HomeMy WebLinkAbout06-2449
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FRIEDMAN & KING, P.C.
John F. King, Esquire
ID #61919
600 N. Second Street
Penthouse Suite
p, 0, Box 984
Harrisburg, PA 17108
Tel.: (717) 236-8000/Fax: (717) 236-8080
Attorney for Plaintiff
LEON POWELL,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 ~ - 2.'/(J'j C!. iu 'L T &V'YL
COMPLAINT IN DIVORCE
LISA A. TAYLOR,
Defendant
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 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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle
PA,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, 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
32 SOUTH BEDFORD STREET
CARLISLE, P A 17013
1-800-990-9108
717-249-3166
Respectfully submitted,
FRIEDMAN ~ KING, P. C.
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John F, King, Eire
600 N. Seconcf St. ,
'P. O. Box 984\..
Harrisburg, PA 17108
(717) 236-8000
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. Of..., - ,),449 C/utL '--rE/z.-h !
COMPLAINT IN DIVORCE
LEON POWELL,
Plaintiff
LISA A. TAYLOR,
Defendant
COMPLAINT UNDER SECTION 3301(c) AND SECTION 330Hd)
OF THE DIVORCE CODE
1. Plaintiff is Leon Powell, who currently resides at 1409 Eldindean Terrace,
Mechanicsburg, Cumberland County, Pennsylvania 17050,
2, Defendant is Lisa A. Taylor, who currently resides at 1409 Eldindean
Terrace, Mechanicsburg, Cumberland County, Pennsylvania 17050,
3. The parties have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October 2, 1999, in Lancaster,
Pennsylvania,
5. Plaintiff avers that there is a child of the parties under the age of eighteen
(18), namely: Natalie Powell (date of birth, 1/15/02).
6. There have been no prior actions of divorce or for annulment between the
parties.
7. Plaintiff has been advised that counseling is available and the Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
8. The marriage is irretrievably broken.
9. Neither Plaintiff nor Defendant is in the military service of the United
States.
10. The parties separated on October 13,2004.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
..
COUNT I
REQUEST FOR EQUITABLE DIVISION OF MARITAL PROPERTY
PURSUANT TO 23 Pa.C.S.A. ~ 3502(a)
II. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
12. The Plaintiff and Defendant have legally and beneficially acquired property,
both real and personal, during their marriage,
13. The Plaintiff and Defendant have been unable to agree as to equitable
distribution of the said property to the date of the filing of this Complaint.
WHEREFORE, the Plaintiff, Leon Powell, requests this Court to equitably
divide all marital property,
COUNT II
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER
~~ 3104(A)(1) AND (3) AND 3323(8) OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
15. The public policy of the Commonwealth of Pennsylvania encourages parties
to a marital dispute to negotiate a settlement of their differences.
16, While no settlement has been reached as of the date of the filing of this
Complaint, the Plaintiff is and has always been willing to negotiate a fair and reasonable
settlement of all matters with Defendant,
17. To the extent that a written settlement agreement might be entered into
between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such
written agreement be approved by the Court and incorporated in any Divorce Decree which
may be entered dissolving the marriage between the parties.
.
WHEREFORE, if a written settlement agreement is reached between the parties
prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to
~~ 3104(a)(1) and (3) and 3323(b) of the Divorce Code, the Court approve and incorporate
such agreement in the final Divorce Decree.
Respectfully submitted,
FRIEDMAN & KING, p,c. .
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Jolm F. King, Esquire '
.900 N. Second Street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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VERIFICA nON
I, Leon Powell, hereby acknowledge that I am the Plaintiff in the foregoing
action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are
true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa, C.S. Section 4904, relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 06-2449 CIVIL TERM
LISA TAYLOR,
Defendant
CIVIL ACTION - IN DIVORCE
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This Agreement, made and entered into this (} j) day of A { )G U f} t: 20$, b~ee~
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Leon Powell, residing at 4173 Grouse Court, Apartment 112, Mechanicsburg, Cumberland
MARITAL SETTLEMENT AGREEMENT
County, Pennsylvania 17050, (hereinafter referred to as "Husband,", and collectively with
"Wife" as "the parties") and Lisa Taylor, residing at 1409 Eldindean Terrace,
Mechanicsburg, Cumberland County, Pennsylvania 17050, (hereinafter referred to as "Wife",
and collectively with "Husband" as "the parties").
