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PROPERTY SETI'I.EMENT AGREEMENT
TInS AGREEMENT, made this / 91h day of .aCen?A--t.. . 2002, by and
between Michael Q. Davis, hereinafter called "Husband", and Elizabeth K. Davis, hereinafter caUed
"Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally married on August 24, 1974;
WHEREAS, three children were born of this maniase: Michael Q. Davis, Jr., born March
10, 1979; John p, Davis, bom November 30, 1980; and William D. L. Davis, born May 26, 198~;
WHEREAS, differences have arisen between HusbNld and Wife in consequence of which
they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and detennine their rights and obligations.
NOW TIiEREFORE, in consideration of the premises and covenants contained herein, it is
aifeCd by and between the parties hereto that:
1. SEPARATION.
It shall be lawful for each party at all times hereafter to live separate and apart from each
other at such place as he or she from time to time shall choose or deem fit. The foregoing provision
shall not be taken as an .ulmission on the part of either party of the lawfulness or unlawfulness of
the causes leading to their living apart.
2. INTERFERENCES.
Each party shall be free from interference, authority and control by the other, as fully as if
he or she were single and unmarried, except as mllY be necessary to ClIIT)' out the provisions of this
Agreement. Neither party shal1 molest or attempt to endeavor to molest the other, or in any WIY
harass or malign the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other. Each of the parties hereto completely understands and agrees that neither shall
do or say anything to the children of the parties at any time which might in any way influence the
children adversely asainst the other party.
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3. DMSION OF RF..4.L PROPERTY AND PROPERTY ~RE~TS.
Wife sha1I retain as her sole and separate property the following real estate:
A. A second mortgage on the property located at 809~ South Front Street,
Harrisburg Dauphin County, Pennsylvania held in Wife's name individually. It Is acknowledged
by the parties that the title holder oftbe real estate, Linda Delia, has filed for bankruptcy.
B. 68 acres In Stoney Creek, Dauphin COW'lty, Pennsylvania presently titled in the
name ofElizabcth K. Davis and W. Minster Kunkel.
C. 829 Mcadow Lane, Camp Hill, Cumberland County, Pennsylvania conveyed as
llglft from Wife's father to Wife in September 2001.
D. All right, title and interest held by the parties individually or jointly in the
Bridgeport Development in Wonnleysburg, Cumberland County, Pennsylvania. It is understood by
the parties that this interest Is in the nature of stock ownership in B corporation, and that the said
stock reflected a forty (40%) percent ownership interest in the Corporation prior to the
Corporation's work out of constrUCtion obligations incurred through the development of the
condominium project. It Is unclear as of the date hereof as to whether any shareholder shall receive
any benefit from this development project.
Husband shall retain as his sole and separate property the following real estak:
A. A lot located at 327 South Front Street, Harrisburg, Dauphin County,
Pennsylvania presently titled in Husband's name individually.
B. Husband's residence located at 423 Summit Avenue, Lemoyne, Cumberland
County, Pennsylvania purchased by Husband after the separation of the parties.
Each of the parties shall execute any documents necessary to waive any claims to the
properties specifically listed herein at the request of the other party. Each of the parties
acknowledge that they have no claim, right, title or interest whatsoever in the properties retained by
the other as specifically set forth herein and each party further agrees never to assert any claim to
the said properties in the future, The transfer of the said properties shall be effective immediately
and shall be binding regardless of the marital status of the parties.
In the event there are financial obligations, debts or liens of record against the said
properties. the party receiving the property in distribution hereunder shall be solely responsible for
any debts related thereto,
4. DIVISION OF PERSONAL PROPERTY.
The parties have di vided between them to their mutual satisfaction, personal effects.
household goods and furnishings and all other articles of personal property which have heretofore
been used in common by them, and neither party will make any claim to any such items which are
now in the possession or under the control of the other. Should it become necessal')', each party
agrees to sign any title or documents necessary to give effect to this paragraph, upon request.
5. STOCI<.
The parties are the owners of Apple Computer stock shares which were a gift from Wife's
grandfather. The said shares in Apple Computer shall be Wife's sole and separate property and are
presently titled in her name individually.
