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Home My WebLink About06-5705 II Jessica R, Falvo, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs, Aidan J. Falvo, Defendant CIVIL ACTION NO, ~{p. 5705" W IN DIVORCE NOT ICE T 0 DEFEND 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 roceed without you and a decree of divorce or annulment may be against you by the court. A judgment may also be entered against you for any other claim or relief requested in these apers 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 ounseling, A list of marriage counselors is available in the ffice of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, AWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, OU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 Jessica R, Falvo, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs, Aidan J, Falvo, Defendant CIVIL ACTION NO, (J~-S1(;f IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce, By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both arties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage ounselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 II Jessica R, Falvo, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs, Aidan J, Falvo, Defendant CIVIL ACTIQN NO, tJl,- 570~ IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1, Plaintiff is Jessica R, Falvo, a citizen of Pennsylvania, residing at 27 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 2, Defendant is Aidan J, Falvo, a citizen of Pennsylvania, residing at 1367 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania, 3. Plaintiff and Defendant are sui luris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six onths immediately preceding the filing of this Complaint, The parties are husband and wife and were lawfully married on 27, 2003, in Cumberland County, Pennsylvania, 5, The marriage is irretrievably broken, 6, Neither Plaintiff nor Defendant are in the military or naval ervice of the United States or its allies within the provisions of he Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 nd its amendments. There has been no prior action for divorce or annulment 'nstituted by either of the parties in this or any other 'urisdiction, II 8, The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling, COUNT I Request for a Fault Divorce Under 3301(a) (6) of the Divorce Code 9, The prior paragraphs of this Complaint are incorporated herein by reference thereto, 10, Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome, 11, This action is not collusive, 12, Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling, WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce Code, COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein y reference thereto, 4, The marriage of the parties is irretrievably broken, II 15, After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling, WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code, COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17, The prior paragraphs of this Complaint are incorporated herein y reference thereto, 18, The marriage of the parties is irretrievably broken, 19, After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart, O. Plaintiff has been advised of the availability of counseling nd that plaintiff and Defendant have the right to request the Court o require the parties to participate in such counseling, WHEREFORE, eparation and if two ( 2 ) Plaintiff years have has filed elapsed from the date of her affidavit, Plaintiff II respectfully requests the Court to enter a Decree of Divorce, ursuant to 3301(d) of the Divorce Code, COUNT IV Request for Confirmation of Custody Under 3104 of the Divorce Code 21, The prior paragraphs of this Complaint are incorporated herein y reference thereto, Plaintiff is Jessica R, Falvo, a citizen of Pennsylvania, esiding at 27 W, Simpson Street, Mechanicsburg, Cumberland County, ennsylvania. 3. Defendant is Aidan J, esiding at 1367 Zimmerman ennsylvania. Falvo, a citizen of Pennsylvania, Road, Carlisle, Cumberland County, Plaintiff Mother seeks custody of the following child: Present Residence Age Rhea Falvo 27 W, Simpson Street DOB 4/18/04 5, The child was not born out of wedlock, 6. The child is presently in the custody of Plaintiff Mother who esides at 27 W, Simpson Street, Mechanicsburg, Cumberland County, ennsylvania 7, During the past five years, the child has resided with the ollowing persons at the following addresses: Address Date , I II Jessica Falvo 27 W, Simpson Street 9/25/06-current Jessica & Aidan Falvo 27 W. Simpson Street 8/05 - 9/25/06 Jessica & Aidan Falvo W, Coover Street Rear dates uncertain Townhouse 16, Mechanicsburg essica & Aidan Falvo & Caitlin Falvo 1429 Apple Dr, Mechanicsburg dates uncertain 28, The mother of the child is Jessica R. Falvo, Plaintiff who currently resides at 27 West Simpson Street, Mechanicsburg, County, Pennsylvania. She is married to Defendant. The father of the child is Aidan J, urrently resides at 1367 Zimmerman Road, ounty, Pennsylvania. Falvo, Defendant who Carlisle, Cumberland 1. He is married to Plaintiff, The relationship of Plaintiff to the child is that of Mother, Plaintiff currently resides with child, 3, The relationship of Defendant to the child is that of Father. Defendant currently resides with Allen and Sherry Miller who are riends of Defendant, 4, Plaintiff has not participated as a party or witness, or in nother capacity, in other litigation concerning the custody of the hild in