, Pennsylvania. 5. There has been no prior action for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. Commonwealth of Pennsylvania County of Cumberland, ss: DAVID JUAREZ, Plaintiff vs. OLGA NIKOLAYEVNA JUAREZ, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005-3157 CIVIL TERM Motion for Appointment of Master DAVID JUAREZ, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has not appeared in the action by any attorney. 3. The statutory ground(s) for divorce is/are: 3301 (c) os- (?? 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1/2 day. 7. Additional information, if any, relevant to the motion: 3 I Date Sa uel L. An e Attorney for Plaintiff AND NOW, 2006, Esquire, is appointed Master with respect to the following claims: divorce. BY THE COURT, J. _,; -,, _?, -?? -:- ?, DAVID JUAREZ, Plaintiff V. OLGA NIKOLAYEVNA JUAREZ, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA F.R. No. 2005 - 3 I -: 1 CIVIL TERM :CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM OF RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania. 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. Pennsylvania Lawyer Referral Line Lawyer Referral Services Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) - the marriage is irretrievably broken. b. Section 3301(d) -the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties separated on October 28, 2004. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully Submitted, Megan alone, Esquire Law Offices of LopezNeuharth LLP P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn Date: C? S - - C% d f7 Ci 51 `;;; r«r -?lT; 1 `??nn C7 v .` Q v DAVID JUAREZ, vs. Plaintiff OLGA NIKOLAYEVNA JUAREZ, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - 3157 CIVIL TERM IN DIVORCE PRAECIPE Please enter my appearance for the Plaintiff, David Juarez in the above matter. 14 March 2006 Sa uel_ ndes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`n Street Lemoyne, Pa 17043 (717) 761-5361 Commonwealth of Pennsylvania County of Cumberland, ss: DAVID JUAREZ, Plaintiff vs. OLGA NIKOLAYEVNA JUAREZ, Defendant in the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005-3157 CIVIL TERM Motion for Appointment of Master DAVID JUAREZ, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion states: ( ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has not appeared in the action by any attorney. 3. The statutory ground(s) for divorce is/are: 3301 (4) ors (C 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been rea ( ) The action is contested with ;hed with respect to the following claims: respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take Y2 day. 7. Additional information, if any, relevant to the motion: Date Sa uel L. An e /A?ttorn"eyy for Plaintiff /? AND NOW, 589 C.rl/.M[?G/Of 11, Esquire, is appointed Master with r spect to th following claims: divorce. BY T, 1 CAI IQ, Of 11, `A DAVID JUAREZ, VS. Plaintiff OLGA NIKOLAYEVNA JUAREZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F.R. NO. 2005 - 3157 CIVIL TERM CIVIL ACTION - LAW 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. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on 28 October 2004 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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: 30 October 2006 DAVID JUAR DAVID JUAREZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) F.R. NO. 2005 - 3157 CIVIL TERM CIVIL ACTION - LAW OLGA NIKOLAYEVNA JUAREZ, ) DIVORCE Defendant ) DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 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 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 verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: OLGA NIKOLAYEVNA JUAREZ 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 NEED NOT FILE THIS COUNTER-AFFIDAVIT. ?-, ?t ii' q _?, t.-. ,:.1 ? ?-? \? _ ?.O rA ?, ? ,? l i r ?_S .Y ?'??. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA David Juarez, : Civil Action -Law Plaintiff : F.R. No. 2005 - 3157 Olga Nikolayevna Juarez, Defendant In Divorce a v.m. PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance as attorney for Defendant in the above-captioned case. East Main Street Waynesboro, PA 17268 (717)762-1415 PA Atty. ID No. 55654 n DAVID JUAREZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. OLGA NIKOLAYEVNA JUAREZ, Defendant F.R. NO. 2005 - 3157 CIVIL TERM CIVIL ACTION - LAW DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 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 W, 00 or both): (i) The parties to this action have not lived separate and apart. for a period of at least 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. 4 (b) I wish to claim economic relief which may include ali ony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: it Z-Z, Z o% x ff a /-.,, 0-r41 OL A NIKOLAYEVNA JUAREZ 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 NEED NOT FILE THIS COUNTER-AFFIDAVIT. co Q .i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA David Juarez, Civil Action -Law Plaintiff F.R. No. 2005 - 3157 Olga Nikolayevna Juarez, : Defendant In Divorce a v.m. PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE NOW comes the Petitioner, Olga Nikolayevna Juarez, by her Attorney, Jeffrey S. Evans, Esquire, and in support of her Petition states: 1. The Petitioner is the Defendant in the above-captioned divorce action, who currently resides at 453 Lea Drive, Chambersburg, Franklin County, Pennsylvania 17201. 