6. COLLEGE EOlJCATION.
The parties' son. Michael Q, Davis, Jr" graduated from the University ofYennont. Michael
Q, Davis, Jr. 's education expenses have been paid in full. The parties' son, Jolm p, Davis, has
completed three years at the University of Colorado, Wife has borrowed money in her name
individually for John p, Davis' education which has generated at present a loan payment of$819.00
per month for a teml 01 ten years, For the upcoming senior year, Wife continues to incur the
liability for the government loan for the education of John p, Davis, Additionally, if the school
which William D. L Davis attends requires any upfront payment of college tuition, Wife will, to
the extent of her ability, continue to incur the liability for the upfront loans for the said tuition with
the understanding that Husband shall, pursuant to this paragraph, make substantial enough
payments to her on a monthly basis to not only cover her out-of-pocket obligation, but also reduce
the amortization of any loans taken out by her, It is the clear intent of the parties that ultimately,
Husband is solely responsible for the educational costs of John p, Davis and William D, L Davis
regardless of Wife's initial borrowing,
In addition to the terms stipulated above, Husband asrees to pay the amount of 51,300.00
per month toward all educational expenses.
In addition to any obligations Husband assumes hereunder, Husband shall make a bonafide
effort to secure college education loans for John P. Davis and William D. L. Davis in Jddition to
any loans secured by Wife in order to assist on any upfront tuition expenses.
1n addition to Husband's commitments as contained in this paragraph, Husband shall pay to
Wife on a monthly basis, the sum of $2,000.00 until ell college loans incurred by Wife are paid in
full. This amount is intended to amortize the liability incurred by Wife for the first three years of
the loans taken on behalf of John P. Davis as well as any additionalloll!l5 she may incur as set forth
above for the education of John P. Davis or William D. L. Davis. Since all loans taken out by Wife
are established for a ten year period, it is possible that loans incurred could extend beyond the ten
year period anticipated by tbe parties in the event that Wife incurs debts for William D. L. Davis'
education since he is presently a junior in high school.
With the exception of the provisions regarding the loans as set forth above, ell other college
expenses for the parties' children to include room, board, tuition, books and fees shall be paid by
Husband.
Husband's responsibility for college education expenses for the children will be enforceable
through the Court of Common Pleas, Cumberland County. Pennsylvania upon petition by Wife.
7. CHlt.O SUPPORTIEOUIT ABLE DlSTRmllTION.
Husband shall pay to Wife support for the parties' children through their years of advanced
education including any post graduate courses in the sum of $2,000.00 per month. In any event,
Husband is obligated to pay the said sum for a period often (10) years (120 months) from the date
of this Agreement This payment is in addition to the $2,000.00 payment set forth in Paragraph 6
hereof. Upon the completion of the la.m child's advanced education as more particularly set forth
herein, the said payments shall continue in the fonn of equitable distribution of marital property for
the tenn stipulated above. The aforementioned payments shall be made directly to Wife, but may
be, upon Wife's petition, entered as an Order of Court in the event of a default and, after notice to
Husband, there is. failure of Husband to continue payments of the said amount pursuant to this
parqraph. The said payments sha1l be made within the first five (5) days of each month.
8. UFE INSlTRANCE.
Husband presently holds policies of life insurance with a death benefit of $250.000.00.
Husband BiRes that he sball desisnate Wife as i1Tevocable beneficiary on the said insurance until
his financial obligations pursuant to this Agreement are completed. Husband shall provide Wife
with evidence of the irrevocable beneficiary designation upon requeS\ on no more than an annual
basis.
9. BANKRUPTCY.
If Husband flies for banlauptcy to discharge any fmandal obligations set forth in this
Agreement, this Agreement shall constitute conclusive evidence of the parties' intent that the
financial obligations set forth in this Agreement are in the nature of support and maintenance and
are not dischargeable in bankruptcy under the current bankruptcy law or any amendment thereto.
