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HomeMy WebLinkAbout02-50441N THE COURT OF COMMON PLEAS OF JAMES H. COLTON, Plaintiff KIMBERLY A. COLTON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa -q CIVIL ACTION - LAW IN 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 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 fights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, 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. Cumberland Cotmty Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 .AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply ~vith the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heating. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES H. COLTON, Plaintiff KIMBERLy A. COLTON, Defendant ) ) ) ) ) ) ) NO. CiVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, James H. Colton, by and through his counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: 1. Plaintiff is James H. Colton, an adult individual who currently resides at 3795K Cape Landing Cimle, Myrtle Beach, Horry County, South Carolina 29588. 2. Defendant is Kimberly A. Colton, an adult individual who currently resides at 51 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant has been a bonafide resident of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. During marriage the parties resided in Cumberland County, Pennsylvania. 4. Plaintiff and Defendant married on May 28, 1998 in Carlisle, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the Military or Naval Service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of the 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the parties instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO 3301 c OR d OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference therein. 9. The marriage of the parties is irretrievably broken. 10. The parties separated on or about February 1, 2001. WHEREFORE, Plaintiffrespectfully requests the Court enter a Decree of Divorce pursuant to §3301of the Divorce Code. 11. reference thereto. _COUNT II - EQUITABLE DISTRIBUTION The prior paragraphs of this Complaint are incorporated herein by 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property constitutes "marital property" as defined by the Divorce Code. WHEREFORE, Plaintiffrespectfully requests the Court enter an order equitably dividing all marital property. Date: Respectfully submitted, HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, James H. Colton VERIFICATION I, James H. Colton, hereby swear and affirm that the facts contained in the foregoing Cclnplaint in Divorce are tree and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 10/15/02 Jamo(-'l~. 'C&ton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES H. COLTON, Plaintiff KIMBERLY A. COLTON, Defendant NO. 02-5044 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) I, Thomas E. Taylor, being duly swom according to law, depose and say that I am a competent adult; that I served a true and correct copy of Complaint in Divorce on Kimberly A. Colton on the/.~'T~ay of /~..~v~7~~ 2002. ~ ~!/~,"q,~J~ - Thomas E. Taylor SWORN to and subscribed before me this ~_~_day of I'~00*_~[~'~ , 2002. Notar~/p.hli~ NOIARU~,L SEAL DONNA I. KNIS£L~ NOTAR~ P~BBC HARRISBURG, DAUPHIN COUN~ ~ COMmISsION ~PIRES FEB. 16, 20~ J JAMES H. COLTON, : Plaintiff/Respondent : : V. : : KIMBERLY A. COLTON, : Defendant/Petitioner : IN THE COURT O1:' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5044 CIVIL ACTION - LAW 1N DIVORCE DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE 1. The Petitioner is Kimberly A. Colton, an adult individual, who currently resides at 72 Ladnor Lane, Carlisle, Cumberland County, Pennsylvania 17013. Her date of birth is July 24, 1969, and her Social Security Number is 191-46-2201. 2. The Respondent is James H. Colton, an adult individual who currently resides at 3795K Cape Landing Circle, Myrtle Beach, Horry County, South Carolina 29588. His date of birth is December 11, 1969, and his Social Security Number is 129- 46- 0412. 3. The Petitioner and Respondent are parties to a Divorce Complaint filed in the Court of Common Pleas of Cumberland County by the Respondent to the above- captioned term and number. 4. The Petitioner has requested alimony pendente lite in Defendant's Answer With Counterclaim to Plaintiff's Complaint in Divorce, which is being filed concurrently with this Petition. 5. The Petitioner is in need of financial assistance during the pendency of the above-captioned action. 6. The Petitioner believes and therefore avers t~hat the Respondent is financially capable of providing the Petitioner with financiial assistance during the pendency of this litigation. WHEREFORE, the Petitioner respectfully request.,; this Honorable Court enter an order granting her alimony pendente lite during the pendentcy of this litigation. Dated: ~o~c~- 0'3 Respectfully submitted, P.O. Box 886 Harrisburg,. PA 17108-0886 (717) 232-]851 Attorney I.D. #53148 Attorneys for Kimberly A. Colton VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 06/09/03 Kimberly A. (~lton CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Conley, PC 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108-0810 Dated: Peggy Hi~:, ~ecretary-to J. PAUL HELVY, ESQUIRE Killian & Gephart, LLP 218 Pine Street P. O. Box :886 Harrisburg, PA 17108-0886 (717) 232-1851 JAMES H. COLTON, Plaintiff Vo KIMBERLY A. COLTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5044 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER WITH COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Kimberly A. Colton, by and through her counsel, Killian & Gephart, LLP, and does hereby respond to the Complaint in Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. ANSWER TO COUNT I - DIVORCE 8. No response required. 