2. The Respondent is the Plaintiff in the above-captioned divorce action, whose last known address was 19126 Longmeadow Road, Hagerstown, Maryland 21742. 3. Petitioner and Respondent were married on August 7, 2002 at Pleasant Hall, Franklin County, Pennsylvania. 4. On or about June 20, 2005, Respondent initiated the above-captioned divorce action by filing a Complaint seeking a divorce pursuant to Section 3301(c) or (d) of the Divorce Code. A copy of the Complaint is attached hereto, made part hereof and marked Exhibit "A". COUNTI EQUITABLE DISTRIBUTION 5. Paragraphs 1-4 are incorporated herein by reference as if set forth at length. 6. During the course of their marriage, Petitioner and Respondent have legally and beneficially acquired property both real and personal, which property is defined as marital property under the divorce code. 7. Petitioner and Respondent may have owned, prior to the marriage, property both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property would be considered marital property under the divorce code. 8. Petitioner and Respondent have been unable to agree as to an equitable division of said property as of the date of the filing of this Petition and substantial portions of said property are in the exclusive control of Respondent. 9. Petitioner respectfully requests that this Honorable Court equitably divide all marital property. COUNT II ALIMONY, PERMANENT AND/OR PENDENTE LITE 10. Paragraphs 1-9 of this Petition are incorporated herein by reference as if set forth at length. 11. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through an appropriate employment. 12. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 13. Petitioner believes and therefore avers that Respondent earns in excess of $97,000.00 per year and has substantial assets. 14. Petitioner requests that the Court enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT III ATTORNEY'S FEES, COSTS AND EXPENSES 15. Paragraphs 1-14 of this Petition are incorporated herein by reference as if set forth at length. 16. Petitioner has employed counsel to represent her in the pending divorce matter which involves complex issues of equitable distribution, alimony and alimony pendente lite. 17. Petitioner is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Petitioner may be required to employ various experts, an accountant and/or appraiser and/or actuary, etc., to review various records of Respondent and appraise various properties including but not limited to the marital residence and is unable to pay the necessary and reasonable expenses in connection therewith. 19. Petitioner requests your Honorable Court enter an award of counsel fees, costs and expenses in a reasonable sum. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her the relief requested in the above Petition. Respectfully submitted, *Attrfendant/Petitioner 2025 East Main Street Waynesboro, PA 17268 (717)762-1415 PA Atty. ID No. 55654 VERIFICATION I verify that the statements in this document are true and correct to the best of my knowledge, information and belief, and 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. Dated: /? ) J. OG ?t 0`^?e2 Olg ikolayevna Juarez, Defendant . DAVID JUAREZ, Plaintiff V. OLGA NIKOLAYEVNA JUAREZ, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : F.R. No. 2005 -345-? CIVIL TERM :CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM OF RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania. 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. Pennsylvania Lawyer Referral Line Lawyer Referral Services Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 1 RUE COPY FROM RECORD i?w _i: y whereof, ; here unto set pin/ Nod =I I IV at t of said Catrfisw P+?,6 EXHIBIT A DAVID JUAREZ, Plaintiff v. /lT 1' A T TTT7lNT A'K TTT T7. T A TT T A T T 7 l/L\Jti IN 11%?ULti I F- V IWX J U Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA F.R. No. 2005 - CIVIL TERM /'1T< 1TT A !'1TTll1 T T ? ? :1.1 V 1L Hl. 11U1V - LH W DIVORCE COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is David Juarez, an adult individual who currently resides at 19126 Longmeadow Road, Hagerstown, Maryland 21742 since January 2005. 2. Defendant is Olga Nikolayena Juarez, an adult individual who currently resides at 339 Farmington Drive, Shippensburg, Cumberland County, Pennsylvania 17257 since July 2002. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 7, 2002 in Franklin County, Pennsylvania. 5. There has been no prior action for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) - the marriage is irretrievably broken. b. Section 3301(dl - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties separated on October 28, 2004. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully Submitted, J"t? " Megan Malone, Esquire Law Offices of LopezNeuharth LLP P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn Date: L7 S v Q' ^c3 P:`} t'ltE;s --C 0 9 0 ..C N co C7 i'rt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA David Juarez, Civil Action - Law Plaintiff F.R. No. 2005 - 3157 Olga Nikolayevna Juarez, Defendant In Divorce a v.m. MOTION TO AMEND ORDER APPOINTING MASTER AND COMMISSION OF MASTER TO INCLUDE CLAIMS FOR EQUITABLE DISTRIBUTION, ALIMONY, AND COUNSEL FEES AND EXPENSES NOW comes the Defendant, Olga Nikolayevna Juarez, by her Attorney, Jeffrey S. Evans, Esquire, and moves the Court as follows: 1. Movant is the Defendant in the above-captioned divorce action. 2. Respondent is the Plaintiff in the above-captioned divorce action. 