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HomeMy WebLinkAbout06-3912 DEVANNA WEAVER Plaintiff rN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS JAYSON WEAVER Defendant CrvIL ACTION - DIVORCE NO. 61.. - .)9/~ (2~u~L<-Y-~~ COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Devanna Weaver, by her attorney, Gail Guida Souders, Esquire, and pursuant to Section 3301 (c) of the Pennsylvania Divorce Code, seeks to obtain a Decree in Divorce from the Defendant, Jayson Weaver , upon the grounds set forth: 1. The Plaintiff, Devanna Weaver, is an adult individual residing at 1160 Windsor Road, Mechanicsbu~g, PA 17050. 2. The Defendant, Jayson Weaver, is an adult individual residing at lA Belle Vista Drive, Marysville, PA 17053. 3. Plaintiff and ~efendant have been bona fide residents Commonwealth of Pennsylvania for at least six (6) immediately previous to the filing of this Complaint. of the months 4. Parties separated in June 6, 2006. 5. The Plaintiff and Defendant were married on June 24, 2000 in Camp Hill, Pennsylvania. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff _y have the right to request that the Court require the parties to participate in counseling and does not request the same. 7. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 8. The Plaintiff and Defendant are both citizens of the United States of America. 9. The Defendant is not a member of the United States Armed Forces. 10. The Plaintiff and Defendant have the following minor children Jordan Weaver, age 5 and Dominic Weaver, age 3. 11. The cause of action and Section of Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. S 3301 (c). 12. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 13 inclusive are hereby incorporated be reference 14. Plaintiff and Defendant have acquired property, both real and personal during their marriage from June 24, 2004 to November 8, 1996, the date of their separation. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property, COUNT III REQUEST FOR COUNSEL FEES, SUPPORT, ALIMONY PENDENTE LITE AND PERMANENT ALIMONY 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. Plaintiff has employed Gail Guida Souders, Esquire, to represent her in this matrimonial cause. 18. Plaintiff is unable to pay her living expenses, child care and counsel fees, cost and expenses and Defendant is more than able to pay th_. 19. Defendant is employed and has living expenses, child care expenses. the ability to pay Plaintiff's and counsel fees, cost and 20. Reserving the right to apply to the Court for t_porary counsel fees, cost and expenses prior to final hearing. Plaintiff request that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. 21. Plaintiff is in need of Spousal Support and Child Support. 22. Plaintiff is eligible and in need of Alilmony Pendente Lite. 23. Plaintiff is in need of Permanent Al~ony. 24. Defendant is _ployed and able and has a legal obligation to pay Plaintiff's Spousal Support, Al~ony Pendente Lite, Child Support, and Permanent Al~ony. COUNT IV CUSTODY 25. Paragraphs 1 through 24 inclusive are hereby incorporated be reference. 26. Plaintiff (hereinafter "Mother") seeks primary physical and joint legal custody of the following children: Name Jordan Weaver Dominic Weaver Present Residence 1160 Windsor Road Mechanicsburg, PA 17050 1160 Windsor Road Mechanicsburg, PA 17050 The children were born in wedlock. D.O.B. July 12, 2000 May 7, 2003 27. The children are presently in the custody of the Mother who is residing at 1160 Windsor Road, Mechanicsburg, PA 17050. 28. During the past five years, the children have resided with the following persons and at the following addresses: Names Devanna Weaver Jordan Weaver Dominic Weaver Devanna Weaver Jayson Weaver Jordan Weaver Dominic Weaver Devanna Weaver Jayson Weaver Jordan Weaver Dominic Weaver Devanna Weaver Jordan Weaver Dominic Weaver Devanna Weaver Jayson Weaver Jordan Weaver Residences 1160 Windsor Road Mechanicsbur~, PA 17050 1A Belle Vista Drive Marysvi1le, PA 17053 5080 Lilac Lane, Apt 203 Harrisburg, PA 17111 1160 Windsor Road Mechanicsburg, PA 17050 1266 Hunters Ridge Drive Mechanicsburg, PA 17050 Dates June 2006- To Present July 2005- June 2006 February 2005- July 2005 November 2004- February 2005 2000-2004 Dominic Weaver 29. The mother of the children is Devanna Weaver, residinq at 1160 Windsor Road, Mechanicsburq, PA 17050. She is married. 