WITNESSETH:
WHEREAS, the parties were married on October 2, 1999, and remain married; and
WHEREAS, presently irreconcilable differences having arisen between the parties,
as a result of which they been living separate and apart since January 1,2006 and intend to
continue living separate and apart; and
WHEREAS, in light of the parties' separation, they hereby desire to enter into an
agreement to define their respective financial and property rights, together with all other
rights, remedies, privileges and obligations which have arisen out of their marriage. The
Page 1 of 10
parties agree that their future relations shall be governed and fully prescribed by the terms
of this Agreement (hereinafter referred to as "the Agreement"); and
WHEREAS, the parties have disclosed to the other's satisfaction the nature and value
of all of their presently constituted assets, liabilities and income; and
WHEREAS, Husband having been represented by the law firm of Friedman & King,
P.C. with offices located in Harrisburg, Pennsylvania, and Wife having been represented by
the law firm of Tanner Law Offices, LLC with offices located in Lemoyne, Pennsylvania;
and
NOW THEREFORE, in consideration of the mutual promIses, covenants,
agreements and terms herein contained, the parties hereto intending to be legally bound
hereby do mutually agree as follows:
ARTICLE I
SPOUSAL SUPPORT AND MAINTENANCE
1. Alimony. Husband and Wife release and discharge the other absolutely and forever
for the rest fo their lives for all claims and demands, past, present or future for
alimony, alimony pendente lite or for any provisions for support and/or maintenance.
Page 2 of 10
2. Insurance. Neither party shall have any obligation to provide or maintain any form
of insurance for the other's benefit; such insurance to include, without limitation,
health, life, automobile, disability, homeowner's, and so forth.
ARTICLE II
EQUITABLE DISTRIBUTION
3. Except as otherwise provided herein, the parties have divided between them, to their
mutual satisfaction, the personal effects, household furniture and furnishings, and all
other articles of personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items which are now in
the possession or under the control of the other.
By these presents, each of the parties hereby specifically waives, releases,
renounces and forever abandons whatever claims he or she may have with respect to
any personal property which is in the possession ofthe other, and which shall become
the sole and separate property of the other from the date of execution hereof.
4. Marital Home. The parties acknowledge that during the marriage, they were vested
with title, as tenants by the entirety, to premises located at 1409 Eldindean Terrace,
Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter refereed to as
the "marital residence"). Husband and Wife agree that the marital residence has
accrued significant value through increases in market value, improvements on and
Page 3 of 10
within the premises and so forth. Said value has resulted in significant equity in the
marital residences. Husband and Wife agree that the marital residence shall be sold
to the most qualified buyer so as to maximize the benefit to both parties. The
proceeds from the sale of the marital residence, after payment of all outstanding
mortgages, liens, and closing costs shall be split between the parties such that Wife
shall receive sixty percent (60%) of the proceeds and husband shall receive forty
percent (40%) of the proceeds. The parties shall execute a listing agreement with a
local full-time realtor no later than six (6) months from the date of execution of the
within agreement.
4. Automobiles. The parties agree that each shall retain ownership of the automobile
presently in their possession. Husband agrees to convey all of his right, title and
interest in and to the 1998 Hond Civic to Wife by tendering and fully executing any
and all documents necessary to accomplish this conveyance. Wife agrees to convey
all of her right, title and interest in and to the 1991 Honda Del Sol and the Ford Aspire
to Husband by tendering and fully executing any and all documents necessary to
accomplish this conveyance. The parties understand and acknowledge that each shall
continue to be responsible for any and all obligations with respect to their respective
automobiles including, without limitation, costs of maintenance and repairs, license,
registration, insurance and any miscellaneous charges in connection therewith.
Page 4 of 10
5. Bank and Financial Accounts. The parties each hereby waive, release and
relinquish any and all right, title and interest either may have in and to the other's
separately titled bank and financial accounts; including, without limitation, checking,
savings, certificates of deposit, money markets and financial investment accounts of
whatever kind and nature, and neither shall make any claim against the other's
property now or in the future.
