HomeMy WebLinkAbout96-01769IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
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DECREE IN
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decreed that .... .-
`_...... :...................... plaintiff, ;•,
and . . . . . . . . . . . .... . . .
. 'r:=:a ................................ 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;
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SEPARATION AGREEMENT AND PROPERTY SETT'-EMENT
.. its Agfeerr.ert, made and entered into this - I Fit day of ;ice __, 199;',
b?tv een Pawn Lynn Gittings, of Cumberland County, Pennsylvania, hereinafter referred to as
Uif ?", a i I Jams Karreth Gittings, of Cumberland County, Pennsylvania, hereinafter referred !o
Is 'I ILrb=nc'.
VNEREAS, the parties hereto are now Wife and Husband, having been lawfully married to
each of hr l on Oe-tocer 2, 1993, in Cumberland County, Pennsylvania;
V/ -IF'REAS, t'nen; have been two children born to this marriage between Husband and V lfe,
1'.) W : Chelsea M. Gittings DOB 8/23/91
Paige B. Gittings DOB 3/23/94
WHEREAS, the parties hereto are now living separate and apart and desire to enter into an P
f,grecrrenl respecting their property rights, regardless of the actual separation or other character
there A arc' their other rights, including the Wife's right to support and maintenance;
WHEREAS, both and each of the parties hereto have been advised of their legal rights and
r1 e inplicatiols o- this Agreement and the legal consequences that may and will ensue from the
e tecctic n t er aof, and each has had the opportunity to consult with his or her own competent legal
cnrns el inJ?perd?ant of each other,
Wh EREAS, each party warrants, as part of the consideration of this Agreement, that each
h, is, fo lly an i completely disclosed all information of a financial nature requested by the other, and thst
nn inf,rnator of such nature has been subject to distortion or in any manner being misrepresented;
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1NH-F1EA'S, other than as set forth herein, Wife desires finally and forever to relinquish all of
ier rig it!; to be supported by the Husband and all of her right of dower, rights as heir or surviving
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spouse or otherwise, actual, currently existing, or inchoate, in and t: th9 RAI
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the Husband, now owned by him or which in the future may be owr f t ty I n as i II i : k
alimony, alimony pendente life, counsel fees, or expenses and other Than s f:,rt 3 e '
likewise wishes to relinquish all his rights of curtesy, rights as heir c, 3LTVi ,, n ,u ; : r ~
actual and currently existing or inchoate in and to the real and persc at est; it A t h C Cif
owned by her or which she n-ay own in the future.
NOW, THEREFORE, the parties hereto, intending to be leg,3 y bou i( do I i
agree as follows:
1. Separation. Husband and Wife do hereby mutually 3 tree a n :;om - tc
separate and apart and do further agree that it shall be lawful for the I unbar d : n i r i I a i r r
hereafter to live separate and apart form each other, and to reside, frr n Jml! t, tine : i s , :;I
Places as they respectfully shall deem fit, free from any control or rest airt of irt33rfi? re : ra;c:!
indirect, by each other.
2. No Molestation, Harassment or Interference. Neitt er har y r Tall ,r, I>s a
interfere with each other or compel or endeavor to compel the other to rehab t r div i1 itt
by any means whatsoever.
3. Mutual Property and Estate Waiver. Except as oth,3 wise e x n:3s s , eat •°h
herein, in which event such express provision shall take precedence or !r this p iagr,; r tt ; :,;Ur e.