30. The father of the children is Jayson Weaver, residinq at lA Belle Vista Drive, Marysville, PA 17053. He is married. 31. The relationship mother-children. Mother. of the Plaintiff to the children is that of The children are currently livinq with the 32. The relationship of the Defendant to the children is that of father-children. 33. The best interest and permanent welfare of the children will be served by qrantinq the relief requested because: a. She was the primary caretaker of the children durinq the marriaqe. b. The children continue to be with Plaintiff. c. Plaintiff will be able to provide a more stable and nurturinq environment. 34. Each parent whose parental riqhts to the children have not been terminated, and the person who has physical custody of the children, have been named as parties to this action. WHEREFORE, the Plaintiff requests the court a. Enter a decree of divorce under Section 3301 (c) of the Divorce Code b. Order that the marital property be divided equitably. c. Enter an Order for Reasonable counsel fees, expenses, Spousal Support, Alimony Pendente Permanent Alimony. costs Lite, and and d. Order her primary physical and joint leqal custody of her children. Respectfully Submitted, ffi;fJ~~ Gail Guida Souders Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust Street Harrisburq, PA 17101 Supreme Court 10 # 68740 I, Devanna Weaver, verify that the statements made in this Custody and Divorce Complaint 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 unsworn falsification to authorities. VANNA WEAVER m~ ~-? DATE: '/1,,/1J . ATTORNEY FOR PLAINTIFF ~ ~ ~ "69- ..... iU 7"\l ~ 6"- ..0 ~ )..) 0 D . . . 0 "'l 0 j. ..... ~ () 0 D " .-) "'9 'n I , :=:! () I :., ..... ~ " C" ~~ ~ ~ -- ~ - ~ .p. ~ I" ~" '.:-' ...... ~ r' - ~ . - ~ -.. 6"- '\.. DEVANNA WEAVER P~aintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY JAYSON WEAVER Defendant NO. OElDER OF COURT AND NOW, this day of June, 2006, after hearinq, it is hereby ordered and decreed that primary physica~ and joint ~eqa~ custody of Jordan Weaver and DOII\inic Weaver is awarded to Devanna Weaver. It is further ordered that each party sha~~ have physica~ custody as fo~~ows: BY THE COURT: J. Distribution: Gai~ Guida Souders, Esquire, 111 Locust Street, Harrisburq, PA 17101 Jayson Weaver-1A Be~~e Vista Drive, Marysvi11e, PA 17053 Prothonotary's Office DEV ANNA WEAVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VANIA V, 06-3912 CIVIL ACTION LAW JA YSON WEAVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 27, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday. Esq. , the conciliator. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, AU2ust 24, 2006 at 1l:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinS!. FOR THE COURT. By: Isl Dawn S. Sunday. Esq. Custody Conciliator p- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY 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. Pennsylvania 17013 Telephone (717) 249.3166 ~-~ jrv ~ ~ ~ 1~g~t.. - h Z "'V'1nV ~It, n~e'L ~ ~ 2 ~ -4;; -.p;J '}().ftt., Ii 1 ' r h ,;- 11..1 0;/ U i':.. jl!" \,,1,... . ... . DEVANNA WEAVER IN THE COURT OF CONNON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - LAW Jll.YSON WEAVER No.06-3912 Civil Term CERTIFICATE OF SERVICE I hereby certify that on August 10, 2006 I served a copy of the Divorce and Custody Complaint upon the persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Mail to: Jayson Weaver lA Belle Vista Drive Marysville, PA 17053 /lrJ!1:3 ~ ~ - Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: ! / IS" JO h I ,..,.. ~ . . ,> o ..D N N o m r'I <0 U 5 Postal ServIce CERTIFIED MAIL. RECE:IPT (Domestic Mail Only; No Insurance Coverage provided) . =. -. '. ~EE~ Jne I A l USE o C Certified Fee o C Return Reclept Fee (EndMemont Required) ~ Aesbfcted Delivery Fee ,........ (Endof'8emerJ' Required) o ~ Total Postage & Fees $ IT'1 o o I"- Postage $ · '$1E IIema I, 2, - 3. AIIO~ 4 II AM~1lod lltlWy I!I de8IIed. . ~_IIldan.on1he_" 8OllI8l.. CIrl r8ll.m tI1e CIId 10 you. ,"t . MIlIch '* CIId 10 tI1e beck oI1he m.IIPleo./,~' lWClll1hefn:lntW_permII8. ;I!, \I.'" 1. AllCleIdi 11 tHo:. J~~~ , \ y\~\e \l \S~CA. ~\\.\l~ ~~~~elf~)ld&3 ~, J !O:;.