Further, if HlL'lband institutes an action in bankruptcy or any other bankruptcy proceeding is
instituted in which Wife's financial rights under this Agreement become a matter for judicial
review, HlL'lband agrees to consent to any motion filed by Wife with the bankruptcy court
requesting that the bankruptcy court abstain from deciding the dischargeability of the obligation so
as to allow the Court of Common Pleas, Cumberland County to rule on the issue.
lifor any reason Husband is successful in baving his financial obligations under this
Agreement discharged in bankruptcy, the parties agree that this Agreement shall be null and void
and, as a resolution of Wife's claims in the divorce action, the Court of Common Picas,
Cumberland County shall retain jurisdiction to address the said issues and Wife sba1l have the right
to prosecute any economic claims waived in the Property Settlement Agreement as if the
Agreement had never been entered and any obligations established by the court shall be effective
retroactive to the date of the discharge in bankruptcy.
10. MARITAL DEBTS.
The parties acknowledge that there was a debt created during the marriage to Frank
Masten. Specifically, in addition to the lan8U8ie set forth herein, Husband aarees to be solely
responsible for the oblillation to Mr. Masters. In the event the said Frank Masters recovers any
monies from any assets distributable to Wife under this Agreement including. but not limited to, the
Bridseport Development, Husband sball, within thirty (30) days of the date of notice by Wife of the
recovery of monies from her, pay to Wife the amount collected by Mr. Masters pUllllWlt to the
obliiation of Husband. HusbDl1d shall assume sole and complete responsibility for all other debts
arisinS out of the marriage and he shall indemnify and hold hannless Wife on said debts.
11. BREACH.
If either party breaches any provision of this Agreement, the other party shall have the risht,
at his or her election, to sue for damages for such breach. The party breaching this conlrllCt shall be
responsible for the payment of legal fees and costs incurred by the other in enforcing his or her
rights under this Agreement, or seeking such other remedy or relief as may be available to him or
her.
12. FULL DlSCLOSIJRE.
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, and of all other facts relating
to the subject matter of this Agreement to which such party may reasonably require to make an
infonned decision regarding this Agreement.
13. ADDmONAL INSTRUMENT.
Each ot"the parties shall on demand exeCUle and deliver to the other any deeds, bills of sale,
assignment, consents to change of beneficiary on insurance policies, tax returns and other
documents and do or caused to be done any other act or thing that may be necessary or desirable to
the provisions and purposes of this Agreement. If either party fails on denland to comply with this
provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable
incurred as a result of such failure.
14. WIFE'S DEBTS.
Wife represents and warrants to Husband that since the panies' separation she has not and in
the future she will not contract or incur any debt or liability for which Husband or bls estate migbt
be respoDllible and shall indemnify and save Husband barmiess from any and all claims or demands
made aaainst him by reason of debts or obligatioll5 incurred by her.
15. HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since the parties' separation he bas not and in
the future he will not contract or incur any debt or iiability for which Wife or her estate might be
respDll5ible and shall indemnify and save Wife harmless from any and all claims or demands made
aaainst her by reason of debts or obligations incurred by him.
16. W AIVEIt.~ OF CLAIMS AGAINST EST A TES.
Except as herein otherwise provided, each pany may dispose of his or her property in any
way, and each pany hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire, under the present or future laws of any jurisdiction, to slwe in the property or the
estate of the other as a result of the marital relationship, including without limitation, dower, curtsy,
statutory allowance, widow's allowance, right to take in intestacy. right to take against the Will of
the other, and right to act as administrator or executor of the other's estate, and each will, to the
request of the other, execute, acknowledge, and deliver any and all instruments which may be
necessary or advisable to carry into effect this mutual waiver and relinquishment of all such
interests, rights and claims.
17. REPRESENTATION.
It is recognized by the parties hereto that Elizabeth K. Davis is represented by John J.
Connelly. Jr., Esquire, and Michael Q. Davis is unrepresented by counsel and has a right to have
this Agreement reviewed by cOWlSel. It is fully understood and agl'CC'.d that by the signing of this
Agreement, each party understands the legal impact of this Agreement and further acknowledges
that the Agreement is fair and reasonable and each pany intends to be legally bound by the terms
hereof.