hereto intend that from and after the date of this Agreement, neither sh dl havo ny ;;l is e' n : htn it
the property or estate of the other, and to that end both parties waive, i c ingUis h and ' :,rh=_a
rights of dower or curtesy, rights to inherit, rights to claim or take Husba ?d or 6Ir _•"s o-
exemption or allowance, to be vested with letters of administration or let,ars te:,t rnenlriry, o 'o !E ke
against any will of the other, and each agrees with the other if either sho :ld die it Testa',:, f is : r er
share shall descend to vest in his or her heirs at law, personal represent fives, a A ne"i D,. k
excluding the other as though he or she had died a widow or widower. ! -id each fur'li , agrc :-s that
should the other die testate, his or her property shall descend to and ves: in those pegs. ns se forth iri
the other's Last Will and Testament as though the spouse so designated :Is bere'haary h ad
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er;oi,, it ief E r iently o1 any clair of ric ht of t)s other party, all if n 'S C f PE ;c ra' f r )p y f
kind, na ire rind escrio ion and kherr:soever si:uated which at -I naw owr Ed >r h i a,
hereinaf er !m, one to that particu a- party, wit the full power of tl e pa ty ti ii! posE Of 'E
fully and efl'e :1r.ia! y in all respect. and ''or all purposes if he or s` a Ne: e u n,, rriei
Debts. .rver the co.irss of the marriage the pa- ies h ive aoc,jmE I to ! r rt
-iusbanc James Kenneth Gittirgs h=s been discharged from 'he •rajor t I( f thie dE :! i ?:
bankrupt ;y lncceEding it the Micdle Di,,trict of Pennsylvania at -96.004.1:. It is z rti i t :11
Dawn Ly nn G Itirgs, vA!I also fil !a Bankruptcy Petition in her c rn right. I.pc n the gr l q
bankrupt ;y, 31 issues -ecarding nanIaI debts shall be resolved 2 Icl di ;char gEd.
f . Futuna Debts. The parties further agree that ne ther will hi-u- an t, nr -< it l
tb- wt ich the u' her may bE held liable, and if either party incurs a debt for yr iic h the of r: - fill
I rat party in,:wring such debt will iold the other harmless from ary and all i it ility ;I- sr r'.
g Waiver of Alimo iy. In consideration of the mw .raI acreerrent of t- e :)-r
voluntarih to live srparate and ap art and the provisions containe herein fro tae rer pc:' i b
the partie ; and oth sr go>d and va uable :onsideration, the partie: agree tc rva!ve ary -n i ill
for any al no i y
1 I. Pension. Both parties agree to waive any claim: they may ha ve t.- ari i p ns n
employmc nt ranefits of any kind, Foamed during the marriage, by the other pary.
1 . Divorce. The parties acknowledge that an actior in divorc,a bstwee i':her h; > : r
filed b,r W' fe an:l is presently pending in the Court of Common Plcas of Cu-rbcAard C:un jr,
Pennsylvania b the caoSoi Dawr Lynn Gittings v. James Kerneth Gittings, 93-1i6Ei 'J v -n
Tie pErrtie , ar-lanoWedge their intenticn and agreement to proceed in said action to cWE! n u f n:
clec:rer: in livc roe bit mutra' conse rt on the grounds that their ma riage is irret1evab y bi o en r (11(
nettle amicably and fully he-eby all cla ms raised by either party in 'he divorce action. Th s : art ;s
ac:knowlec ge they have executed s imultaneously herewith the nec sssary Af idavits e Ccn; ert E
entry of a t na vor.e decree in th it action.
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.? It iacl . In tie event that either party breach: ; y rc, i ; n -
r :?E r q. r crt A Dement, he or she shall be responsible ar
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T rcc e r' . ere( f, including but not limited to, court co: t : id -er so = h ; i -
r t wer t of breach, the other party shall have t, : 3h a; h a a 1
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worn anent. The parties agree that this mar se t'eriE 1 - c i r
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` );rs a' r n be enforced in any court of competent juris c i s :)n
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p;)lic. ble Law and Execution. The parties `;a to 3g e. lti;r' t
?; h } t I!rig -' , it E--icnt shall be construed under the laws of the Irr en ve ',tf c f f . a ;
r`. E I b''r t F 3 e ; hereto and their respective heirs, execute : !d ass fc r = 11 ;
?" +{ ce c _ ar c ,,g nal Fond multiple copies.
fI '-)c Entire Agreement. The parties acknowle= ,r air 12 1 ih i . ; r r I it
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c ni rc e ~eit contains the entire understanding of the rr, es 3n f s pi r f 1 0
D 1%,( :n then. There are no other representations, t r -ard e s, i rn i s : c - f :r
a tt ' 1 sta ni ?s t -ween the parties other than those expressly -t or,I here in.