3. On or about March 31, 2006, Plaintiff filed a Motion to appoint a Master in the above matter with respect to the issue of divorce. 4. By Order of Court, dated March 31, 2006, E. Robert Elicker, Esquire was appointed Master to hear the claim of divorce. 5. On or about November 28, 2006, prior to the entry of a Final Decree in Divorce, Defendant filed a Counter-Affidavit requesting economic relief, and filed a Petition for Related Claims under the Divorce Code, which raised the issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. Copies of those documents are attached hereto, made part hereof and marked Exhibits A and B respectively. 6. Discovery is not complete as to those additional claims of equitable distribution, alimony, alimony pendent lite, or counsel fees and expenses. 7. It is anticipated that the action will be contested regarding the claims of equitable distribution, alimony, alimony pendent lite, or counsel fees and expenses. 8. The claims of equitable distribution, alimony, alimony pendent lite, or counsel fees and expenses do not involve complex issues of law, however, may involve complex issues of fact. 9. The hearing is expected to take one day. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order amending its prior Order and commission to the Master giving the Master authority to hear the additional claims of equitable distribution, alimony, alimony pendent lite, or counsel fees and expenses. Respectfully submitted, Waynesboro, PA 17268 (717)762-1415 PA Atty. ID No. 55654 VERIFICATION The undersigned is counsel for the Defendant in the foregoing document and states that the facts set forth in said document are true and correct, in part according to her own personal knowledge, and as to the remainder, upon information and belief based upon conversations with and representations made by Defendant. The undersigned also understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: 14?2 ?/o ? DAVID JUAREZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND' COUNTY, PENNSYLVANIA VS. ) F.R. NO. 2005 - 3157 CIVIL TERM CIVIL ACTION - LAW OLGA NIKOLAYEVNA JUAREZ, ) DIVORCE Defendant ) DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): ?., (a) I do not oppose the entry of a Divorce Decree. C: _ a (b) I oppose the entry of a Divorce Decree because , (check (i), (ii) or both): f, `? mF' co ry?? ?Q (i) The parties to this action have not lived separate and apart-for a period k ' Cl" of at least 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 ali ony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 2.2 2 c V G%Zc v OL A NIKOLAYEVNA JUAREZ 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 NEED NOT FILE THIS COUNTER-AFFIDAVIT. EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA David Juarez, Civil Action -Law Plaintiff F.R. No. 2005 - 3157 Olga Nikolayevna Juarez, Defendant In Divorce a v.m. PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE NOW comes the Petitioner, Olga Nikolayevna Juarez, by her Attorney, Jeffrey S. Evans, Esquire, and in support of her Petition states: 1. The Petitioner is the Defendant in the above-captioned divorce action, who currently resides at 453 Lea Drive, Chambersburg, Franklin County, Pennsylvania 17201. 2. The Respondent is the Plaintiff in the above-captioned divorce action, whose last known address was 19126 Longmeadow Road, Hagerstown, Maryland 21742. 3. Petitioner and Respondent were married on August 7, 2002 at Pleasant Hall, Franklin County, Pennsylvania. 4. On or about June 20, 2005, Respondent initiated the above-captioned divorce action by filing a Complaint seeking a divorce pursuant to Section 3301(c) or (d) of the Divorce Code. A copy of the Complaint is attached hereto, made part hereof and marked Exhibit "A". COUNT I -o cc, Cry n EQUITABLE DISTRIBUTION ^;, Paragraphs 1-4 are incorporated herein by reference as if set forth at length ;Y EXHIBIT B 6. During the course of their marriage, Petitioner and Respondent have legally and beneficially acquired property both real and personal, which property is defined as marital property under the divorce code. 7. Petitioner and Respondent may have owned, prior to the marriage, property both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property would be considered marital property under the divorce code. 8. Petitioner and Respondent have been unable to agree as to an equitable division of said property as of the date of the filing of this Petition and substantial portions of said property are in the exclusive control of Respondent. 9. Petitioner respectfully requests that this Honorable Court equitably divide all marital property. COUNT II ALIMONY, PERMANENT AND/OR PENDENTE LITE 10. Paragraphs 1-9 of this Petition are incorporated herein by reference as if set forth at length. 11. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through an appropriate employment. 12. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 13. Petitioner believes and therefore avers that Respondent earns in excess of $97,000.00 per year and has substantial assets. 14. Petitioner requests that the Court enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT III ATTORNEY'S FEES, COSTS AND EXPENSES 15. Paragraphs 1-14 of this Petition are incorporated herein by reference as if set forth at length 16. Petitioner has employed counsel to represent her in the pending divorce matter which involves complex issues of equitable distribution, alimony and alimony pendente lite. 17. Petitioner is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Petitioner may be required to employ various experts, an accountant and/or appraiser and/or actuary, etc., to review various records of Respondent and appraise various properties including but not limited to the marital residence and is unable to pay the necessary and reasonable expenses in connection therewith. 