18, VOLUNTARY EXECUTION.
The provisions of this Agreement are fully understood by both parties and each party
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acknowledges that this Aareement Is fair and equitable, that it is being entered into voluntarily and
that it Is DOt the result of any duress or wtdue influence.
1'. ENTIRE AGREEMENT.
This Asreement contains the entire wtderstanding of the parties and there lire no
representations, wammties, covenants or wtdertakings other than those expressly set forth herein.
20. PRIOR AGREEMENT.
It is understood and agreed that any and all property settlement agreements which mayor
have been executed prior to the date and time of this Agreement are null and void and of no effect.
21. MODIFICA nON AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of either
party to insist upon strict perfonnance 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.
22. GOVERNING LAW.
This Agreement shall be governed by and shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
23. INDEPENDENT SEJ ARATE COVENANTS.
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent covenant and agreement.
24. vom CLAlISES.
If any tenn, condition, clause, or provision of this Agreement shall be detennined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation.
25. ENTRY AS PART OF DECRFE.
It is the intention of the parties that this Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order, judgement or decree of divorce,
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ELIZABETH K. DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY/ PENNSYLVANIA
NO. qq, ,3CjwS
CIVIL ACTION -LAW
IN DIVORCE
vs.
MICHAEL Q. DAVIS,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you must take
prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to yo~. including custody or visitation of your children.
When t'le ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may re~uest marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Courthouse, 1
Courthouse Square/ Carlisle, Pennsylvania 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
MICHAEL Q. DAVIS,
Defendant
IN DIVORCE
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q4. .1';(cS
CIVIL ACTION - LAW
EI,IZABETH K. DAVIS,
Plaintiff
AFFIDAVIT
Elizabeth K. Davis, being duly sworn according to law,
deposes and says:
1. I have been advised of the availability of marriage
counseling and understand that I may request that the Court require
that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of
marriage counselors in the Prothonotary's Office, which list is
available to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in the counseling prior to
a divorce decree being handed down by the Court.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
, ',~l~ttrr:
DAVrS /
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
11 )"t('
NO. (1 .:;1,) i.'1)
CIVIL ACTION - LAW
I,
ELIZABETH K. DAVIS,
Plaintiff
MICHAEL Q. DAVIS,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1. Plaintiff is Elizabeth K. Davis, who currently
resides at 829 Meadow Lane, Camp Hill, Cumberland County,
Pennsylvania 17110.
2. Defendant is Michael Q. Davis, who currently resides
at 06655-067, F.P. Camp, Box 2000, Lewisburg, Union County,
Pennsylvania 17837.
3, plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for a period of more than six (6)
months immediately preceding the filing of this Complaint.
4. The Parties were married on August 24, 1974 in
Harrisburg, Dauphin County, Pennsylvania.
5. Neither plaintiff nor Defendant is in the military or
naval service of the United States or its allies wi thin the
provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
6. There has been no prior action for divorce or
annulment instituted by either of the parties in this or any other
jurisdiction.
7. The Plaintiff has been advised that counseling i8
available and that Plaintiff may have the right to request that the
Court require the parties to participate in counseling.
COUNT I,
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 3301tcl OF THE DIVORCE CQQI
8. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
9. The marriage of the parties is irretrievably broken.
10. 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.
WHEREFORE, if both Parties file affidavits consenting to
a divorce after ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff respectfully requests the Court
to enter a Decree of Divorce pursuant to Section 3301(c) of the
Divorce Code.
COUNT II.
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 3301tdl OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
12. The marriage of the Parties is irretrievably broken.
13. The parties are living separate and apart and at the
appropriate time, Plaintiff will submit an affidavit alleging that
tha puctios have lived separate and apart for at least two years as
specified in Section 3301(d) of the Divorce Code.
COUNT III./
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTIONS 3323. 3501, 3502 and 3503
OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
15, Plaintiff requests the Court to equitably divide,
distribute or assign the martial property between the parties
without regard to marital misconduct in such proportion as the
Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests the Court to
enter an order of equitable distribution of marital property
pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code.