F' r r I-corporation and Judgment for Divorce. In t`ir event the e tf c( t r ;1 :,!ii
ii r fir h; rc a ' =r obt:-rain a divorce in the action for divorce pr;s ntfy p em in
tvr: a, t : m r
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tt c E rrise t? rg-aEmert and all of its provisions shall be incorpar ed in'o any s?rh jud(in
! c e r c r :ty or by reference. The Court, on entry of judgr ent fcr d ti arce • s1,; 11 r: an
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t r a n°crce h p ovisions and terms of this marital settlemen" e, Ireerrenl,
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1 I ?- Ac'd tional Instruments. Each of the parties shall in dernard it,vith ri ir
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F < c fire e; ' er, axccute and deliver any and all other documents nd do or cE;is,a to be d ce : r i
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Agrf ement. If either party fails on demand to comply with this provision, that shall pay to the oth, at; E`
attor ey's fees, costs, and other expenses reasonably incurred as a result of such failure.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year fir.
writt( n above.
WIP 17-SS:
Dawn Lynn Gittings
J es Kenneth Gittings
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF %1'.. PENNA.
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DECREE IN
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ry} AND NOW, 19 it is ordered and ICI
decreed that plaintiff,
and . .. defendant,
are divorced from the bonds of matrimony. f
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been raised of record in this action for which a final order has not yet ;
been entered;
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96- I769c,T.
SEPARATION AGREEMENT AND PROPERTY SETTLEMENT
This Agreement, made and entered Into this` fit day of Afej r_ , 1997,
between Dawn Lynn Glttings, of Cumberland County, Pennsylvania, hereinafter referred to as
"Wife", and James Kenneth Glttings, of Cumberland County, Pennsylvania, hereinafter referred to
as "Husband".
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to
each other on October 2, 1993, in Cumberland County, Pennsylvania;
WHEREAS, there have been two children born to this marriage between Husband and Wife,
to wit: Chelsea M. Glttings DOB 8/23191
Paige B. Glttings DOB 3/23/94
WHEREAS, the parties hereto are now living separate and apart and desire to enter into an
Agreement respecting their property rights, regardless of the actual separation or other character
thereof and their other rights, including the Wife's right to support and maintenance;
WHEREAS, both and each of the parties hereto have been advised of their legal rights and
the implications of this Agreement and the legal consequences that may and will ensue from the
execution hereof, and each has had the opportunity to consult with his or her own competent legal
counsel Independent of each other;
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each
has fully and completely disclosed all Information of a financial nature requested by the other, and that
no Information of such nature has been subject to distortion or in any manner being misrepresented;
and
WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of
her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving
spouse or otherwise, actual, currently existing, or Inchoate, in and to the real and personal property of
the Husband, now owned by him or which in the future may be owned by him, and all rights to
alimony, alimony pendants llte, counsel fees, or expenses and other than set forth herein, Husband
likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise,
actual and currently existing or Inchoate in and to the real and personal estate of the Wife, currently
owned by her or which she may own in the future.
NOW, THEREFORE„ the parties hereto, intending to be legally bound, do hereby mutually
agree as follows:
t. Separation. Husband and Wife do hereby mutually agree and consent to live
separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times
hereafter to live separate and apart form each other, and to reside, from time to time, at such place or
places as they respectfully shall deem fit, free from any control or restraint or interference, direct or
indirect, by each other.
2. No Molestation, Harassment or Interference. Neither party shall molest, harass or
interfere with each other or compel or endeavor to compel the other to cohabit or dwell with him or her
by any means whatsoever.