this or another court, 5. Plaintiff has no information of a custody proceeding concerning he child pending in a court of this Commonwealth, 36, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 37, The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff Mother has always been primary care provider and is capable of providing adequate care and nurturing to the child, 38, Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have een named as parties to this action, All other persons, named below ho are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE, 39, Defendant shall have the right to reasonable and liberal isitation with the child. WHEREFORE, Plaintiff respectfully prays your Honorable Court to rant custody to Plaintiff and that Defendant be granted reasonable ights of visitation, Respectfully submitted, DISSINGER and DISSINGER ~~U(~~F Mary A" Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 N, 32nd Street Camp Hill, PA 17011 (717) 975-2840 r-- VERIFICATION I, Jessica R, Falvo, verify that the statements made in the Divorce Complaint 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. ~~ ~ '", 'V'\ '>:(\'-.1 Ww \J\. ~"\ {' --.j " "' fA, ~ . " '\ "--" ~~~ ~~ "b " \ ......... ~ ~.~ ........... t 1\ \J ~ ~ . ~ (' . ~ Q .' ~~ .:' ~ - 'l (:~---... ...-\ (,~ :C-n C: If' P:: i :;3J~~ -";:') '.~- .-~ -,-.,. '.~) (r" ~:n .-<. '"-',:. c? <..;. JESSICA R. F AL VO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-5705 CIVIL ACTION LAW AIDAN J. FALVO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 05, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St" Camp Hill, PA 17011 on Thursday, October 26, 2006 at 1:00 PM 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 hearing, FOR THE COURT. By: Isl Melissa p, Gree Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 ~ P? ~ 4-t/,;; 9~~~. rJl .~~ ~~ ?O-b-Ol ~C5 P $- ~ ~ -~ '7U'-,4.d! hS Hd 6-J.J090DZ II Jessica R, Falvo, Plaintiff vs, Aidan J, Falvo, Defendant - -f-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO, 06-5705 IN DIVORCE ACCEPTANCE OF SERVICE I ENTRY OF APPEARANCE I, Andrew C, Sheely, hereby enter my appearance on behalf of Defendant, Aidan J, Falvo, and accept service of the Consolidated Complaint in Divorce and Custody Conciliation Order, which was delivered to me on Octob~ r 13 , 2006. Andrew C, Sheely,. Supreme Court ID# {, Z- ~ eo. r 127 S, Market Street PO Box 95 Mechanicsburg, PA 17055 (717)697-7050 ~'t.c't\~t.t; \\\:,"\ 1 \\ ~ 9 ......:> = 0 ~:. = t:::r' .." \" Z .~ 0 ....... m:D --:~:;: '(1 Fr. 1 N ::')0 :J 2:, ::P" ..- -ri ::;: .~;~ ~1~ Q:) /~ rn _~r_.( 0 55 =< . " '. \ "F., \'> \ ," ::'I,..n .f.( \",.......J'.~ r\iC.'.f'.\~\(\r;:.'t)., /',\.0".;.:: ,J\\ '1' 'v' \,J \ '" .;)\ \'i. "'" ... \' \,/, " A ) Plaintiff .NOV 13 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5705 CIVIL TERM JESSICA R. FALVO, v, CIVIL ACTION - LAW AIDAN J. FALVO, IN CUSTODY Defendant ORDER OF COURT AND NOW, this /7-tIa day of November, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The parties, Jessica R. Falvo and Aidan J. Falvo, shall have shared legal custody of the minor child, Aydia Rhea Falvo, born April 18, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: . . - NO. 06-5705 CIVIL TERM A. Commencing November 2, 2006 and alternating Thursdays from 4:00 p.m. overnight until he delivers the child to day care in the morning. B. Commencing November 9, 2006, on alternating Thursdays from 4:00 p.m. to 7:00 p.m. C. Commencing November 10, 2006, on alternating weekends from 4:00 p.m. on Friday until Monday when the child is returned to the day car provider. D. Commencing November 7, 2006, on alternating Tuesdays from 4:00 p.m. until the following morning when the child is returned to the day care provider. E. Commending November 14, 2006 on alternating Tuesdays from 4:00 p.m. until 7:00 p.m. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 5. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this proh ibition. In the event that a parent is concerned about the other parent using and/or abusing non-prescription drugs or alcohol, the concerned parent will call and ask the other parent to submit to a chemical dependency evaluation at the expense of the concerned parent. In the event that the chemical dependency evaluation confirms chemical dependency or chemical abuse, to include alcohol dependency or abuse, the parent evaluated will submit to the " NO. 06-5705 CIVIL TERM appropriate treatment recommended by a certified addictions counselor and will begin abstinence and reimburse the concerned parent for the cost of the evaluation within thirty (30) days. The parent being evaluated will call for an appointment within seventy-two (72) hours of the request by the concerned parent and the evaluation will be scheduled within twenty-one (21) days of the request therefore. 7. Vacation. Each parent shall be entitled to one (1) week of vacation each summer, to commence with their custodial weekend. Prior to the parting, the parent traveling shall provide the non-traveling parent with information regarding their destination and telephone number where they can be reached upon arrival. The parent first providing written notice shall have choice of the summer vacation week if there is a conflict in scheduling. The parties will provide each other with notice no later than May 1 of each year. 8. Transportation. Father shall provide transportation incident to custodial exchanges. However, the Christmas holiday exchange shall occur at the Sheetz in Shamokin Dam where the parties will meet for the custodial exchange. The allocation of responsibility for non-holiday custodial exchanges to Father is based on the fact that the parties presently reside only three (3) blocks apart, 9. Both parties will obey traffic signals and signs in accordance with the laws of the Commonwealth of Pennsylvania. 