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HomeMy WebLinkAbout02-1133IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. TAYLOR, Plaintiff VS. BRIAN J. TAYLOR, Defendant NO. C:~gL CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grotmds for the 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 Cumberland County Court House, Carlisle, Pennsylvania 17013. 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emifido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /--) [ AMY S. TAYLOR, : NO. Plaimiff : VS. : CIVIL ACTION - LAW BRIAN J. TAYLOR, : Defendant : IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Amy S. Taylor, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Amy S. Taylor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A,¥ TAYLOr, .' NO. Oa _ d;-'"t Plaintiff: VS. ~ : CIVIL ACTION - LAW B~N J. TABOR, : Defend~t : ~ D~ORCE COMPLAINT IN DIVORCE AND NOW, this ~ day of February, 2002, comes the Plaintiff, Amy S. Taylor, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Amy S. Taylor, is an adult individual who currently resides at 125 Regency Woods North, Carlisle, Cumberland County, PA 17013. 2. The Defendant, Brian J. Taylor, is an adult individual who currently resides at 905 Sheffield Avenue, Mechanicsburg, Cumberland County, PA 17055. 3. The Plaintiff and Defendant were married on or about May 14, 1994, and separated on or about January 31, 2002. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The 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. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that: (A) That the Defendant has offered such indignities to the Plaintiff, the injured and innocem spouse, as to render her condition intolerable and life burdensome, or in the alternative: (B) That the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. The allegations of Paragraphs one (1) through eight (8) are incorporated herein by reference as though set forth in full. 10. The Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 11. The Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WI-IEREFORE, Plaintiff requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the final divorce decree. COUNT III REQUEST FOR CUSTODY UNDER {}1915.15 AND §1920.32 OF THE DIVORCE CODE 12. The allegations of Paragraphs one (1) through eight (1 I) are incorporated herein by reference as though set forth in full. 13. The Plaintiff is Amy S. Taylor, residing at 125 Regency Woods North, Carlisle, Cumberland County, PA 17013. 14. The Defendant is Brian J. Taylor, residing at 905 Sheffield Avenue, Mechanicsburg, Cumberland County, PA 17055. 15. The Plaintiff seeks custody of the following children: (1) Victoria E. Taylor, 125 Regency Woods North, Carlisle, Cumberland County, PA 17013, date of birth: February 9, 1995; (2) Devon E. Taylor, 125 Regency Woods North, Carlisle, Cumberland County, PA 17013, date of birth: May 29, 1997; (3) Matthew A. Taylor, 125 Regency Woods North, Carlisle, Cumberland County, PA 17013, date of birth: December 8, 1999; 16. The children were not bom out of wedlock. 17. The children are presemly in the custody of Amy S. Taylor, who resides at 125 Regency Woods North, Carlisle, Cumberland County, PA 17013. 18. During the past five years, the children have resided with the following persons and at the following addresses: (a) Amy S. Taylor and Brian J. Taylor at 905 Sheffield Avenue, Mechanicsburg, Cumberland County, PA 17055, from birth until January 31, 2002; (b) Amy S. Taylor, 125 Regency Woods North, Carlisle, Cumberland County, PA 17013, from January 31, 2002 until the present. 19. The mother of the children is Amy S. Taylor, currently residing at 125 Regency Woods North, Carlisle, PA 17013. 20. The father of the children is Brian J. Taylor, currently residing at 905 Sheffield Avenue, Mechanicsburg, PA 17055. 21. The relationship of Plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: (a) Victoria E. Taylor--daughter (b) Devon E. Taylor--son (c) Matthew A. Taylor--son 22. The relationship of the Defendant is that of father. The Defendant currently resides alone. 23. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. 24. Plaintiff has no other information of a custody proceeding concerning the children pending in a court of this Commonwealth. 25. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 26. The best interest and permanent welfare of the children will be served by granting the relief requested. 27. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been names as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to the mother. Respectfully submitted, 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, AMY S. TAYLOR, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: Amy S. Taylor SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this 21.st day of March, 2003, by and between AMY S. TAYLOR, of Carlisle, Cumberland Cotuaty, Pennsylvania, party of the first part, hereinafter referred to as "Wife," and BRIAN J. TAYLOR, of Mechanicsburg, Cumberland County, Pennsylvania, party of the second part,, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on or about May 14, 1994; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these p~resents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at 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 said party prior to and including the date hereof; except that his 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 2 shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets and debts during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: (a) Real property, consisting of land and a house, located at 905 Sheffield Avenue, Mechanicsburg, Pennsylvania, titled in the names of both parties. Said real property was encumbered by a mortgage held by Washington Mutual Mortgage Company, backed by the Veterans Administration, in the amount of approximately $146,800. This amount exceeded the market value of said property by approximately $12,000. (b) Household goods, contents, furniture and furnishings located in