3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth
herein, In which event such express provision shall take precedence over this paragraph, the parties
hereto Intend that from and after the date of this Agreement, neither shall have any spouse's rights in
the property or estate of the other, and to that end both parties waive, relinquish, and forbear the
rights of dower or curtesy, rights to inherit, rights to claim or take Husband or Wife's or family
exemption or allowance, to be vested with letters of administration or letters testamentary, or to take
against any will of the other, and each agrees with the other if either should die intestate, his or her
share shall descend to vest in his or her heirs at law, personal representatives, and next of kin,
excluding the other as though he or she had died a endow or widower. And each further agrees that
should the other die testate, his or her property shall descend to and vest in those persons set forth in
the other's Last Will and Testament as though the spouse so designated as beneficiary had
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predeceased the testator. The parties further agree that they may and can hereafter, as though
unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate
and personal property which either of them now or hereafter own or possess and further agree that
the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The
said Husband and Wife do hereby Irrevocably grant, each to the other, should the exercise of this
power hereby given be necessary, the right and power to appoint one or more times any person or
persons whom the Husband or Wife shall designate to be the attorney-In-fact for the other, in their
name and in their steed, to execute and acknowledge any deed or deeds, releases, quit claims, or
satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or
personal property, but without any power to impose personal liability for breach of warranty or
otherwise. Each of the parties hereto further waives any right of election contained In Chapter 22 of
the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable
distribution of married property ordered by the court subsequent to Section 3502 of the Divorce Code.
Each of the parties hereto further agrees neither shall hereafter be under any legal obligation to
support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to
that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony
pendants lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other,
except as otherwise expressly provided for herein.
4. Child Custody. The parties have entered on a Stipulation regarding the custody of
their children and filed In the Court of Common Pleas of Cumberland County, Pennsylvanla,al 98-
0096, which Stipulation was made Order of the Court signed by the Honorable J. Wesley Oler on April
25, 1998.
5. Child Support. A child support order has been entered in the Court of Common
Pleas of Cumberland County at No. 1097 Support 91 (DR No. 19398). Said Order Includes provisions
for the medical care for the children.
8. Division of Personal Property. The parties hereby agree that all items of personal
property have been divided between them. Henceforth, each of the parties shall own, have, and
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enjoy, Independently of any claim of right of the other party, all Items of personal property of every
kind, nature and description and wheresoever sWated which are now owned or held by or which may
hereinafter belong to that particular party, with the full power of the party to dispose of the some as
fully and effectually in all respects and for all purposes if he or she were unmarried.
7. Debts. Over the course of the marriage the parties have accumulated marital debt.
Husband, James Kenneth Gittings, has been discharged from the majority of this debt in a
bankruptcy proceeding in the Middle District of Pennsylvania at 1.98-00442. It is anticipted that Wife,
Dawn Lynn Gittings, will also file a Bankruptcy Petition In her own right. Upon the granting of her
bankruptcy, all Issues regarding marital debts shall be resolved and discharged.
8. Future Debts. The parties further agree that neither will Incur any more further debts
for which the other may be held liable, and if either party Incurs a debt for which the other will be liable,
that party Incurring such debt will hold the other harmless from any and all liability thereof.
9. Waiver of Alimony. In consideration of the mutual agreement of the parties
voluntarily to live separate and apart and the provisions contained herein fro the respective benefit of
the parties and other good and valuable consideration, the parties agree to waive any and all claims
for any alimony.
10. Pension. Both parties agree to waive any claims they may have to any pension or
employment benefits of any kind, eamed during the marriage, by the other party.
11. Divorce. The parties acknowledge that an action In divorce between them has been
filed by Wife and is presently pending in the Court of Common Pleas of Cumberland County,
Pennsylvania, to the caption Dawn Lynn Gittings Y. James Kenneth Gittings, 98.1789 Civil Term.
The parties acknowledge their Intention and agreement to proceed in said action to obtain a final
decree In divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to
settle amicably and fully hereby all claims raised by either party In the divorce action. The parties
acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the
entry of a final divorce decree In that action.
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12. Breach. In the event that either party breaches any provision of this Separation and
Property Settlement Agreement, he or she shall be responsible for any and all costs Incurred to
enforce the terms hereof, including but not limited to, court costs and reasonable counsel fees of the
other party. In the event of breach, the other party shall have the right, at his or her election, to sue for
damages for such breach or seek such other and additional remedied as may be available to him or
her.
13. Enforcement. The parties agree that this marital settlement agreement or any part
or parts hereof may be enforced in any court of competent jurisdiction.