19. Petitioner requests your Honorable Court enter an award of counsel fees, costs and expenses in a reasonable sum. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her the relief requested in the above Petition. Respectfully submitted, 4 Jgrr a re Att De fendant/Petitioner 2025 East Main Street Waynesboro, PA 17268 (717)762-1415 PA Atty. ID No. 55654 VERIFICATION I verify that the statements in this document are true and correct to the best of my knowledge, information and belief, and 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. Dated: /? ) J. 06 Olg ikolayevna Juarez, Defendant DAVID JUAREZ, Plaintiff V. OLGA NIKOLAYEVNA JUAREZ, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : F.R. No. 2005 -345-7 CIVIL TERM :CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM OF RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania. 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. Pennsylvania Lawyer Referral Line Lawyer Referral Services Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 tiA i 1. - xmy r''lr;{ ect , t t,fe e L, to sM aq NmnJ ?? (AFL.... . EXHIBIT A DAVID JUAREZ, Plaintiff v. !lT /' A ATTT7 -%T A XTTt TAT A TTT A T%T`17 liLUti 1V1r-,VLtX 1 r- V 1Vt1 J u111«L., Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA F.R. No. 2005 - CIVIL TERM /1TT TTT A d \TT? T T • t< :Ll V 1L Hk-, 11U1V - E./-k W DIVORCE COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is David Juarez, an adult individual who currently resides at 19126 Longmeadow Road, Hagerstown, Maryland 21742 since January 2005. 2. Defendant is Olga Nikolayena Juarez, an adult individual who currently resides at 339 Farmington Drive, Shippensburg, Cumberland County, Pennsylvania 17257 since July 2002. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 7, 2002 in Franklin County, Pennsylvania. 5. There has been no prior action for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) - the marriage is irretrievably broken. b. Section 3301(d) - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apaA nor a period of two years, Piaintirr will submii an Affidavii alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties separated on October 28, 2004. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully Submitted, "" -, W. A??140? Megan alone, Esquire Law Offices of LopezNeuharth LLP P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 A VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsificationAto authorities. Date: - David Juarez r-a r..? --..? '?`i -- m : ? om _f 7 ;""1 s 4 '1 l 7 ?' r -i?.1 "j') ? - ?? ,? L ? ?._. .. .{ _e ? ? DAVID JUAREZ, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW F.R. NO. 2005 - 3157 CIVIL TERM OLGA NIKOLAYEVNA JUAREZ, Defendant IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AMY HARKINS, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Plaintiff herein. 2. That on 14 November 2006, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. 7004-0750-0002-7282-3959), return receipt requested, addressed to the Defendant herein, a true and correct copy of Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code, together with a Notice to Defendant. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Defendant of 24 November 2006. Sworn to and subscribed before me this day it Of +A-1 12000. /?? Notary Public ? t4 qtr 1.?MaMNE ?, ?p?? my ar s VS. ) F.R. NO. 2005 - 31 !?? CIMIL -F?RM CIVIL ACTION - LAVA, OLGA NIKOLAYEVNA JUAREZ, ) DIVORCE Defendant NOTICE TO DEFENDANT n If you wish to deny any of the statements set forth in this affidavit, you must file a DAVID JUAREZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on 28 October 2004 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 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 unsworn falsification to authorities. Date: 30 October 2006 DAVID J 18 Pa. C.S. 4904 relating to I DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 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 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 1 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 verify that the statements made in this Counter-Affidavit are true and correct. I DAVID JUAREZ, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F.R. NO. 2005 - 3157 CIVIL TERM CIVIL ACTION - LAW DIVORCE OLGA NIKOLAYEVNA JUAREZ, Defendant understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: OLGA NIKOLAYEVNA JUAREZ ll 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 NEED NOT FILE THIS COUNTER-AFFIDAVIT. • 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. 1. Article Addressed to: _ A. Signature X i%? ?' fG? gi!'r/t ? Agent ? Addressee B. Regeived by (Printed Name) C. Date of Delivery 1 Z ?a re z D. dHterem from item 1? ? Yes address below: ? No Ms. Olga Nikolayevna Juai6-1 p 453 Lea Drive. Chambersburg, Pa 17201 atl ? Express Mail 10 Registered ? Return Receipt for Merchandise ? insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. 