6. Retirement plans, 401(k)s, lRAs and Deferred Savings Plans. Husband hereby
waives, releases and relinquishes any and all right, title and interest to Wife's 40 I (k)
account, or any other such retirement benefit oflike kind and character. Wife hereby
waives, releases and relinquishes any and all right, title and interest to Husband's
retirement accounts and any other benefit of like kind and character.
7. Stocks and Bonds. The parties agree to mutually waive, release and relinquish any
and all right, title and interest either may have to any stocks, stock plans and bonds
presently in either party's name. The parties agree to retain possession and ownership
of such property as same is presently titled.
8. Assets Not Specifically Mentioned Herein. To the extent any asset(s) acquired
during the parties' marriage is not specifically mentioned or distributed herein, the
parties agree to divide and distribute same at a future date.
Page 5 of 10
9. Assets Acquired Subsequent to the Execution of this Agreement. The parties
agree that any asset of whatever kind and nature acquired by any possible means and
titled in their individual name or in the name of another shall forever hereafter remain
their separate property and shall not be subject to distribution, equitable or otherwise,
in any possible future proceeding concerning the status of the parties' marriage.
ARTICLE III
MARITAL DEBT
12. Credit Accounts. To the extent that either party may presently have in their
possession credit cards or credit/financial account access cards, which credit was
obtained in the name ofthe other, each agrees to immediately refrain from using such
cards at any time now or in the future, and to this end each further agrees to surrender
same to the appropriate titled party forthwith.
ARTICLE IV
TAXES
13. Tax Returns. The parties agree to file income tax returns for the year 2006 based
upon the most beneficial tax consequences to both of them. Any refunds which may
be received in the future by either party and any liabilities, including underpayment
oftax, penalties, interest, etc., incurred in connection with any joint income tax return
Page 6 of 10
previously filed or to be filed by the parties shall be shared and/or borne equally by
the parties.
ARTICLE V
INDEPENDENT LEGAL REPRESENTATION
14. Independent Legal Representation. The parties acknowledge that each has had the
opportunity to be represented by independent counsel with respect to the negotiation,
drafting and execution ofthis Agreement. Wife has been represented by Tanner Law
Offices, LLC, with offices in Lemoyne, Pennsylvania and Husband has been
represented by Friedman & King, P.C., with offices located in Harrisburg,
Pennsylvania. The parties represent and acknowledge that each understands all of the
legal and practical effects ofthis Agreement, and with this understanding, each signs
voluntarily, of their own free will, and without any undue influence, fraud, coercion
or duress of any kind whatsoever exercised upon either of them by any person.
ARTICLE VI
MISCELLANEOUS PROVISIONS
15. No molestation and Interference. The parties agree that neither will molest, malign,
disturb, or interfere with the other or the other's relatives in any manner whatsoever
during the period of their separation. Each shall be free from interference, direct or
Page 7 of 10
indirect, by the other, and be entitled to live their life as if single and unmarried to the
other.
16. No Bar to Divorce. Nothing in this Agreement shall be construed as a
relinquishment by either party of their right to prosecute or defend any suit to dissolve
the instant marriage in any court of proper jurisdiction. It is further specifically
understood and agreed that the provisions of this Agreement relating to equitable
distribution of the parties' property are accepted by each party as a final settlement for
all purposes whatsoever. Should either of the parties obtain a decree, judgement or
order of separation or dissolution of marriage in any other state, county or jurisdiction,
each ofthe parties to this Agreement hereby consents and agrees that this Agreement
and all of its covenants shall not be affected in any way by any such separation or
dissolution of marriage and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term ofthis Agreement,
whether or not either or both of the parties should remarry, it being understood by and
between the parties that his Agreement shall remain in full force and effect.
17. Entire Understanding. The parties acknowledge and agree that this Agreement
contains the entire understanding of the parties and supersedes any prior agreement
between them. There are no other representations, warranties, promises, covenants
or understandings between the parties other than those expressly set forth herein.
Page 8 of 10
18. Modification of this Agreement. The modification or waiver of any of the
provisions of this Agreement shall be effective only ifmade in writing and executed
with the same formality as this Agreement.