10. The holiday schedule attached shall supers_ede the regular schedule. J. Dist: Mary A. Etter Dissinger, Esquire, 28 North 23rd Street, Camp Hill, PA 17011 Andrew C. Sheely, Esquire P.O. Box 95, 127 South Market Street, Mechanicsburg, PA 17055 ~ ~ /J-/7~O G q... ...~!r!,J ('(' .-- 1/" J(,.[) '~j L! liON 9roZ ):Jh'!(., i., " <J-..'....Ij'i\._.,(:'..i,.;,j ::)LJ. Jr', -"'i r ,~- ';:~._ ___I 1J. ..:;..../ $Jo;./,.7~-'C.I-;./d l{j No. 06-5705 HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter A From 8am to 2pm Easter Sunday Mother Mother Easter B From 2pm Easter Sunday until 9am Father Father Easter Monday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1st Half From 6pm the evening before Mother Mother Thanksgiving Day to 2pm on Thanksgiving Day Thanksgiving 2nd Half From 2pm on Thanksgiving Day to Father Father 9am the day after Thanksgiving Day Christmas 1 sl Half From 9am on 12/24 to Noon on 12/25 Father Mother Christmas 2nd Half From Noon on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday · , . !f IOV 13 Z006 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5705 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JESSICA R. FALVO, v. AIDAN J. FALVO, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Aydia Rhea Falvo April 18,2004 Mother 2. Mother filed a consolidated Divorce Complaint on or about October 3,2006. A Custody Conciliation Conference was held on November 2, 2006 with the following individuals in attendance: the Mother, Jessica R. Falvo, and her counsel, Mary A. Etter Dissinger; the Father, Aidan J. Falvo, and his counsel, Andrew Sheely, Esquire. 3. The parties reached an agreement in the rder that is attached. G--- 11/ C;/(J (0 Dale ( Melissa Peel Greevy, Esquire Custody Conciliator :286419 Jessica R, Falvo, Plaintiff IN THE COURT OF CO OF CUMBERLAND COUN PENNSYLVANIA PLEAS vs, Aidan J, Falvo, Defendant CIVIL ACTION NO, 06-5705 IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this 1b~ day of ~e..brv..Q.d " 2007, between Aidan J. Falvo. ("Husband"), of cu~ Pennsylvania and Jessica R. Falvo ("Wife") of Cumlb rland Pennsylvania. by and County, County, WITNESSETH: WHEREAS, the parties hereto are Husband and wi e, having been married on the 27th day of December in 2003, Ther was born one (I) child of this marriage, said child being: Rhea Falvo, (DOB 4/18/04). The parties have no other living or deceased, and have no adopted children. WHEREAS, diverse unhappy differences, difficulties have arisen between the parties and have lived separate and apart since September proceeding for the divorce of the parties has be~ I Plaintiff ln the Court of Common pleas of Cumbe~ and County on September 28, 2006 ,No.06-5705, It is the intenti n of Wife and I Husband to live separate and apart for the rest of their natural I lives, and the parties hereto are desirous of set~ ing fully and isputes and a result they 25, 2006. A filed by the finally their respective financial and proper obligations as between each other including withou specification: the settling of all matters betwee to the ownership and equitable distribution of re property; the settling of all matters between them past, present and future support, alimony pendent and/or maintenance of Wife by Husband and of Husba possible claims by one against the other and respective estates, y rights and limitation by them relating personal elating to the lite, alimony d by Wife; and against their NOW THEREFORE, in consideration of the above r citals and the mutual promises, covenants and undertakings herein fter set forth and for other good and valuable consideration receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS Husband and Wife agree that Wife shall finalize a "No-Fault" divorce based upon irretrievable breakdown of t eir marriage, subsequent to the parties' ninety (90) days separa ion. Husband and Wife further agree to execute their respective Affidavits of Consent under Section 3301(c) of the Domestic Rel tions Code of Pennsylvania, and to execute any and all other docu nts necessary under existing Rules of Pennsylvania Civil ure and local Rules of the Court of Common Pleas of land County, Pennsylvania, in order to allow Plaintiff to tely file all -2- such documents in the Court of Common Pleas of Cu Pennsylvania, upon the expiration of 90 Complaint in Divorce, Husband and Wife agree on~ that the execution of their respective Affidavits! I their execution of any and all other documents ma permit the entry of a final Decree Common Pleas of Cumberland County, Pennsylvania, later than January 20, 2007. Neither Husband ei ther directly or indirectly permit respective Affidavits of Consent or any executed by Husband and Wife subsequent documents, erland County, service of the ith the other f Consent and e necessary to the Court of occur no shall wal of their her documents cution of the 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specif'cally provided herein, this Agreement shall continue in full fo ce and effect after such time as a final decree in divorce may b entered with respect to the parties. a. All of the respective property and prop rty rights of the