the marital residence described in paragraph 4(a), above; (c) A 1999 Ford Fl50 track, currently titled to Husband, encumbered by a loan from Members First Federal Credit Union; (d) A 1998 Chevrolet Astro Van, titled in the names of Wife, and encumbered by a loan from Members First Federal Credit Union for approximately $10,780; (e) Additional debts of approximately $10,0013. incurred during the marriage; and 3 o (f) Personal effects and possessions; DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and distributed between them as follows: (a) The real property located at 905 Sheffield Avenue, Mechanicsburg, Pennsylvania, was sold on July 17, 2002, by mutual agreement of the parties, for an amount of $134,168.00. As the result, no proceeds were realized, and the parties continue to have a financial obligation to the Veterans Administration for a total of approximately $12,632.00. The parties covenant and agree that each party shall take responsibility for payment of fifty percent (50%) of the obligation to the Veterans Administration resulting from the mortga.ge loan and sale of said real property. (b) The parties have divided the househol'.d goods, contents, furniture and furnishings of the marital residence in: a manner as mutually agreed upon. Each party relinquishes and disclaims any and all ownership, right, title and interest in and to the household goods, contents, furniture and furnishings presently in possession of the other party; (c) Wife relinquishes and disclaims any and all ownership, right, title and interest in and to Husband's 1999 Ford[ F150 truck, and Wife 4 agrees that Husband shall be and remain the sole and separate owner of SfllTleo (d) The parties agree that title to the 1998 Chevrolet Astro Van shall be transferred into Wife's name and that Wife shall become and remain the sole owner of same. Wife shall become and remain solely responsible for payment of the approximately $10,780 owned on the loan for said vehicle. (e) Marital debts, other than for the real property and for the 1999 Ford Fl50 track and 1998 Astro Van, have been divided to the total satisfaction of each of the parties. Husband shall take responsibility for payment of all money owed for the Lowe's Credit Account, the Sear's Credit Account, and the Just Cabinet's Credit Account. Wife shall take responsibility for payment of all money owed for the Member's 1 st FCU Credit Account, the GE Card Credit Account, the Capital One Credit Account, and the Members First Federal Credit Union bill consolidation loan. (f) Husband and Wife covenant and agree that each party shall retain his or her personal effects and possessions;, as described in paragraph 4(0, above. Husband and Wife each relinquish and disclaim any and all ownership, right, title and interest in the said assets of other party, and agrees that the other party shall be and. remain the sole and separate owner of same; o (g) Husband and Wife both agree that they shall waive any claim to the assets of the other party existing at the date of the marriage, and to waive any claim to the increase in value of said assets. Each party relinquishes and disclaims any and all ownership, right, title and interest in the said assets of the other party, and agrees that the other party shall be and remain the sole and separate owner of same. EQUITABLE PROPERTY. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each l?arty. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. ALIMONY. Wife relinquishes and disclaims any and all claims to spousal support and alimony from the Husband now and in the future. Husband relinquishes and disclaims any and all claims to spousal support and alimony from the Wife now and in the future. CHILD SUPPORT & CUSTODY. The parties hm/e three children from the marriage: Victoria, age 7; Devon, age 5, and Matthew, age 2 1/2. The parties covenant and agree that Wife shall have primary custody of all of the children. Husband shall pay $300.00 per month directly to Wifi,- until such time as the youngest child either reaches the age of 18 or graduates from high school, whichever occurs later. Said payments shall be paid directly into the bank account of Wife. Husband shall have partial custody (visitation) of the children every 6 Saturday as his schedule permits. He shall also have partial custody (visitation) at other times as mutually agreed upon. Visitation will not be unreasonably withheld. 9. INCOME TAX RETURN. In the event that any federal income tax is owed for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall pay fifty percent (50%) of the amount owed. In the event that any federal income tax refund is due for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall be entitled to an amount equal to fifty percent (50%) of the total refund due. 10. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations, of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 11. FUTURE OWNERSI-IIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or fights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as thou~ he or she were unmarried. 7 12. MUTUAL RELEASES. The parties acknowledge: that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 13. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into a decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be, regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to forever binding and conclusive upon the parties. 14. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, fi.om and after the date hereof, and each of the parties hereto hereby covenants and agrees to indermfify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 15. OTItER DOCUMENTS. Each of the parties hereto shall, fi.om time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments wlhich may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 16. BREACH OF AGREEMENT. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including but not limited to, court costs and 9 counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages fc)r such breach or to seek such other and additional remedies as may be available to him or her. 17. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Wife will pursue an action in divorce pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the b.asis of mutual consent. 18. SEVERABILITY. 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, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 19. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and 10 counsel of an attorney with respect to the same. Wife has engaged the services of G. Patrick O'Connor, Esquire. Husband has had arnple opportunity to consult with legal counsel of his choice. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, ~md that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 20. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and ail prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 21. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seais the day and year first above written. WI~/~ETH: y - S. Taylor Brian J. Taylor (SEAL) (SEAL) 11 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the ~ o~ / $'~-~day of .)~ ~ ,2001, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared AMY S. TAYLOR, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL WILLIAM L. GRUBB, Noiaq Pui3tic Lower Nien Twp., Cumbata~ County My ~ Exp~ Aug, ~3, 2oo5 Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the t day of~l/l~rm~:r~Z ,21002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared BRIAN J. TAYLOR, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged ti:tat he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. TAYLOR, Plaintiff VS. NO. 02-1133 Civil Term BRIAN J. TAYLOR, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV. E 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 905 Sheffield Avenue, Mechanicsburg, PA 17055. The return receipt signed by the; Defendant is evidence of delivery to him and is attached as Exhibit "A". /G. Patrick O'Connor, Esquire I.D. No. 64720 3105 Olcl Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney' for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if sPace permits. 1. Article Addressed to: /"7~ ~' k. Received by ~se B.D~e C. Signature [] Age~ x ~r.~ r~ is delivery addrees different flom item 17 [] Yes · if YES, enter delive~ address below: [] No for Merch ~a~le [] ;.O.D. ~ Restricted Deliver? (Extra Fee) 2. Article Number (Copy from service label) T~r"C~O I,..~ .... . .-~,~,~ D mestic Return PS Form 3811, Jury ~ u~ _o EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA AMY S. TAYLOR, Plaintiff VS. BRIAN J. TAYLOR, Defendant NO. 02~1133 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to thc entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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 gnmtcd. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: Amy S/. Taylor, f l~i~tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. TAYLOR, Plaintiff VS. BRIAN J. TAYLOR, Defendant NO. 02-1133 Civil Term CIVIL ACTION - LAW IN 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 ifI do not claim them before a diw>rce 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 the foregoing 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 unswom falsification to authorities. DATE: Amy S. ~aylor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUlVIBERLAND COUNTY, PENNSYLVANIA AMY S. TAYLOR, · NO. 02-1133 Civil Term Plaintiff VS. BRIAN J. TAYLOR, Defendant · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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· 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree 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: Brian J.~ylor, Drefen~lant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY S. TAYLOR, : Plaintiff : VS. .. BRIAN J. TAYLOR, : Defendant : NO. 02-1133 Civil Term CIVIL ACTION - LAW IN 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 ifI 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 the foregoing 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 unswom falsification to authorities. Brian J. '~ayIor,~Sefendant AMY S. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUlVlBERLAND COUNTY, PENNSYLVANIA : NO. 02-1133 Civil Term VS. : CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE TO TRANSMIT THE I;~CORD Grounds for divorce: ,/ Section 3301(e) of the Divorce Code Section 3301(d) of the Divorce Code (a) Date complaint filed: March 6, 2002 (b) Date of service of the complaint: March 14, 2002 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: ,/ Certified mail, restricted delivery to and return receipt signed by defendant __First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: __Personal service by Sheriff and/or Deputy Sheriff __Personal service by competent adult other than Sheriff (Affidavit attached) __Acceptance of service (Copy attached) __By publication pursuant to Order of Court (Copy of Order attached) (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff 3/21/03 defendant: 3/21/03 BRIAN J. TAYLOR, Defendant o Date of filing: plaintiff.' contemporaneously herewith. defendant: contemporaneously herewith. (b) Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: Related claims pending: 4. Related claims pending: None. All economic claims have been settled. 5. (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff.' contemporaneously herewith By defendant: contemporaneously herewith VERIFICATION I verify that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: ._~/2~ /~~~~~ ~,/Attomey for Plaintiff IN THE AMY S. TAYLOR Plaintiff COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ¢~~ PENNA. VERSUS BRIAN J. TAYLOR Defendant N o. 02-1133 PLEAS CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT AND AMY S. TAYLOR BRIAN J. TAYLOR ArE DIVORCED FROM THE BONDS OF MATRIMONY. ,~~;~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION Ol~ THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Non · t mnt~rc~d parties on March 21, 2003, shall be incorporated ~~/me~lm~nto ATTEST: J. PROTHONOTARY ~ntohy this Decree.