14. Applicable Law and Execution. The parties hereto agree that this marital
settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and
shall bind the parties hereto and their respective heirs, executors and assigns. This document shall
be executed as original and multiple copies.
15. The Entire Agreement. The parties acknowledge and agree that this marital
settlement agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises, covenants or
understandings between the parties other than those expressly set forth herein.
16. Incorporation and Judgment for Divorce. In the event the either husband or wife
at any time hereafter obtain a divorce in the action for divorce presently pending between them, or
otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for
divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the
right to enforce the provisions and terms of this marital settlement agreement.
17. Additional Instruments. Each of the parties shall on demand or within a reasonable
period thereafter, execute and deliver any and all other documents and do or cause to be done any
other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this
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Agreement, If either party fails on demand to comply with this provision, that shall pay to the other all
attorney's fees, costs, and other expenses reasonably Incurred as a result of Such failure.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS:
Dawn Lynn Oittings
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DAWN LYNN GITTINGS,
Plaintiff'
JAMES KENNETH Gl' TINGS,
VS.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.1769 CIVIL TERM -DIVORCE
PRAECIPF TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce
I Code.
2. Date and manner of service of the Complaint: Certified mail on April 2, 1996.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: By Plaintif: April 14,1997; By Defendant: April 4, 1997,
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code. Waiver
of notice for both Plaintiff and Defendant attached.
Respectfully submitted,
r
Date ROBERT PETE KLINE, ESQUIRE
331 Bridge Street, Suite 350
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
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DAWN LYNN GITTINGS,
Phthttiff
V.
JAMES KENNETH GITTINGS,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
No. 90• / CIVIL TERM
DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action, You are warned that if you fail to do so, the case will proceed without
you and a decree in divorce or annulment may be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights important to
you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary
at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 ORTELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrntor
Cumberland County Courthouse
Fourth Floor
Carlisle, Pennsylvania 17013
(717) 240.0200
DAWN LYNN GITCINGS, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 96- CIVIL TERM
JAMES KENNETH GITTINGS,
Defendant : DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Dawn Lynn Gittings, an adult individual, currently residing at 520B Long's Gap
Road, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is James Kenneth Gittings, an adult individual, currently residing at 82 Spring
Garden Estates, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are bonaflde residents of the Commonwealth of Pennsylvania and
have been so for at least sin months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on October 2, 1993 in Carlisle, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
8. The Defendant is not a member of the Armed Forces of the United States of America, or
its Allies.
7. The Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that
the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties have lived separate and apart since October 11, 1995 and continue to live
separate and apart as of the date of this Complaint.
10. The parties' marriage is irretrievably broken.
11. Plaintiff desires a divorce based upon Section 3301(a) of the Divorce Code based upon the
fact that the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as
to render the Plaintiff's condition intolerable and life burdensome. Specifically, the indignities alleged is
the physical abuse suffered by the Plaintif on the part of the Defendant that has resulted in the entry
of a Protection From Abuse Order.
12. In the alternative, plaintiff desires a divorce pursuant to Section 3301 (c) of the Divorce
Cafe based upon the belief that Defendant will after ninety days from the date of the filing of this
Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce.
COUNT Ii
EQUITABLE DISTRIBUTION
13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text.
14. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and
household furnishings acquired during their marriage which are subject to equitable distribution.
15. Plaintiff and Defendant have incurred debts and obligations during their marriage which are
subject to equitable distribution.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the
parties' property and equitably apportioning the debts incurred by the parties,
Respectfully Submitted,
THE LAW OFFICES OF RON TURO
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Date rt P. Kline, Esqu've
32 South Bedford Street
Carlisle, PA 17013
(717) 245.9888
Attorney for Plaintiff
I verity that the statements made in the foregoing Divorce Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4604 relating
to unworn falatlketion to authorities.