~ D.II __....IIIm! WYES,_doIIvoly__ 3._~ ~ 00I1lIId MIll C ~ MIll Cc FIo.! r 6d Cl Rolun AocoIpl1llr 11_"'_.... InIInd MIll C c.o.o. 4. R...I.Ubd DoIMIy? {I:Jdnt FIe/ c_ 2.__ ~--/oIIIf P8 Fam 3811. ......, IGlI!l 7003 1010 0000 8130 22~D --...... ..'M ,. , a c ~;: ~b l\ ~ ~ 'i? ~\\, :t_-i", --0 0 <.~) ~ ~..rn ..:-;:\ ~) :;;;; t? (,f' l' RECEIVED SEP 0 5 Z006 flJ(j , DEV ANNA WEAVER Plaintiff IN THE COURT OF C CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3912 CIVIL ACTION LAW JAYSON WEAVER Defendant IN CUSTODY ORDER AND NOW, this 31st day of AUl!ust. 2006 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for September 7,2006 is cancelled. FOR THE COURT, nark,.-:!;;::fr Custody Conciliator ViNWilASNN3d '''In'y' n' '~"T''''''n'' A...Ll\, !\..'., ,',".' ',",:"r:'l~l v U :8 ~jd S- d3S 9UOZ A\:lV10i'iOHJ..Odd 3Hl .:JO 38I.W.Q31I:l r-:-.--:------_____ .." ~ / DEVANNA WEAVER Plaintiff VS SEP 2 0 2006 ~X:_.....J IN THE COURT OF COMMoi---.. CUMBERLAND COUNTY, PENNSYLVANIA ',> CIVIL ACTION - CUSTODY JAYSON WEAVER Defendant NO. 06-3912 Civil Ter.m STIPULATION FOR AN AGREED ORDER OF CUSTODY AGREEMENT, made this JLI~ day of September 2006, by and between Devanna Weaver, hereinafter referred to as "Mother," and Jayson Weaver, hereinafter referred to as "Father." WITNESSETH WHEREAS, the parties hereto are the natural parents of two minor children Jordan Weaver, born July 12, 2000 and Dominic Weaver, born May 7, 2003; and WHEREAS, the parties have come to an agreement concerning the issues of child custody; and WHEREAS, the parties desire that this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby stipulate and agree as follows: LEGAL CUSTODY 1. The parties shall have joint legal custody of their two children, joint legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including but not limited to medical, religious, and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promote the children's best interest. ~ 2. Each party has a right to be kept informed of the children's educational and medical development, and shall have a right of access to the children's educational and medical records. Each party shall be entitled to complete and full information concerning the children from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. 3. Each party shall notify the other of any matter relating to the children, which could reasonably be expected to be of significant concern to the other party. 4. Each party agrees not to impair the other party's right to joint legal custody of the children. 5. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the children at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him or her regarding the emergency as soon as practicable. PHYSICAL CUSTODY 6. From the date of execution of this Stipulation, Mother shall have primary physical custody of the children. 7. From the date of execution of this Stipulation, Father shall have partial custody of the children in accordance with the following schedule: (a) During the school week, Father shall have Dominic Weaver Monday through Friday from 8:00 a.m. and Father will drop child off at daycare at 2:00 p.m. (b) Father shall have children every other weekend beginning Saturday at 9:00 a.m to Monday at 9:00 a.m. . . ~ . "') (c) Parties shall have two weeks of nonconsecutive vacation which must fall with in the party's weekend. Parties are required to give thirty 30)days notice in the summer. (d) Holiday visitation shall be as the parties agree. (e) Both parties shall have shared transportation for the children. 8. It is the intention of the parties that this Stipulation serves primarily as a guide for custody. The parties agree to work with each other to accommodate the other's request for additional periods of custody not outlined in this Agreement. WHEREFORE, the parties entered as an Order of this Stipulation be !:i%?-~ -bAJK ~ Witness /' 7 ,#/~----- Date: q J 1'-11 O(J BY THE COURT: ,\ 'l() \ C<D \--L~ v1N\fJ\lASNN3d I '''I'''''''''' .....