parties, and. complete and 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect final settlement, with reference to each party of: -3- b, The obligation of each party for the s pport of each other, and the parties agree that the terms incorporated but not merged into any may be entered with respect to them, of this Agr final divorc ment shall be decree which 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the inal decree of divorce of the parties hereto for purposes of enf rcement only, but otherwise shall not be merged into said decre The parties shall have the right to enforce this Agreement r the Divorce Code of 1980, as amended, and in addition, 1 retain any remedies in law or in equity under this Ag eement as an independent contract, Such remedies in law equity are specifically not waived or released, 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is e ecuted 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 executib by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documen s provided for herein shall only take place on the "distributib date" which -4- ~ 7. FINANCIAL DISCLOSURE The parties have each waived the right a financial disclosure of the other party, believing they are fully apprized of the financial condition of each other. shall be defined as the date of execution of this A reement unless otherwise specified herein, 8. ADVICE OF COUNSEL The provisions of the Agreement and their le al effect have been fully explained to the parties by their res~ ctive counsel, Mary A, Etter Dissinger, Esquire, attorney for Wife and Andrew C, Sheely, Esquire, attorney for Husband, The part~ s acknowledge that they have received independent legal advicef om counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and 0 ligations and they acknowledge and accept their legal rights and bligations and they acknowledge and accept that this Agreemen is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received uch advice and with such knowledge, and the parties acknowledge th t execution of I this Agreement is not the result of any duress or u due influence and that it is not the result of any collusion r improper or illegal agreement or agreements. In addition, each party hereto acknowledges has been fully advised by his or her respective hat he or she torney of the -5- impact of the Pennsylvania Divorce Code of 1980, P.S, Section 101 et, seq" whereby the Court has the righ and duty to determine all marital rights of the parties incl divorce, alimony, alimony pendente li te, equi table distt' bution of all marital property or property owned or possessed ' dividually by the other, counsel fees and costs of litigation and fully knowing the same and being fully advised of his or her rig ts thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his ot her respective right to have the Court of Common pleas of Curnberl and County, or any other Court of competent jurisdiction, make art determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente li tel equitable distr' bution of all marital property, counsel fees and costs of Ii ti or any other rights arising from the parties' marriage. In addition, each party hereto acknowledges under the Pennsylvania Divorce Code of 1980, 23 P.S, Section et, seq" the Court has the right and duty to determine all arital rights of the parties including divorce, alimony, alimony endente lite, equitable distribution of all marital property or roperty owned or possessed individually by the other, counsel s and costs of litigation and, fully knowing the same, being fully advised of his or her rights thereunder, each party still desires 0 execute this Agreement, acknowledging that the terms and condiit' ons set forth herein are fair, just and equitable to parties, and -6- I' waives his or her respective right to have the C)urt of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, ~ imony pendente lite, equitable distribution of all marital propert , counsel fees and costs of litigation, or any other rights at sing from the parties' marriage. 9. REAL ESTATE Husband relinquishes all his right, title, ald interest he may have in and to the property located at 27 W.Eimpson Street, Mechanicsburg, Cumberland County, pennsylvania It shall hereafter be exclusively Wife's property. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge t"at they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, fun ishings, rugs, carpets, household equipment and appliances, picture , books, works of art and other personal property and hereafter Wi~e agrees that all of property in the possession of Husband shall 're the sole and separate property of Husband, and Husband agrees t at all of the property in the possession of Wife shall be the soil'" and separate property of Wife, except to the extent specifida....ly set forth otherwise in this Agreement. The parties do hereh specifically I waive, release, renounce and forever abandon whatt er claims, if any, he or she may have with respect to the above i~Ems which shall -7- I' become the sole and separate property of each other except to the extent specifically set forth otherwise in this 1\greement. The parties will specifically divide certain persona 1 property as follows: a. Each waives any claim they may have t( the pension, retirement and/or profit sharing plan or 0 her retirement benefits of the other. b. The parties agree that Husband shall pc y in full the balance due and owing on the Bank of Ameri a credit card, which balance is