COUNT IV.v'
REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY
DESIGNATIONS OF EXISTING POLICIES INSURING
LIFE AND HEALTH OF BOTH PARTIES UNDER SECTION 3502(d) OF
THE DIVORCE CODE
16. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
17. During the course of the marriage, Defendant has
maintained certain health, life and death insurance policies for
the benefit of Plaintiff and Defendant.
18. Pursuant to Section 3502 (d), Plaintiff requests
Defendant be directed to continue maintenance of said policies.
WHEREFORE, Plaintiff respectfully requests that, pursuant
to Section 3502(d) of the Divorce Code, the Court enter an order
directing Defendant to continue to maintain certain life and health
insurance policies for the benefit of Plaintiff and Defendant.
COUNT V. v
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY UNDER
SECTIONS 3701, 3702 and 3704 OF THE DIVORCE CODE
19. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
20. Plaintiff is unable to sustain himself during the
course of litigation,
21. Plaintiff lacks sufficient property to provide for her
reasonable needs and is unable to sustain herself through
appropriate employment,
22. Plaintiff requests the Court to enter an award of
spousal support and/or alimony pendente lite until final hearing
and thereupon to enter an order of alimon~ in her iavor pursuant to
Sections 3704 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to
enter an award of spousal support and/or alimony pendente lite
until final hearing and thereupon to enter an order of alimony in
her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce
code.
COUNT VI. "
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER SECTION 3702 OF THE DIVORCE CODE
23. The prior paragraphs of this Complaint are
incorporated herein by reference thereto,
24. Plaintiff has employed Edward J. Weintraub, Esquire,
to represent her in this matrimonial cause.
25. Plaintiff is unable to pay his counsel fees, costs
and expenses and Defendant is more than able to pay them.
26. Defendant is employed and has the ability to pay
Plaintiff's counsel fees, costs and expenses.
27, Reserving the right to apply to the Court for
temporary counsel fees, costs and expenses prior to final hearing,
Plaintiff requests that, after final hearing, the Court order
Defendant to pay plaintiff's reasonable counsel fees, costs and
expenses.
WHEREFORE, Plaintiff respectfully requests that, pursuant
to Sections 3702 ot the Divorce Code, the Court enter an order
directing Defendant to pay Plaintiff' s reasonable counsel fees,
costs and expenses,
COUNT VII. .j
REQUEST FOR CONFIRMATION OF CUSTODY
UNDER 55 30l4(A) and 3323 (B)
OF THE DIVORCE CODE
28. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
29. The parties are ~he parents of the following
unemancipated children who resides with Plaintiff I
Michael Quinn Davis 15
John Patrick Davis 13
William David Lee Davis 9
M
M
M
, DATE OF BIRTH
March 10, 1979
November 30/ 1980
May 26, 1985
HAU ME
JU;X
30. During the past five years / the children have
resided with the following parties at the addresses herein
indicated.
8/28/92 11/1/93 Plaintiff and
Defendant
ADDRESSES
55B River Road
Harrisburg, PA
829 Meadown lane
Camp Hill, Pa
829 Meadow Lane
Camp Hill, PA
31. Plaintiff has not participated in any other
UQM IQ WITH WHOM
Birth 8/28/92 Plaintiff and
Defendant
11/1/93 Present Plaintiff
litigation concerning the children in this or any other state.
32. There are no other proceedings pending involving
custody of the children in this or any other state,
33. Plaintiff knows of no person not a party to ~hese
proceedings who has physical custody of the children or who claims
to have custody, partial custody or visitation rights with respect
to the children.
34. The best interests of the children will be served if
custody of them is confirmed in Plaintiff, with Plaintiff and
Defendant to share legal custody and Plaintiff to have primary
physical custody and Defendnt to enjoy liberal partial physical
custody.
WHEREFORE, Plaintiff respectfully requests that, pursuant
to 5S 3104(a)(21 and 3323 (b) of the Divorce Code, the Court enter
an Order confirming custody of the children in Plaintiff.