~ "'1' '...,.....:^'n..... ^-iJ\i1 p.._~r] 1.;.,1')' )~:;::,H,,, v OS :01 WV f 2 d3S 900l Al:iV10NOHIOtid 3Hl :/0 30UjQ-031l:f SEP ARA TION AND PROPERTY SETTLEMENT AGREEMENT ~ JCc.rH/tit4 ZDo1 THIS AGREEMENT, is made this~ day of Q to 'ld,~, by and between DEV ANNA WEAVER, now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", -AND- JA YSON WEAVER, now of Marysville, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 24, 2000, in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, the parties have two children, namely, JORDON WEAVER and DOMINIC WEAVER, and; WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which is considered to be an equal division of all joint property and will provide for their mutual responsibilities and rights growing out of the marriage. NOW, THEREFORE, in consideration of premises, and of the promises, covenants and undertakings hereinafter set forth, and of other good and valuable consideration, the 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. SEPARATION It shall be lawful for each party at all timed hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, not in any way interfere with the peaceful existence, separate and apart from the other. 2. SUBSEQUENT DIVORCE The parties hereto acknowledge that ton July 11, 2006 Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301 (c) of Pennsylvania Divorce Code. Husband and Wife hereby express their agreement that the marriage is irretrievably broken and each express their intent, contemporaneously herewith, to execute any and all affidavits, waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provision of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, 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 effected in any way by any such separation 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 survive and shall not be merged into any decree, judgment, order of separation or divorce. It is specifically agreed, however, that a copy of this Agreement or the substance of the provision thereof, may be incorporated 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 or decree and to be forever binding and conclusive upon the parties. 3. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this agreement. 4. DEBTS AND OBLIGATIONS Husband represents and warrants to Wife that since the separation he has not, and in the future will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of separation, except as otherwise set forth herein. 5. MUTUAL RELEASES Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any and all cause or causes of action for breach of any provisions of this Agreement. Further, each party does hereby remise, release, quit, claim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against to other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the interstate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 6. DIVISION OF HOUSHOLD AND PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties mutually agree that Wife shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property in her possession and that Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the aforesaid tangible personal property in Wife's possession. The parties further agree that Husband shall, from and after the date hereof, be the sole and separate owner of all the tangible personal property presently in his possession, including the items of property in the marital residence, and that Wife hereby releases and relinquishes any right, title or interest that she may have had in the past or now has in the aforesaid tangible personal property in the Husband's possession. 7. SUPPORT OF SPOUSE In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demands whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 8. CHILD SUPPORT Husband will pay one thousand dollars per month until December 2006. Husband will then pay nine hundred dollars per month thereafter. 9. VEHICLES Wife shall retain possession and ownership of the 1999 Hyundai Tiburon, which is presently in her possession, free and clear of any claim, right, title or interest in said vehicle on the part of Husband. Husband shall retain possession and ownership of the 2003 Mercury Mountaineer which is presently in his possession, free and clear of any claim, right, title or interest in said vehicle on the part of Wife. Additionally, Husband shall retain possession and ownership maintained of the 2004 Yamaha motorcycle and the payments. Wife shall relinquish any interest or the said motorcycle. 