7004 07513 0002 7282 3959 Ps Form 3811, August 2001 Domestic Retum Receipt 102596.02-n IS40 E41A ? L .vs DAVID JUAREZ, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-3157 CIVIL TERM OLGA N. JUAREZ, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 676109115 ORDER OF COURT AND NOW, this 25th day of April, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on May 21, 2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jeffrey S. Evans, Esq. Samuel L. Andes, Esq. Date of Order: April 25, 2007 R. J. S dday, onference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?, -Y7 fj `r'c C .? _ } IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - FRANKLIN COUNTY BRANCH Olga N. Juarez, Civil Action -Law Plaintiff Docket Number 00446 S 2005 PACSES Case Number 860107395 David Juarez, Jr., Defendant Support COMPLAINT FOR ALIMONY PENDENTE LITE NOW comes the Petitioner, Olga N. Juarez, by her Attorney, Jeffrey S. Evans, Esquire and in support of her cause states: 1. The Petitioner is Olga N. Juarez, a sui juris adult, who currently resides at 248 Kolpark Drive, Chambersburg, Franklin County, Pennsylvania 17201. 2. The Respondent is David Juarez, Jr., a sui juris adult, who currently resides at 19126 Longmeadow Road, Hagerstown, Maryland 21742. 3. That on June 20, 2005, Respondent filed a Complaint in Divorce in the office of the Prothonotary of Cumberland County which is docketed at No. 2005 - 3157, to which Respondent filed an Petition for Related Claims, on November 28, 2006, a copy of which is attached hereto, made part hereof and marked Exhibit "A". 4. Exhibit A included additional counts seeking an award of alimony and/or alimony pendente lite, equitable distribution and attorney's fees from the Respondent. 5. On or about November 28, 2006, Petitioner paid a $100.00 filing fee for Exhibit A with the additional counts of equitable distribution, alimony and/or alimony pendente lite and attorney's fees, costs and expenses as shown by the receipt of the Prothonotary dated November 28, 2006, a copy of which is attached hereto, made part hereof and marked Exhibit "B." 6. CU r-I 64 Petitioner desires to proceed with her claim of alimony pendente lite through the F arAdin County Domestic Relations Office. WHEREFORE, Petitioner respectfully requests this Court enter an Order scheduling a conference on the issue of alimony pendente lite ordering the parties to appear before a Domestic Relations hearing officer for the purpose of determining an appropriate award and further, following said hearing grant her alimony pendente lite in a reasonable amount per month from Respondent. Respectfully submitted, By Jeffre squire Attorney for laintiff 2025 East Main Street Waynesboro, PA 17268 (717) 762 - 1415 Pa. Atty. ID No. 55654 VERIFICATION I verify that the statements in this document are true and correct to the best of my knowledge, information and belief, and 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. Dated: Olga ikolayevna Juarez, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA David Juarez, Plaintiff Olga Nikolayevna Juarez, Defendant Civil Action - Law F.R. No. 2005 - 3157 In Divorce a v.m. PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE NOW comes the Petitioner, Olga Nikolayevna Juarez, by her Attorney, Jeffrey S. Evans, Esquire, and in support of her Petition states: 1. The Petitioner is the Defendant in the above-captioned divorce action, who currently resides at 453 Lea Drive, Chambersburg, Franklin County, Pennsylvania 17201. 2. The Respondent is the Plaintiff in the above-captioned divorce action, whose last known address was 19126 Longmeadow Road, Hagerstown, Maryland 21742. 3. Petitioner and Respondent were married on August 7, 2002 at Pleasant Hall, Franklin County, Pennsylvania. 4. On or about June 20, 2005, Respondent initiated the above-captioned divorce action by filing a Complaint seeking a divorce pursuant to Section 3301(c) or (d) of the Divorce Code. A copy of the Complaint is attached hereto, made part hereof and marked Exhibit "A". COUNT I EQUITABLE DISTRIBUTION 5. Paragraphs 1-4 are incorporated herein by reference as if set forth at length. cr% U Q S t N ? 0 n C3 -i EXHIBIT A 6. During the course of their marriage, Petitioner and Respondent have legally and beneficially acquired property both real and personal, which property is defined as marital property under the divorce code. 7. Petitioner and Respondent may have owned, prior to the marriage, property both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property would be considered marital property under the divorce code. 8. Petitioner and Respondent have been unable to agree as to an equitable division of said property as of the date of the filing of this Petition and substantial portions of said property are in the exclusive control of Respondent. 9. Petitioner respectfully requests that this Honorable Court equitably divide all marital property. COUNT II ALIMONY, PERMANENT AND/OR PENDENTE LITE 10. Paragraphs 1-9 of this Petition are incorporated herein by reference as if set forth at length. 11. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through an appropriate employment. 12. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 13. Petitioner believes and therefore avers that Respondent earns in excess of $97,000.00 per year and has substantial assets. 14. Petitioner requests that the Court enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT III ATTORNEY'S FEES, COSTS AND EXPENSES 15. Paragraphs 1-14 of this Petition are incorporated herein by reference as if set forth at length. 