slightly under $400.0q as of date of I execution of this Agreement. He will ho~( Wife harmless for any obligation on that card, The parties agree to apply the proceeds from their joint Fede al Tax refund for tax year 2006 to the Discover credit card bill and divide the balance equally between them. Each shall pay one half, which at time of execution of th s Agreement is approximately $300.00 for each of them or a combined balance after application of the t< x refund of approximately $600,00, 11. MOTOR VEHICLES With respect to the motor vehicle owned by the parties, they agree as follows: a. The 2003 Ford Explorer shall become the sole and exclusive property of Husband, subject to its liens and -8- encumbrances, and Husband agrees to hold 'fe harmless on such liens and encumbrances, The title to the said motor vehicle shall be e ecuted by the parties, if appropriate for effecting transfer as h rein provided, I on the date of execution of this Agreement and sai~ executed title I shall be delivered to Husband on the distributioh date, title is not available, it shall be signed by Wife a soon as it is available, and Husband shall promptly transfer th sole name, For so long as Wife's name remains Husband shall carry auto insurance as required by la harmless from any loss or damage to her as a result to do so. If the title to his title, and hold Wife of his failure 12 . WAIVER OF ALIMONY The parties acknowledge that inflation increase or decrease, their respective incomes may change, either may be employed or unemployed at various times in the ref that their respective assets may substantially increase or ease in value, and that notwithstanding these or other economic umstances, the parties acknowledge that they each have sufficien property and resources to provide for her or his reasonable nee4 and that each is able to support himself or herself without contri ution from the other. Therefore, the parties hereby expressly waive discharge and release any and all rights and claims which they ~ y have now or hereafter have, by reason of the parties' marria~ ' to alimony, alimony pendente lite, support or maintenance and d ey acknowledge -9- II that this Agreement constitutes a final determinati)n for all time of either party's obligation to contribute to t e support and maintenance of the other, It shall be, from the eXE cution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself withou seeking any additional spousal support from the other party. 13. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, tate and local tax returns required to be filed by Husband and rVife have been filed, and all federal, state and local taxes requ'red to be paid wi th respect to the periods covered by such ret rns are paid. Husband and Wife further represent there are no tcx deficiencies proposed or assessed against Husband and/or Wife fo such periods, and neither Husband nor Wife executed any waiver of the Statute of Limitations on the assessment or collection of anT tax for such periods, 14. TAXES FOR YEAR OF DIVORCE The parties shall file jointly for Federal Tax purposes for 2006, The Federal Tax refvnd shall be applied t pay down the balance due and owing on the Discover credit card. 15 . PRESERVATION OF RECORDS Each party will keep and preserve for a peri d of four (4) years from the date of divorce all financial recdrds relating to -10- I! the marital estate, and each party will give t e other party immediate access to these records in the event of ax audits, 16. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter o~n and enjoy, independently of any claim or right of the other all items of personal 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 though he or she were unmarried. 17. LEGAL FEES Each party will be responsible for their reSlective counsel fees and costs involved in securing a 90-day no-faul~ divorce to be instituted by Wife as Plaintiff, In the event, for w atever reason, either party fails or refuses to execute an affidcvit evidencing their consent to the divorce, pursuant to ~3301@ Jf the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, ircluding actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agree~ Lhat a legal or equitable action may be brought to compel him or hEr to execute a consent form and that, absent any breach of this A<reement by the proceeding party, there shall be no defense t) such action asserted. -11- II 18. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be respon ible or liable except as may be provided in this Agreement, Each )arty agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them includ ng those for necessities except for the obligations arisin~ out of this Agreement, 19. WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husbanj and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur r contract any debt, charge or liabili ty for which the other I s legal representati ves, property or estate may be responsj]l: le, Each hereby agrees to indemni fy, save and hold the other a nd his or her property harmless from any liability, loss, cc st or expense whatsoever incurred in the event of breach hereof. 