COUNT VI II. 0/
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
35. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
36. The public policy of the Commonwealth of pennsylvania
encourages parties to a marital dispute to negotiate a settlement
of their differences.
37. While no settlement has been reached as of the date
of the filing of this Complaint, Plaintiff is and has always been
willing t negotiate a fair and reasonable settlement of all
matters with Defendant.
38. To the extent that a written settlement agreement
might be entered into between the parties prior to the time of
hearing on this Complaint, plaintiff desires that such written
agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving the marriage between the
parties.
WHEREFORE, if a written settlement agreement is reached
between the Parties prior to the time of hearing on this Complaint,
Plaintiff respectfully requests that, pursuant to Section 3104
of the Divorce code, the Court approve and incorporate such
a9reement in the final divorce decree.
, Date:
BYI
EDWARD J. WE TRAUB,
130 Walnut Street
Harrisburg, PA 17110
(717) 238-2200
10 U 7441
ATTORNEY FOR PLAINTIFF
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VERIFICATION
plaintiff, Elizabeth K. Davis, verifies that the
statements made in this Complaint In Divorce are true and correct.
plaintiff understands that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: ~;0~}J~1
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ELIZABETH K. DAVIS,
PLAINTIFF
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 94-3568 CIVIL
MICHAEL Q. DAVIS,
DEFENDANT
: CIVIL ACTION. I.A W
: IN DIVORCE
1)1~J\f.CIPF. TO TI~ANSMJT IUO:COIU>
To the Prothonotary:
Transmit the record, together with the following infonnation, to thc Court for entry ora
Divorce Dceree:
I. Ground lor divorce: irretrievable breakdown under Section (XX) 3301(c) ( )
3301(d) of the Divorce Code.
2, Date and manncr of service of the Complaint: July IS, 1994, Acceptance of
Scrvice signcd by the Defcndant, Michael Q. Davis.
3, Complete either paragraph (a) or (b),
(a) Date of execution ofthc Affidavit of Consent and Waivcr of Counseling
required by Scction 3301(c) of the Divorcc Code: by Plaintilf: December 19,2002; Defendant:
December 19,2002,
(b) (1) Date ofcxecution ofthc Plaintifl's Affidavit rcquired by Section 3301(d) of
the Divorce Codc:
(2) Date of service of the Plaintifl's Affidavit upon the Defcndant:
4, Related claims pending: All claims of record have been resolved and settled pursuant to
a Property Settlcment Agrccmcnt dated Dccember 19, 2002.
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IN THE COURT OF
J'~~t;jrll.,f3YrY ,
NO. 94-3568
: CIVIL ACTION - LAW
IN DIVORCB
COMMON PLBAS
PBNNSYLVANIA
BLIZABBTH K. DAVIS
Plaintiff
MICHABL Q. DAVIS
Defendant
ACCBPTANCB OP SBRVICB
I, Michael Q. Davis, Defendant in the in the above-
captioned action in divorce, hereby affirm and
the Complaint in Divorce as of \ jult / I)
above-captioned action.
accept service of
19K, in the
DATB:
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MICHAEL Q. DAVIS
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JAMl!S, SMITH. DURKIN" CONNELLY. LLP
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ELIZABETH K. DAVIS,
Plaintiff
: IN THE COURT OF COMMON PLF.AS
: CUMBERLAND COUNTY. PENNSYL V ANlA
: NO. 94 3568 CIVIL
v,
MICHAEL Q. DAVIS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO WITHDRAW CLAIMS
, TO THE PROTHONOTARY:
Please withdraw the claims for Equitable Distribution, Maintenance and Beneficiary
Designations of Existing Policies Insuring the Life and Health of Both Porties, Spousal Support
and/or Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, Confinnation of
Custody and Approval of Any Settlement Agreement and Incorporation in Divorce Decree in the
above-captioned divorce action.
JAMES, SMITH, DURKIN & CONNELLY LLP
Date:~
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ELlZABETlI K. DAVIS,
Plointi!r
: IN TilE COURT OF COMMON PLEAS Of
: CUMBERLAND COUNTY,PENNSYLVANIA
v,
: NO. 94 .3568
MICHAEL Q. [M VIS.