16. Petitioner has employed counsel to represent her in the pending divorce matter which involves complex issues of equitable distribution, alimony and alimony pendente lite. 17. Petitioner is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Petitioner may be required to employ various experts, an accountant and/or appraiser and/or actuary, etc., to review various records of Respondent and appraise various properties including but not limited to the marital residence and is unable to pay the necessary and reasonable expenses in connection therewith. 19. Petitioner requests your Honorable Court enter an award of counsel fees, costs and expenses in a reasonable sum. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her the relief requested in the above Petition. Respectfully submitted, 4 J S v , e `- Att r Defendant/Petitioner 2025 East Main Street Waynesboro, PA 17268 (717)762-1415 PA Atty. ID No. 55654 VERIFICATION I verify that the statements in this document are true and correct to the best of my knowledge, information and belief, and 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. Dated: /? i ). 0G e,7-2 Olg ikolayevna Juarez, Defendant .t DAVID JUAREZ, Plaintiff V. OLGA NIKOLAYEVNA JUAREZ, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : F.R. No. 2005 -313-7 CIVIL TERM :CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM OF RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A'list of marriage counselors is available in the Office 6f the Prothonotary at the First Floor, Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania. 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. Pennsylvania Lawyer Referral Line Lawyer Referral Services Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 1 RUE COPS` FF40 RECORD M'? Amy *nerd' ! fit"'re unto S14 N"1 =ail x l tlti 1: at rkww "00m 7 EXHIBIT A DAVID JUAREZ, Plaintiff V. !IT - A 'ATTTlr%T A TTTTTAT A TTT A TIT7 ULIJtk 1V11\ULL? 1 D V 1Vti JUtiikGL, Defendant r• : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA F.R. No. 2005 - CIVIL TERM /IT< )TT A /".T 0 ) :l.l V 11. At-111U114 - L!?W : DIVORCE COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is David Juarez, an adult individual who currently resides at 19126 Longmeadow Road, Hagerstown, Maryland 21742 since January 2005. 2. Defendant is Olga Nikolayena Juarez, an adult individual who currently resides at 339 Farmington Drive, Shippensburg, Cumberland County, Pennsylvania 17257 since July 2002. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 7, 2002 in Franklin County, Pennsylvania. 5. There has been no prior action for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) - the marriage is irretrievably broken. b. Section 3301(d) - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apari for a period of two years, Plaintiff wiii submit an tirndavit aneging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties separated on October 28, 2004. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully Submitted, Megan Malone, Esquire Law Offices of LopezNeuharth LLP P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsificationAto authorities. Date: S David Juarez File Fiefd Options Help 'Navigation MenuPACSES Help, Func: OBL E Financial Obligation Entry RYANAS 0327/07 08:45 CASE ID: 860107395 Case Type: N Case Status: O Date Entered: 0726105 ORDER ID. 00446 S 2005 Order Type: S Docket Num: 00446S2005 Payor: 3188,101505 JUAREZ, DAVID Mod/ Error: Payee: 1108109504 JUAREZ, OLGA N. Worker ID: 21004 Periodic Amt this page only: 1848.40 Ordered On Amt this page only: 100.00 Arrears Due,4mt Date Due: DE=BT Member Periodic Amt Normal Arrs T'1';P1 ..? ID IName Ordered On Amt Eff Date EndDate RetroArrs FC-CF-11 3188101505 0.00 M Fo_7_Q6_f0__5_1 0.00 07126/05 COURT COSTS '' DA)AD 0.00 0 0726105 07!26!05 0.00 CSA L1 2188101500 982.00 Fm__1 06102/05 12131130 CHILD SPT AL JULIA 50.00 FM 06102105 120100 JCF 3188101505 0.00 FM] 07226/05 07126/05 0.001 JUD COMP FEE DAVID 0.00 0712605 07126105 0.00 SSA F-1 1188101504 866.40 0602/05 1231130 3060.41 SPOUSAL SUPP OLGA 50.00 a 060225 1213130 0.001 0 ?Vr 814GKPf?E'v= NEXT ADCJ ?.?;?,rv?:E EXHIBIT B ?y N ? \_ Y? .? i `?^? a .? -' ? . ? ,,Y?L.. ? ? ?? ?_ - ? '? C? __ 4-1'7 __ GJ ? 1S7 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION OLGA N. JUAREZ ) Docket Number 05-3157 CIVIL Plaintiff ) VS. ) PACSES Case Number 676109115 DAVID JUAREZ ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 30TH DAY OF JULY, 2007 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or ® Other ALIMONY PENDENTE LITE REQUEST filed on APRIL 24, 2007 in the above captioned matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HER COMPLAINT FOR APL THROUGH THE CUMBERLAND COUNTY DOMESTIC RELATIONS SECTION. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: 5;--. A X4 A. HESS, JUDGE DRO: R. J . SHADDAY Form OE-506 Service Type M Worker ID 21005 ra c C3? =c^i G ? ?? ? ?j?_, ? ? ?? -c7 ? tF? ?? c.a . ? .? DAVID JUAREZ, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3157 CIVIL OLGA NIKOLAYEVNA JUAREZ, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of ?? 2007, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated July 27, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, fIr1 01 Q Edgar B. Bayley, P.J. cc: Xmuel L. Andes Attorney for Plaintiff ffry S. Evans Attorney for Defendan ? ? ?. x` * - _ ? l..f? ?