19. Breach. 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 terms hereof,
including, but not limited to, court costs and reasonable counsel fees of the other
party. In the event of a breach, the other party shall have the right, at his or her
election, to sue for damages for such breach or to seek such other and additional
remedies as may be available to him or her.
20. Applicable Law and Execution. The parties hereto agree that this Agreement shall
be construed under the laws ofthe Commonwealth of Pennsylvania and shall bind the
parties hereto and their respective heirs, executors and assigns.
21. Review of Agreement. The parties acknowledge that each has read and reviewed
this Agreement in its entirety and has had the opportunity to obtain advice of separate
legal counsel, prior to signing.
Page 9 of 10
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IN WITNESS WHEREOF, and intending to be legally bound, the parties have set
their hands and seals the day and year written below their respective names.
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Signature of Witness
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Printed Name of Witness
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Printed Name of Witness
Page 10 of 10
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LEON POWELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-2449 Civil Term
LISA A. TAYLOR,
Defendant
COMPLAINT IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEAL TH OF PENNSYL VANIA
: SS:
COUNTY
OF DAUPillN
Personally appeared before me, a Notary Public, in and for said Commonwealth
and County, John F. King, Esquire, Attorney for the Plaintiff, who, being duly sworn
according to law, deposes and says that a Certified copy of the Complaint in Divorce in the
above-captioned matter was served upon Defendant, Lisa A. Taylor, by Certified Mail,
Restricted Delivery, as evidenced by the attached Certifi . d.
Sworn and subscribed to
before m>J'jil { .5 {-
day of _, 2006.
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LEON POWELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 06-2449 Civil Term
LISA A. TAYLOR,
Defendant
COMPLAINT IN DIVORCE
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. Complete items 1, 2. and 3. Also complete
Item 4 If Restricted Delivery is desired.
. Prtnt your name and address on the reverse
SC'-that we can return the card to you.
. Attach this card to the back of the mailplece.
or on the front If space permits.
1. AI1IcIe Addressed to:
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B. Recetved bY.!e.rlntetj N
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D. Is delivery address different from Item 17
If YES, enter delivery address below:
!vB. Lisa A. Taylor
1409 Eldindean Terrace
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2. Article Number DM
(ThInsfer from ...1Itbef
PS Form 3811, February 2004
17050
3. ServIce 'JYpe
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Delivery? (Extra Fee)
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0750 0002 8071 9275
DomeItIc IWum Receipt
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2449 Civil Term
LEON POWELL,
Plaintiff
LISA A. TAYLOR,
Defendant
COMPLAINT IN DIVORCE
AFFIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on May 2, 2006.
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.
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. 9 4904 relating to
unsworn falsification to authorities.
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LEON POWELL,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-2449 Civil Term
LISA A. TAYLOR,
Defendant
COMPLAINT IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER 3301(C) AND 3301(D) 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 .
4. 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.
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LEON POWELL,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2449 Civil Term
LISA A. TAYLOR,
Defendant
COMPLAINT IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on May 2, 2006.
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.
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. S 4904 relating to
unsworn falsification to authorities.
DATED: '\- \ I("' - 04
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LEON POWELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-2449 Civil Term
LISA A. TAYLOR,
Defendant
COMPLAINT IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER 3301(C) AND 3301(D) 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 .
4. 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. S 4904
relating to unsworn falsification to authorities.
Date:
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LEON POWELL,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 06-2449 Civil Term
LISA A. TAYLOR,
Defendant
COMPLAINT IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: certified mail, restricted delivery, on
May 8, 2006.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff 9/1/06; by Defendant 9/15/06.
4. Related claims pending: There are no related claims pending.
S. (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 Plaintiffs Waiver of Notice was filed with the Prothonotary: 9/22/06
Date Defendant's Waiver of Notice was filed .
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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VERSUS
LISA A. TAYLOR
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AND NOW,
PENNA.
No.
06-2449 Civil Term
DECREE IN
DIVORCE
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, 2..60b, IT IS ORDERED AND
Leon Powell
, PLAI NTI FF,
DECREED THAT
Lisa A. Taylor
, DEFENDANT,
AND
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;
None.
The attached Marital Settlement Agreement is incorporated
into, but not merged with, this Decree.
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PROTHONOTARY
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