Dclcndunt
: CIVIL ACTION - LAW
: IN DIVORCE
"LAINTIFPS AF..-mA VIT OF CONSENT
I, ^ Complaint in Divorce under Section 3301(c) of thc Divorce Code wos tiled on
Junc 30, 1994.
2, Thc nlllrriagc of thc I'luintiff und Defcndant is irretricvably broken. and ninety days
have c1apsed li'omthe datc of both the Ii I ing and servicc of the COl11plaint.
3, I conscnt to Ihe entry of u linul ,kerec of divorce uncI' service of Notice of Intention
to requcst entry of the l)ccree,
WAIVEI~ OF NOTICE O..-INTENTION TO IU:Ot1F.ST ENTnV OF A J)JVOI~Cf:
IlECrmE t INlHm &3JflJ(c) OF TilE J)JVOltCE COilE
I, I conscnt to the entry of u linul Decree of Divorce without notice,
2, I understund thut I may lose rights conccrning alil11ony, division of property,
lawyer's fces or expcnscs if I do not claim thcm bcllll'e u divorce is granted,
3, I understand that I will not be divorced until a Divorce Decree is entered by the
C01l11 and that a copy of the l)ccrce will be sent to me iml11ediately aner it is med with thc
Prothonotary.
I verify that thc stutel11ents Illude ubove are true and correct. I undcrslnnd that false
statcments herein urc mude subject 10 the pcnalties of 18 Pa, C.S,/\, *4904, relating to unsworn
falsilication to authoritics,
Date: I.L - / 't - 0.2
tefl_.J! i)t<JY ,
elh K, Davis, Plaintiff
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LAW O~~ICE
JAMES. SMITH. DURKIN It CONNELLY. LLP
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IlltlQINAL 'IL,O IN THII ACflON
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BLIZABBTH K. DAVIS
Plaintiff
t IN THE COURT OF COMMON PLBAS
t '~HIN COUNTY, PBNNSYLVANIA
: (J'I/)/I)U.II/.-,I)
NO. 94-3568
CIVIL ACTION - LAW
DIVORCE
v.
MICHABL Q. DAVIS
Defendant
AFFIDAVIT OF CONSBNT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on 1""<1 .n. lQQ,d
2. The marriage of Plaintiff and Defendant is
irretl:evably broken and ninety (90) days have elapsed from the
date ot service and filing of the Complaint.
3. I consent to the entry of a Final Decree of Divorce
after service of notice of intention to request entry of the
Decree.
I verify that the statements made in the Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to authorities.
DATE: I,';. - }'-/ - i.. j
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MICHAEl, Q. DAVIS
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LAW OFFICE
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BLIZABBTH K. DAVIS
plaintiff
I IN THB COURT OF
: ;f!MlfiJIlJ -':OUNTY,
I t-tI 11M ,):U-/J.J/J
NO. 94-3568
COMMON PLEAS
PENNSYLVANIA
v.
MICHEAL Q. DAVIS
Defendant
CIVIL ACTION - LAW
DIVORCE
WAIVBR OP NOTICB OP INTENTION TO RBQueST
ENTRY OP A DIVORCB DBCRBB UNDBR SScrION
3301(c) OP THE DIVORCB CODB
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARB
TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A SECTION 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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MICHAEL Q. DAVIS
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ELIZABETH K. DAVIS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 94 . 3568
MICHAEL Q. DAVIS,
Defendant
: CIVIL ACTION. LAW
: IN DIVORCE
PRAECIPE
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TO THE PROTHONOTARY:
Please change the nwne of the linn and address of John J. Connelly, Jr., Esquire, attorney
for the Plaintiff, Elizabeth K. Davis, in the above-captioned action as follows:
JAMES, SMITH, DURKIN & CONNELLY LLP
Street Address:
134 Sipe Avenue
Hummelstown, PA 17036
Mailing Address:
Post Office Box 650
Hershey, PA 17033
Date: 5 J j1 ) 00
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