} L. ' .ii.. ! ?? ? " ? l?? ? ?..ti, PROPERTY T ENT AGREEMENT THIS AGREEMENT, made this day of , 2007, is by and between: DAVID A AREZ of 19226 Olde Waterford in Hagerstown Maryland, hereinafter referred to as "Husband"; and OLGA NIKOLAYEVNA JLIAREZ of 453 Lea Drive in Chambersburg, Pennsylvania, hereinafter referred to as "Wife." WHEREAS, the parties hereto are Husband and Wife, having been married on 7 August 2002 and are the parents of one minor child: Julia A. Juarez, born 17 July 2003 (hereinafter referred to as "child"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 2005-3157 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Jeffrey S. Evans, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attomeys full Information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Page 1 of 9 . t NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and Intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows; 1. CHILD CUSTODY. This Agreement makes no provision for the legal or physical custody of the parties' minor daughter. The parties will cooperate with each other to resolve these matters privately and, If they cannot, either one of them shall be free to petition the court of appropriate jurisdiction to resolve these matters. Each of the parties reserves onto themselves all rights, remedies, and defenses regarding custody of their child. 2. CHID SUPPORT. Husband and Wife are parties to an action for child support pending before the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 446 S 2005 (PACSES Number 860107395) in which there Is currently an order entered obligating Husband to pay $982.00 per month as child support. The parties agree that they will, within thirty (30) days of the date of this Agreement, take the actions necessary to modify that order so that Husband pays support to Wife, for the support of the parties' minor daughter, in the amount of $1,500.00 per month. In addition to that, but outside the Domestic Relations Office, Husband agrees to pay Wife the sum of $ 75.00 per month as his contribution toward activities for the child and the sum of $1,000.00 each year, on or before 17 July, for her clothing and other personal expenses. These payments shall continue as long as he Is obligated to pay financial support for the parties' daughter through the Domestic Relations Office. 3. TAX DEBTS. Husband shall pay to Wife, within thirty (30) days of the execution of this Agreement, the sum of $3,000.00 to compensate her for her 2006 federal Income tax refund that was seized by the United States Internal Revenue Service and applied to the taxes owed by the parties for their 2004 federal Income taxes. Further, Husband shall pay all federal income taxes owed for tax years 2003 through 2005 and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay such taxes. Page 2 of 9 4. ASSETS TO BE TRANSFERRED TO WE The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually, A. A 1997 Volvo automobile currently in Wife's possession. Husband shall make, execute, acknowledge, and deliver all documents necessary to transfer the title to the vehicle to Wife within thirty (30) days of the date of this Agerement. From the date of this Agreement forward, Wife shall be responsible to insure the vehicle and to pay all expenses and liabilities arising out of her ownership or use of the vehicle and shall Indemnify and save Husband harmless from all such expenses, liabilities, and claims. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such Items to Wife's name alone and for Husband to waive any further claim to or Interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 5. ASSETS TO BE TRANSFERRED TO HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Two Volvo automobiles currently in his possession. Wife shall make, execute, acknowledge, and deliver all documents necessary to transfer the title to the vehicle to Husband within thirty (30) days of the date of this Agerement. From the date of this Agreement forward, Husband shall be responsible to insure the vehicle and to pay all expenses and liabilities arising out of his ownership or use of the vehicle and shall indemnify and save Wife harmless from all such expenses, liabilities, and claims. B. Husband's Interest in that business known as Brothers Pizza of Shippensburg, Pennsylvania. C. Husband's Interest In Brothers Pizza of Wayneboro, LLC. D. Husband Interest in David Juarez Ventures, LLC. E. Husband's Interest in a warehouse lease for property at 87 Airport Road in Shippensburg, Pennsylvania. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone Page 3 of 9 and for We to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. 6. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal properly between them and they mutually agree that each party shall, from and after the. date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be In the Individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 7. CASH PAYMENT. Husband shall pay to Wife, the sum of $12,000.00, without Interest, in eight (8) equal monthly payments of $1,500.00 each, commencing on the first day of the month following the execution and delivery of this Agreement and continuing on the first of each consecutive month thereafter until the full sum has been paid. These payments shall be treated by both parties as equitable distribution and not as alimony, for tax purposes. 8. WAIVER OF EQUITABLE DISIRIUMON. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, Including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. Page 4 of 9 9. WAIVER OF AUMONY, SUPPORT AND ALIMONY PENDE LITE. The parties acknowledge that they are aware of the income, education, Income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for In this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF ESTATE RIGHTS. Husband releases his Inchoate Intestate rights In the estate of Wife and Wife releases her Inchoate intestate rights 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 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 of law or in equity, of whatsoever 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 hereto from the obligations and promises made and Imposed by reason of this agreement and shall In no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take In Intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, Page 5 of 9 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. 12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts In the name of the other not previously disclosed or provided for In this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise Incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13. DISCLOSURE, Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such Information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and,voluntadly decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial Information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure In a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 14. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action In divorce which has been filed or will be filed shortly by one of the parties hereto, Both of the parties hereto agree that they shall, Page 6 of 9 contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, Including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 15. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action In law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorneys fees Incurred by the other party to enforce their rights hereunder. 16. EEL ASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 17. CHOICE OF LAW. This Agreement shall be Interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. Page 7 of 9 18. ARABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 19. NOWWAIVER. 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. IN WITNESS WHEREOF, the parties hereto have set their hands an4jseals the day and year first above written. Q rl-_ M f % ??P- -(I V"e DAVID 4/47'?2 I-zea'e-z- OLG IKOLAYEVNA JUAREZ Page 8 of 9 COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) On this, t eogay of , 2007, before me, the undersigned officer, personally appeared DAVID JUAREZ known to (or satisfactorily proven) to be the person whose name is subscribed to the within Instrument, and acknowledged that said person executed some for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ) (SS.: COUNTY OF CUMBERLAND On this, the >-T1'day of t), , 2007, before me, the undersigned officer, personally appeared OLGA NIKOLAYEVNA JUAREZ known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and acknowledged that said person executed some for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?'aq' v. ?At My Commi n Expires; j?30v, a;:A,@c6,j t SEAL y v. High, Not F ary PubNe ton TownshipFrarift Cmx?ty mission Expires Nov. 29, 2008 Page 9 of 9 DAVID JUAREZ, Plaintiff VS. OLGA NIKOLAYEVNA JUAREZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3157 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 20 June 2005 and served within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the nalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Zre NQJ 2o"1 Dated: DAVI t ? ?1 ry '.. --'?.. DAVID JUAREZ, Plaintiff vs. ) OLGA NIKOLAYEVNA JUAREZ, ) Defendant ) PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3157 IN DIVORCE Please enter my appearance for the Defendant in the above matter, effective June 27, 2005. I hereby accept service of the Complaint in this matter on behalf of the Defendant and acknowledge receipt of a copy of the Complaint. 27 June 2005 r `*r-,Defendant upreme Court ID # 2025 East Main Street Waynesboro, PA 17268-1874 r _ r.: r C i r" t _, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA David Juarez, : Civil Action - Law Plaintiff vs. No. F.R. 2005 - 3157 Olga Nikolayevna Juarez, Defendant : Divorce AFFIDAVIT OF CONSENT 1. Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on June 20. 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Dated: r J are,? Olga ikolayevna Juarez, Defendant itness Q ? c - am, n m ..mot „ ? L CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA David Juarez, Plaintiff vs. Olga Nikolayevna Juarez, Defendant : Civil Action - Law No. F.R. 2005 - 3157 : Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 161AAq--10 -7 ?? Q ?l vZ Olga Nikolayevna Juarez, Defendant C-n "'+ QTY n DAVID JUAREZ, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. OLGA NIKOLAYEVNA JUAREZ, Defendant CIVIL ACTION - LAW NO. 2005-3157 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about 27 June 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 26 November 2007 By Defendant: 24 October 2007 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 26 November 2007 and filed on 26 November 2007. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 24 October 2007 and filed on 26 November 2007. Date: 27 November 2007 Samuel L. Andes Attorney for Plaintiff =C. ° -r? 71 T ? ' . r. N -r? rr fir, ;tip ?-n 0"1 C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID JUAREZ, Plaintiff VERSUS OLGA NIKOLAYEVNA JUAREZ, Defendant No. 2005-3157 CIVIL TERM DECREE IN DIVORCE AND NOW, ,2007--_, IT IS ORDERED AND DECREED THAT 11A ID IIIADC7 , PLAINTIFF, AND nL rA NIKO AYEVNA UAKZ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; oo k I PROTHONOTARY 1,2 - 4. -v? - eCA4 e fo y 0, a c &4.-L7?6 #4 4y s z -G - Uz - ,uo4itic. rraL Lqcc qo 4,47 evu"s