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HomeMy WebLinkAbout05-4752TANIA M. EVANS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE JAMES V. EVANS, Defendant NO. Ctutt7£n-yy-t- NOTICE 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17033 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 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, PA 17013 (717)249-3166 M TANIA M. EVANS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JAMES V. EVANS, Defendant NO. l._. t v r COMPLAINT IN DIVORCE 1. Plaintiff is Tania M. Evans who currently resides at 4 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is James V. Evans, who currently resides at 7073 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 22, 2004, in Mechanicsburg, Cumberland County, Pennsylvania. The parties have been living separate and apart since October 1, 2004. 5. No children were born of the marriage. 6. Plaintiff is not currently in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and it amendments. Defendant is currently a Sergeant in the Pennsylvania Army National Guard. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. Respectfully submitted, Date: r Melissa L. Van EcIE, Esquire Attorney ID No. 85869 7810 Allentown Blvd. Suite B P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff VERIFICATION I, Tania M. Evans, verify that the statements made in the foregoing COMPLAINT in DIVORCE 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. §4904, relating to unsworn falsification to authorities. Date: a M. Ev ns l q? O' V r ? , r CG? TANIA M. EVANS, Plaintiff v. JAMES V. EVANS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTIONq? LAW : NO. 2005 - 45= CIVIL TERM : IN CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 13, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. 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. yy11+???f' ?, 2006 - z- ---- JA ES . EVANS i^ r' ? t TANIA M. EVANS, Plaintiff v. JAMES V. EVANS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - 4572 CIVIL TERM v'75 z. : IN CUSTODY 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. 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. 3, 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. hG, 2006 --- J7ES .EVANS 11/ ,? ,,. _. MARRIAGE SETTLEMENT AGREEMENT r - X31 ht?W ° 67j4 THIS AGREEMENT made this day of Getebe , by and between JAMES V. EVANS, hereinafter referred to as "HUSBAND") and TANIA M. LAKEY (hereinafter referred to as "WIFE"). n ^? C-- o WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married=b Ma 6, -" 2004; and - =? -- yC? WHEREAS, diverse, unhappy differences, disputes and difficulties have arts en pptwe?n the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts. C. The parties agree that they have no joint debts. g. The parties agree that they have divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT AND ALIMONY._ Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that upon the expiration of ninety days from the date of service of the divorce complaint, the parties will execute and file the consents and waivers necessary to obtain the divorce. 13. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL L INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 15. VOLRy EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. WIFE's legal counsel is Melissa Van Eck, Esquire and HUSBAND's legal counsel is Harold S. Irwin, III, Esquire. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPL- ICABLE LAW: This agreement shall be construed under the laws of the commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF CLAIMS AG_ A'NST THE ES_ TATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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. 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. EAL) _AL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED PFr:nRE ME, a notary public for Cumberland County, Pennsylvania, this 2 da Y61 M~, Z Of JAMES V. EVANS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEF RE ME a nota public for Cumberland County, Pennsylvania, this t (/""da of?-XlQCtt' y ? TANIA M. LAKEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAb?fDauphin j L. Kimberly A. Thebes, Notaublic Lower Paxton Twp., county Notary Public My commission Expires Jan. 19, 2008 TANIA M. EVANS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JAMES V. EVANS, DIVORCE Defendant. : NO.: 2005=4572 41 799 _ AFFIDAVIT OF SERVICE I do hereby state that I served a true and correct copy of the Complaint in Divorce, in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, in Harrisburg, Pennsylvania, and delivered on September 19, 2005, as per the attached return receipt card, addressed to: James V. Evans 7073 Carlisle Pike Carlisle, PA 17013 Ilb Date: AVU Respectfully submitted, Meelissa li ? . ` Van Eck, Esquire Attorney ID No. 85869 7810 Allentown Blvd, Suite B Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff EXHIBIT "A" N O Q' rq C3 C3 N U C E 0 0 Ln a m R1 0 0 M1 IN N 7 W d N N _U Z v N ? n E Q E Q Z y m ? c t a p TANIA M. EVANS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JAMES V. EVANS, Defendant NO. 05-47x2 4/7 a AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 13, 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: VI& ania M. Evans Plaintiff TANIA M. EVANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. CIVIL ACTION - LAW DIVORCE JAMES V. EVANS, Defendant NO. 05 -4752 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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. that statements I verify that the false statements herein are made subject to the penalties of 18 Pa.C.S.§ I 4904erelat ng to unsworn falsification to authorities. / :E Date:/(e /D n nia ans Plaintiff TANIA M. EVANS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JAMES V. EVANS, DIVORCE Defendant. : NO.: 2005-432 y ;?$ PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate decree: Code. Ground for divorce: irretrievable breakdown under Section (3301(c) of the Divorce . 2. Date and manner of service of the complaint: Served via certified mail on September 19, 2005. Affidavit of Service filed on March 14, 2006. 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 on February 6, 2006; by defendant March 8, 2006. (b)(1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None. w 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: b. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: Executed on February 6, 2006; filed on March 14, 2006. Date Defendant's Waiver of Notice was filed with the Prothonotary: Executed on March 8, 2006; filed on March 9, 2006. Respectfillly submitted, Date: - I W Melissa L. Van Eck, Esquire A Attorney 1D No.: 85869 7810 Allentown Blvd, Suite B Harrisburg, PA 17112 (717) 540-5406 CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Tania Evans, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Transmit was served upon James V. Evans, by depositing same in the United States mail, first class, on March % 2006 addressed as follows: James V. Evans c/o Harold S. Irwin, III, esquire Irwin Law Office 64 South Street Carlisle, PA 17013 Date: ? - I If - D Telephone: 717-540-5406 Fax: 717-540-5407 Attorney for Plaintiff Melissa L. Van Eck, Esquire 7810 Allentown Blvd, Suite B Harrisburg, PA 17112 ?'? r_.? (" O ?., ?7 _ .? __ :a _,,T ,;- ?? _,_ *. ,. Y_ ?, c.;; <. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TANIA M- EVANS- Plaintiff No. 70055_ 4757 VERSUS JAMES V. EVANS fendant DECREE IN DIVORCE AND NOW, MNWX IT IS ORDERED AND DECREED THAT TANTA M_ EVANC PLAINTIFF, AND ,TAMES V- EVANS 'DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOF"IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; V v< None- The parties entered into a Marital Settlement Aareement herei BY THE ATTEST: J. PROTHONOTARY :£ <? 'Poll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff r' Vs File No. ?- IN DIVORCE >>c s V 1 . Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated t? hereby elects to resume the prior surname of , and gives this written notice avowing his / her intention pars provisi of 54 P.S. 704. Date: o(? Signature Si a of name being resumed ? tl --I o COMMONWEALTH OF ) COUNTY OF On the 17 day of 200-9-,, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. P RYAN OWEN Notary Public *' t*: Notary Public, State of Ohio My Commission Expires 02 24-2013 IF-I 2 -" t- - +T i? C1? t _. ,A P-4 C= co 0", i? W Ap T^ i? Y