20. PROPERTY RELEASE It is the intention of Husband and Wife to gi~e to each other by the execution of this Agreement a full, compiE te and general release with respect to any and all property of an~ kind or nature, I real, personal or mixed which the other now owns b may hereafter acquire, except and only except all rights and! agreements and ! -12- II obligations of whatsoever nature arising or which ay arise under this Agreement or for the breach of any prov'sion of this Agreement, All property hereunder is transferred subj ect to all existing encumbrances and liens thereon, The tr~nsferee of such property agrees to indemnify and save harmless the b her party from any claim or liability that such other party may ~ ffer or may be required to pay on account of such encumbrances i :>r liens, Such party will, at his or her sole expense, defend thE other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in espect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party! receiving such I property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the parties have intended to effect an equitable distri}ution of their assets. The parties have determined that the di ision of said property conforms to the criteria set forth in ~3:01 et. seq. of the Pennsylvania Divorce Code taking into considera ion the length of marriage; the fact that it is the first marriage or Husband and Wife; the age, health, station, amount and sour es of income, vocational skills, employability, estate, liabiliti~s and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the party; the opportuni ty of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but I not limited to medical, retirement, insurance or !cther benefits; , the contributions or dissipation of each party in t e acquisition, -13- 11 preservation, depreciation or appreciation of the ma ital property, including the contribution of each spouse as homero ker; the value of the property set apart to each party; the stand~ d of living of the parties established during the marriage; an the economic circumstances of each party at the time the divisior of property is to become effective. The division of existing mari al property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effec ed without the introduction of outside funds or other property not constituting a part of the matrimonial estate, The division of property under this Agreement shall be in full satisfaction of all ma ital rights of the parties, 21. MUTUAL RELEASES Husband and Wife each do hereby mutually rEmise, release, quitclaim and forever discharge the other and tne estate of the , other, for all time to come, and for all purpose$ whatsoever, of and from any and all rights, title and interest :cr claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, ~hich he or she now has or at any time hereafter may have against uch other, the estate of such other or any part thereof, whethen arising out of any former acts, contracts, engagements or liabi ities of such other or by law of dower or courtesy, or claims ir the nature of dower or courtesy or widow's or widower's rights, f mily exemption or similar allowance, or under the intestate laws, )r the right to take against the spouse's will; or the right to t eat a lifetime conveyance by the other as testamentary, or allot er rights of a surviving spouse to participate in a deceased sfouse's estate, whether arising under the laws of Pennsylvania, dry other state, Commonwealth or territory of the United States!, or any other country, or any rights which either party may hav$ or at any time -14- II hereafter have for past, present or future support )r maintenance, alimony, alimony pendente lite, counsel f~:!s, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only exc~pt, all rights and agreements and obligations of whatsoever nat lre arising or which may arise under this Agreement or for th$ breach of any provision of this Agreement. 22. PERSONAL RIGHTS Wife and Husband may and shall at all time~ hereafter live separate and apart, Each shall be free from any cont 01, restraint, interference or authori ty, whether direct or indinh t, by the other I in all respects as fully as if he or she were unma ried. Each may also reside at such place or places as he or she ~ y select. Each may, for his or her separate use or benefit, condub , carryon and engage in any business, occupation, profession or ~nployment which I to him or her may seem advisable, Wife and Hu~ )and shall not molest, harass, or malign each other or the respecf've families of each other, nor compel or attempt to compel the othEr to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claim3, liabilities, debts, obligations, actions .and causes of action of every kind that have been or will be incurred relating to or ar' sing from the marriage between the parties, except that nei ther pc rty is relieved or discharged from any obligation under this AgrE ement, Neither party will interfere with the use, ownershipl, enj oyment or disposition of any property now owned by or hereaf er acquired by the other, 23. WAIVER OR MODIFICATION TO BE IN WRITING No modification, rescission, amendment or wait i terms hereof shall be valid unless in writing an~ parties and no waiver of any breach hereof or d4 , shall be deemed a waiver of any subsequent default i similar nature. Any oral representations o~ i -15- r of any of the signed by both ault hereunder of the same or modifications I! i concerning this instrument shall be of no force or b fect excepting a subsequent modification in wri ting, signed by ithe party to be charged, 24. MUTUAL COOPERATION Each party shall on demand execute and deliVEr to the other party any deeds, bills of sale, assignments, conse~ s to change of I beneficiaries of insurance policies, tax retur~s, and other documents, and shall do or cause to be done evelr.f other act or thing that may be necessary or desirable to =ffectuate the provisions and purposes of this Agreement, Iif either party unreasonably fails on demand to comply with these p ovisions, that party shall pay to the other party all attorney's ~=es, costs, and other expenses reasonably incurred as a result of uch failure. 25. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated J:: V it construed and enforced in accordance with tHe laws Commonwealth of Pennsylvania. shall of be the 26. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inurE to the benefi t of the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns a~( successors in any interest of the parties. 27. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior cgreements and I negotiations between them. There are no representait' ons other than those expressly set forth herein, 28 . ENTIRE AGREEMENT Each party acknowledges that he or she has ca~Efully read this Agreement that he or she has discussed its prolv'sions with an , attorney of his or her own choice, and has execute~ it voluntarily and in reliance upon his or her own attorney;i and that this -16- ... instrument expresses the entire agreement concerning the subjects it purports to cover. i II betwl n the parties 29. OTHER DOCUMENTATION Wife and Husband covenant and agree that they \ ill forthwith, I and within ten (10) days after demand therefore,! ecute any and all written instruments, assignments, releases,. satisfactions, deeds, notes or such other writings as may b~ necessary or desirable for the proper effectuation of this Agr1 ment, 30. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement, The failure of either party to insis upon strict performance of any of the provisions of this Agree~ nt shall in no way affect the right of such party hereafter to enf rce the same, nor shall the waiver of any breach of any prov~ ion hereof be construed as a waiver of any subsequent default 0 the same or similar nature, nor shall it be constructed as a wa'ver of strict performance of any obligations herein. 31. SEVERABILITY The parties agree that each separate obligatio contained in this Agreement shall be deemed to be a separate a d independent covenant and agreement. If any term, condition, claus or provision of this Agreement shall be determined or declare to be void, unenforceable or invalid in law or otherwise, that term, condition, clause or provision shall be from this Agreement and in all other respects this Agreement valid and continue in full force, effect and operation, Likewise, the failure of any party to meet her or his obligations anyone I or more of the paragraphs herein, with the tion of the satisfaction of the conditions precedent, shall in void or alter the remaining obligations of the parties. -17- , ~ 32. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several subparagraphs hereof are inserted solely for reference and shall not constitute a part of thi~ shall they affect its meaning, construction or eff$ aragraphs and onvenience of nor EXECUTED in triplicate on the day and written. first above Commonwealth of Pennsylvania County of (1(/1/6;: Iu /( c( ss /jC) (j , On this, the f!.L day of -h 1// {./u. 1,)12007, before me e undersigned officer, personally appeared Jessica R. Falvo, kno to me (or satisfactorily proven) to be the person whose name is su scribed to the within instrument, and acknowledged that he executed th same for the purpose therein contained. IN WITNESS WHENOR~~:^: "~,,. have here unto se~.. '. ::.h..a.nd/aLc~dl. otar;;:ia.J S78.. . -- """ ' . . '/~. ' j ( i;c:<fC~ ANNEm PERKJNS L d. (. . '~.; ;r- . NotaryPub4lc Notary PubllC CMl'HILOIOUlaH.~W)COUNIr _Coi...y~ __~ 22, 2009 Commonweal County of Cc".., ber>k-tF1CI ss On this, the ;;)/'}~day of Fe.brtX<.f'l 2007, before me t officer, personally appeared Aidan J. Falvo, kno satisfactorily proven) to be the person whose name is sub within instrument, and acknowledged that he executed tti purpose therein contained. e undersigned to me (or cribed to the same for the IN WITNESS WHEREOF, I have here unto set my hand an~ otarial seal, ~:b~~f/yC~ -18- .. NOTARIAL BECKY M. kNISELY, ===, <.~'\t~.<. ,l~ '>- ,...~~ ..~,",-",,,,.,,-,,,,. :~t1Y~~" ...tJ:'~ ..j :t;'",.....~ ~1>'l'J( ,..) i':1o'~"#! ':; ;'k~O\~",)Ia .~~ t1I)O)' .li'l< \lJ\.lli8Il'Qd "'.l"~:) ~ --;"""', ~. I~ .' r-~ C.";J ,::.:) ."~....J o -rl ::? f1if~ -~. :" /J :",d :;;~ f0 ~_. ~~ ;:'i' \ C'; '.' (; 1 ::< !l Jessica R. Falvo, Plaintiff IN THE COURT OF c1 OF CUMBERLAND COillf PENNSYLVANIA PLEAS vs. Aidan J, Falvo, Defendant CIVIL ACTION NO , 06 - 5 7 05 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST l\:1 OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE D~ CODE 1, A Complaint in divorce under ~ 3301 (c) of the! ivorce Code as filed on September 28, 2006 and served on i counsel for efendant on October 13, 2006. (See Acceptance of $ rvice filed ovember 2, 2006.) The marriage of Plaintiff and Defendant is i retrievably roken and ninety (90) days have elapsed from the da e of filing service of the Complaint. 