Dste7
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DAWN LYNN GITTINGS, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V, : No. 00.1789 CIVIL TERM
JAMES KENNETH GITTINGS,
Defendant : DIVORCE
AFFIDAVIT OF SERVICE
I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above
captioned case upon James Kenneth Gittings, by certified mail, return receipt requested on April 2, 1900
addressed to:
James Kenneth Gittings
82 Spring Garden Estates
Carlisle, PA 17013
and did thereafter receive same as evidenced by the attached Post Office receipt card dated April 8,1998.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE
ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I
UNDERSTAND THAT FAI.SE STATEMENTS HEREIN MADE ARE. SUBJECT TO THE PENALTIES
OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
LAW OFFICES OF RON TURO
Av L9 LC' r'- K0 - -V- _
Date I Robert P. Kline, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245.9688
Attorney for Plaintiff
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DAWN LYNN GITTINGS,
PLAINTIFF
V.
JAMES KENNETH GITTINGS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVLANIA
NO, 98-1789 CIVIL TERM
DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled
on April 2, 1998.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of the final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
Date
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DAWN LYNN GITTINGS, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYVLANIA
V. NO. 96-1769 CIVIL TERM
DIVORCE
JAMES KENNETH GITTINGS,
DEFENDANT
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on April 2, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of the final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
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DAWN LYNN GITTINGS, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYVLANIA
V. NO. 96-1769 CIVIL TERM
DIVORCE
JAMES KENNETH GITTINGS,
DEFENDANT
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 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 ARE TRUE AND
CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 16 Pa.C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date
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DAWN LYNN GITTINGS,
PLAINTIFF
V.
JAMES KENNETH GITTINGS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYVLANIA
NO. 96.1769 CIVIL TERM
DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 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 ARE TRUE AND
CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
?- ?\ -11
Date
JAM S KENNETH GITTINGS (\
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DAWN LYNN GITTINGS,
Plaintiff'
V.
JAMES KENNETH GITTINGS,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
: No. B& CIVIL TERM
: DIVORCE
Kindly allow, Dawn Lynn Gittings, Plaintiff, to proceed in forma pauperis.
I, Robert P. Kline, Esquire, attorney for the party proceeding in forma pauperie, certify that I
believe the party is unable to pay the caste and that I am providing free legal services to the party. The
party's affidavit showing inability to pay the costs of litigation is attached hereto.
Respectftdly submitted,
LAW OFFICES OF ?RON qTURO
RG Date rt PKline, Es32 South Bedford Street
Carlisle, PA 17013
(717) 245.0888
Attorney for Plaintiff
DAWN LYNN GITTINGS, ; IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V. :No. 96- / 14,i CIVIL TERM
JAMES KENNETH GITTINGS,
Defendant : DIVORCE
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I, Dawn Lynn Gittings. lun the Pla'atift ir.. the above matter find because of my financial
condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or
proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation.
3. I represent that the information below relating to any ability to pay the fees and costs is
true and correct,
(a) Name: Dawn Lynn Gitting3
Address; 520B Long's Gap Road
Carlisle, PA 17013
Social Security Number: 193.50-1361
(b) If you are presently employed, state
Employer: Federal Public Defender's Office
Address: 100 Chestnut Street
Harrisburg, PA
Salary or wages: $9.50 per hour; 35 hours per week
Type of work: Paralegal
(This is a new job and the first day of work is Friday, March 22, 1996)
(c) Property owned
Cash: Nominal
Checking Account: PNC Bank; balance $25.00
Savings Account: none
Certificates of Deposit: none
Real Estate (including home): none
Motor vehicle: Make Mercury Cougar Year 1996
Cost $16,999.00 Amount Owed approximately $12,800.00
Stocks; bonds: none
Other: none
(d) Debts and obligations
Mortgage: none
Rent: $470.00 per month
Loans: Beneficial loan; balance approximately $2,100.00: monthly payment of a
$130.00
Automobile loan; balance approximately $12,800.00: monthly payment of
$300.00
(e) Persons dependent upon you for support
Children: Ashten Gittings; Chelsea Gittings; Paige Gittings
4. I wicltrstand flint I have n continuing obllgatiei to Inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
0. 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.B. 4804, relating to unworn
fealsilicetion to authorities.
LK?_ ? ?Z
Withess
/7wn Lynn
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