10. SEPARATE ASSETS The parties herby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto, or untitled, are presently in the sole possession of one or more of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 11. RETIREMENT AND PENSION PLANS Each of the parties shall retain as their sole and exclusive property any and all pension, retirement or 40l(k) plans presently titled in their respective names free and clear of any claim, right, title or interest on the part of the other. 12. TRANSFERS SUBJECT TO EXISTING LIENS Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 13. EOUITABLE DISTRIBUTION By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 14. COUNSEL FEES. COSTS AND EXPENSES Each of the parties will split the pending amount till notification of final costs of the pending divorce and the within Agreement. Husband will pay approximately one-fourth of the fees. Wife with pay approximately three-fourth of the fees. 15. ADVICE OF COUNSEL It is acknowledged that Wife has had the benefit of the legal counsel of Gail Guida Souders, Esquire in the formulation and execution of this Agreement. Wife has been advised of her legal rights and liabilities with regard to the terms and conditions of this Agreement by her respective lawyer. Husband has been advised to consult attorney. 16. DEBTS OF PARTIES Each of the parties shall indemnify and save the other harmless from any and all claims or demands made by reason of such debts or obligations. a. Husband shall be solely responsible for any and all liabilities in his name alone, specifically to include for and all liabilities in his name alone, specifically to include any and all loans and obligations to issuers of credit cards in his name alone. b. Wife shall be solely responsible for any and all liabilities in her name alone, specifically to include for and all liabilities in her name alone, specifically to include any and all loans and obligations to issuers of credit cards in her name alone. c. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debt, encumbrances or liens assumed by the other pursuant to this Agreement. 17. ADDITIONAL 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 or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such parties have any interest, the sources and the amount of the income of such party of every type whatsoever and of all the facts relating to the subject matter of this Agreement. 19. WAIVER OF RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under the Divorce Code, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement and shall conclusively provide for the distribution of property under the law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution or marital property, counsel fees or expenses. Each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 20. MODIFICATION AND WAIVER A modification or waiver of any of the Provisions of this Agreement shall be effected only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. 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. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereto shall be deemed to be a separate and independent agreement. 24. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other on enforcing his or her rights under this Agreement or in seeking such other remedies or relief as may be available to him or her. 25. APPLICABLE LAW I I I L _ . .. , . This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES If any item, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken form this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. FINANCIAL DISCLOSURE The parties confirm that each have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. 1J~ I) Witness Devanna Weaver ~J~~ tness i: .~ ..{J /. ayson ~eaver (Seal) STATE OF PENNSYL VANIA ~~_tr~ COUNTY OF C~AND : ss. On \f Qf)~, 200~ before me, the undersigned officer, personally appeared Devanna Weaver, known to me or satisfactorily proven to be the persons whose names subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. ~JM~ Notary Public My Commission expires on: ex. ra \0 e.r- { \ / 20 1 D -.. NOTARIAL SEAL BETH IMSCHWEILER Notary Public HARRISIURG CITY. DAUPHIN COUNTY My Commlulon Expire. Oct 11. 2010 , . ,.. ,.~ STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND t. 19 , 20~ before me, the undersigned officer, personally appeared Jayson' eaver, known to me or satisfactorily proven to be the persons whose names subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. My Commission expires on: ~ 2&/ ZOcJ 9' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sara M. Musti, Notary Public East Pennsboro T wp., Cumber1and County My Commission Expires Aug. 26. 2009 Member Penr;s'/vania Association of Notaries ('~ ,.) - -, -.-"~ :~-j l-~~ \.........' -f_} _.,:..~ r<) \.0 :0 -< .--....------ DEV ANNA WEAVER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION - DIVORCE JAYSON WEAVER Defendant : NO. 06-3912 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on July 11,2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed form the date of filing and service of 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. ~ 4904 relating to unsworn falsification to authorities. DATE ) //1 J() 7 / I ~ n tt/~ .~ SON WEAVER COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sara M. Musti, NotaIy Public East Penns~r~ Twp., Cumberland County My CommISSIOn Expires Aug. 26, 2009 Member, Pennsylvania Association of Notaries ,-.:> (.:~,"1 ...::;;.::.:; __J ....n ("',-1 ,;''':; - -'~'" f',) 0) DEV ANNA WEAVER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS JAYSON WEAVER Defendant : CIVIL ACTION - DIVORCE : ~ : NO. 06-39tJ CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 the Court enters a divorce decree 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. ~ 4904 relating to unsworn falsification to authorities. DATE //1 q /07 / I ~ ~t/~ /J SON WEAVER COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sara M. Musti, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires Aug. 26, 2009 Member. Pennsylvania Association 01 Notaries ,\ I', \ I I .UJJ.- J l _ ~~.. - -;:'l - N ,...-.'...." "-'.... DEV ANNA WEAVER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION - DIVORCE JAYSON WEAVER Defendant : NO. 06-3912 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on July 11,2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed form the date of filing and service of 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. ~ 4904 relating to unsworn falsification to authorities. DATE / IJ.5!o1 / ~ . ~tl/A EV ANNA WEAVER ~ ~ ~~~~ ;?, .-\ <<\ ......, r;,; \ - - r--' co DEV ANNA WEAVER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION - DIVORCE JAYSON WEAVER Defendant : NO. 06-3912 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 the Court enters a divorce decree 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. ~ 4904 relating to unsworn falsification to authorities. DATE /P/F/c;7 ~ ~ MtUI~ D VANNA WEAVER !"---'> ~~...:) .___.J -...I -r'l o -r. -----., , , 1",) C) DEV ANNA WEAVER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-3912 CIVIL TERM JAYSON WEAVER Defendant CIVIL ACTION - 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 (X) 3301 c () 3301 d of the Divorce Code (Check applicable code) 2. Date and manner of service of the complaint: July 11, 2006 by Certified Mail. 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: Plaintiff-January 25,2007, Defendant-January 19,2007. (B) (1) Date of execution ofthe plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent filed: Related claims pending: settled by written agreement signed on: January 19,2007 4. (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) (1) Date plaintiffs Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary: January 25,2007 (2) Date defendant's Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary: January 19,2007 }Vv fV\ ~ Attorney for ( X ) Plaintiff ( ) Defendant f~~ (:) ';::; -n --' 4:' .....-:-;, - r-.) ...0 ------- - lti '" ;Ii;li ;Ii ;Ii;liltilti ;liltilti "';Ii ;Ii;li:f.;Ii:tiltiltilti:f.lti:f.:ti;li <Ii :f.;Ii :f. :f. :ti lti :f. ":~ IN THE COURT OF COMMON PLEAS OFCUM8ERLANDCOUNTY STATE OF Devanna Weaver VERSUS Jayson Weaver PENNA. No. 2006 39 12 DECREE IN DIVORCE <0 AND NOW, F' ~~("\l~i'~ DECREED THAT 2007 , IT IS ORDERED AND Devanna Weaver , PLAI NTI FF, AND Jayson Weaver . .... " , 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; :f. :f.'" "'''' "''''''' "':f."':f.:f.'" By THE COURT: ~ -t ~.j. PROT,,",ONOTARY :f."':t:fF. :t:fF.:t:fI'fI':t::t::f.'" fF.f+1f+1l+if+1:+ifF.'f.:f.:f.:f.:f. :+i:+i:+i"':f.:f.'f. :+ifF.:+i J. ,IF 1- ~ ~1l.. LfJ V -e ~f' ,,?-.~ ~"fOd ul'b,19 -; . , .",:!!, "!'; . ..