3. I consent to the entry of a final decree in otice. I understand that I may lose rights concerni g alimony, limony pendente lite, division of property or la er fees or xpenses if I do not claim them before a divorce is 9 I understand that I will not be divorced unti a Divorce ecree is entered by the Court and that a copy of the ecree will e sent to me immediately after it is filed with the pr thonotary. Plaintiff's and Defendant's Waiver of Notice i ~3301(c) ivorce are being filed with the Prothonotary as a pa t of their espective consent documents, I verify that the statements made in this affidav't are true nd correct, I understand that false statements herei are made ubject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn alsification to authorities, o2}'L\?iOl ....') (~:- r-.;t i:.;} o "Tl :2:n ,;le:. \ ~ i t? I_~_, ..1.-~; -:" ~ .,-) .:~:'";'~, ~;~~\ '[-(1 ::::\ i~1 t.n CJI :-.g --- \I essica R. Falvo, Plaintiff ! IN THE COURT OF C~ OF CUMBERLAND COmV PENNSYLVANIA . PLEAS idan J, Falvo, Defendant CIVIL ACTION NO . 06 - 5 705 IN DIVORCE CODE vs. DEFENDENT'S AFFIDAVIT OF CONSENT AND: WAIVER OF NOTICE OF INTENTION TO REQUEST ~ OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE q A Complaint in divorce under ~ 3301(c) of as filed on September 28, 2006 and served efendant on October 13, 2006, (See Acceptance ovember 2, 2006.) the Divorce Code on' counsel for of is rvice filed The marriage of Plaintiff and Defendant is i retrievably roken and ninety (90) days have elapsed from the dp e of filing service of the Complaint. I consent to the entry of a final decree in otice. I understand that I may lose rights concerqi g alimony, limony pendente lite, division of property or la. er fees or xpenses if I do not claim them before a divorce is ranted, I understand that I will not be a Divorce ecree is entered by the Court and that a copy of the Decree will e sent to me immediately after it is filed with the P othonotary, Plaintiff's and Defendant's Waiver of Notice n ~3301(c) ivorce are being filed with the Prothonotary as a pp t of their espective consent documents, I verify that the statements made in this affida 't are true nd correct, I understand that false statements here n are made ubject to the penalties of 18 Pa. C,S. ~4904 relatin~ to unsworn alsification to authorities. ~-b. Z&+h zaJ7 ~ '-~ c:::> --...r o -n ~E ::ft ; . ~~_.i "~." ~;;.' ~........ ..i ~~1 fi1 .t~ :.< -~ -.;'~" :::.;..-;. -~..../ "-1.::-, _.~~.. N C,n 0-, Ii Jessica R. Falvo, Plaintiff IN THE COURT OF d OF CUMBERLAND CO PENNSYLVANIA vs. Aidan J. Falvo, Defendant CIVIL ACTION NO. 06-5705 IN DIVORCE PRAECIPE TO: Prothonotary of Cumberland County ON PLEAS Y Please withdraw Counts I and III of the Compl int in Divorce in this matter. '---.- ' ~ =-- Mary A. Ett r Dissinger Attorney fo Plaintiff Supreme Cou t ID #27736 28 N. 32~ S reet Camp Hill, A 17011 (717)975-28 0 cc: Andrew Sheely, Esquire r-.;) c:::> = --J -- ::.;~; ~- -'1 ...-~ - -, ,~ -'",'" _'b~'" N ., C'l C..., -------- essica R. Falvo, Plaintiff IN THE COURT OF CO ON PLEAS OF CUMBERLAND comiJ Y PENNSYLVANIA vs. idan J. Falvo, Defendant CIVIL ACTION NO. 06-5705 IN DIVORCE PRAECIPE TO TRANSMIT RECORD Prothonotary: Transmit the record, together with the followin information, o the Court for entry of a divorce decree: Grounds for divorce: of the Divorce Code. Irretrievable brea down under ~ 2. Date and manner of service of the Compla nt: October 3, 2006, by Acceptance of Service on Defendant's co nsel, Andrew Sheely, Esquire. 3. Date of execution of the Affidavit of con y ~ 3301(c). of t~e Divorce Code: By Plaintiff efendant ;2..1;;..(; :(7 . ate: '3 II/[( DISSINGER AND DISSIN 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in iled with the Prothonotary :.:;"/I/I( I Date Defendant's Waiver qf/Notice in ~ 33 l(c) Divorce i1ed wi th the Prothonotary: ~;~/// 0 Respectfully submitte , Mary A. Etter Dissinge Attorney for Plaintiff Supreme Court ID # 277 28 N. 32nd Street Camp Hill, PA 17011 717-957-3474 c: Andrew C. Sheely, Esquire (""1 C'::" \ ~ <-~ --' o -.. :? F:i~ f:? ~,~; .......) (:-> -0 -. '~~ -ri --;;: C;:.) '""..r;'1 -'::\ :1~ .< 1"'3 en _J ff. <Ii '" <Ii '" ff. ff. [Ii ff.ff.ff.ff. ~ :to ;!;;!;~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. ff. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. STATE OF JESSICA R. FALVO No. 06-5705 'f. 'f. 'f. 'f. 'f. 'f. 'f. PLAINTIFF VERSUS AIDAN J. FALVO 'f. 'f. 'f. 'f. 'f. nF.FF.NnANT DECREE IN DIVORCE MJ~ AND NOW, o::r ~. .~ /'M · ,,...? , IT IS ORDERED AND JESSICA R. FALVO , PLAINTIFF, DECREED THAT AND AIDAN .1 _ FA T.VO , 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; THE MARRIAGE SEPARATION AGREEMENT, SIGNED BY THE PARTIES ON 2 , IS HEREBY NOT MERGED. PROTHONOTARY ~~ ~~ff."'''' 'f. 'f. ff.ff. 'f. 'f.'f.'f.'f.'f.'f.'f.ff.'f.ff. ff.ff. 'f.'" ~ 'f. 'f. ff."'~,+; ff. ff. 'f. ff. ff. 'f. 'f. 'f. 'f. 'f. 'f. ff. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. [f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. J. 'f. 'f. 'f. ff. 'f. 'f. 'f. 'f. 'f. ff. .. _ 4rt 'J ~ ~J{. 1j(). ~ - [ ~ ff! ~~~j!'9 10-/>-(. , . '. ,~\ e". \ r II I IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jessica R. Falvo, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Aidan J. Falvo, Defendant CIVIL ACTION NO. 06-5705 IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 6th day of March, 2007, hereby elects to retake and hereafter use her previous name of Jessica R. Heatherly. r COMMONWEALTH OF PENNSYLVANIA ss : COUNTY OF CUMBERLAND : On the 5- day of ~ ' 2007, before me a Notary Public personally appeare Jessica R. Heatherly (a.k.a. Jessica R. Falvo), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have ~ ~~ __ I /f;LL ~ / L; Notary Public hereunto set my hand and official NONW. SEAL NM11i I'iRICM NCIICIY N* CIIII1H1LIQIOUtiIM. 01 JR ~CCUNIY .., O"'MJlllon...... 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