9. Admitted. 10. Admitted. ANSWER TO COUNT II - EQUITABLE DISTRIBUTION 11. No response required. 12. Admitted. COUNTERCLAIM-COUNT III CLAIM FOR ALIMONY UNDER SECTION 501 OF THE DIVORCE CODE 13. The averments of Paragraphs 1 through 12 above are incorporated herein by reference as though fully set forth. 14. The Defendant believes and avers that she is entitled to an award of alimony pursuant to the provisions of the Divorce Code. WHEREFORE, the Defendant requests the Court enter a Decree directing the Plaintiff to pay alimony to the Defendant. COUNTERCLAIM - COUNT IV FOR ALIMONY PENDENTE LITE, COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 502 OF THE DIVORCE CODE 15. The averments of Paragraphs 1 through 14 are incorporated herein by reference as though fully set forth. 16. The Defendant believes and avers that she is entitled to an award of reasonable alimony pendente lite, counsel fees, costs and expenses. 17. Plaintiff is fully well and able to pay Defendant alimony pendente lite, counsel fees, costs and expenses incidental to this divorce action. 2 WHEREFORE, the Defendant requests the Court enter a Decree directing the Plaintiffto pay alimony pendente lite and Defendant's counsel fees and the costs of this proceeding. Dated: Respectfully submitted, /Ifl311ian & Gephar~LP ~218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #53148 Attorneys for Defendant 3 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 06/06/03 Kimberly A. Co(~n CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Conley, PC 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108-0810 Dated: Peggy Hile}q~e~t2ettuTy to J. PAUL HELVY, ESQUIRE Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 JAMES H. COLTON, : Plaintiff/Respondent : ; v. ; : KIMBERLY A. COLTON, : Defendant/Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5044 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PETITION FOR ALIMONY' PENDENTE LITE 1. The Petitioner is Kimberly A. Colton, an adult individual, who currently resides at 72 Ladnor Lane, Carlisle, Cumberland County, Pennsylvania 17013. Her date of birth is July 24, 1969, and her Social Security Number is 191-46-2201. 2. The Respondent is James H. Colton, an adult individual who currently resides at 3795K Cape Landing Circle, Myrtle Beach, Horry County, South Carolina 29588. His date of birth is December 11, 1969, and his Social Security Number is 129- 46-0412. 3. The Petitioner and Respondent are parties to a Divorce Complaint filed in the Court of Common Pleas of Cumberland County by the Respondent to the above- captioned term and number. 4. The Petitioner has requested alimony pendente lite in Defendant's Answer With Counterclaim to Plaintiff's Complaint in Divorce, which is being filed concurrently with this Petition. 5. The Petitioner is in need of financial assistance during the pendency of the above-captioned action. 6. The Petitioner believes and therefore avers that the Respondent is financially capable of providing the Petitioner with financial assistance during the pendency of this litigation. WHEREFORE, the Petitioner respectfully requests this Honorable Court enter an order granting her alimony pendente lite during the pendency of this litigation. Respectfully submitted, J.~e~ ~ Pine Street P.O. Box 886 Harrisburg;, PA 17108-0886 (717) 232-1851 Attorney I.D. #53148 Dated: ~o~c(- 0'~ Attorneys for Kimbedy A. Colton VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Dated: 06/09/03 Kimberly A. ~lton CERTIFICATE OF SERVICE I do certify that I served a tree and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Conley, PC 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108-0810 Dated: eggy miYE, secretary to J. PAUL HELVY, ESQUIRE '~-:I~illiii~,8~: Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-.1851 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KIMBERLY H. COLTON Plaintiff VS. JAMES H. COLTON Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 00505 S 2003 155105531 ORDER OF COURT You, 3795K CAPE Lg. NDING ClR, MYRTLE BEACH, JAMES H. COLTON SC. 29588-1117-83 are ordered to appear at CUMBERLA/~D CO DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on plaintiff/de, l~endant of ~c~ JULY 17, 2003 at 9: ooAM for a conference, after which the conference officer may recommend that an order for support be entered. You are further required to bring to the conference: 1. a tree copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relatIng to professional licenses 7. other: Form CM-508 Service Type M Worker ID 21205 COLTON V. COLTON PACSES Case Number: 155105531 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in ,.?our absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order again:st either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: ~JDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERraU~D County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. Page 2 of 2 Form CM-508 Service Type M Worker ID 21205 In the Court of Common Pleas of CUMBERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION KIMBERLY H. COLTON Plaintiff vs. JAMES H. COLTON Defendant ) Docket Number 005O5 S 2003 ) ) PACSES Case Number 155105531 ) ) Other State ID Number ORDER OF COURT You, KIMBERLY HOFFMAN COLTON 72 LANDOR LN, CARLISLE, PA. 17013-9215-72 are ordered to appear at CUMBERLAND CO DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section., on plaimiff/def_~_ ~ant of~ -<2 JULY 17, 2003 at 9: ooAM for a conference, after which the conference officer may recommend that an order for support be entered. You are further required to bring to the conference: 1. a tree copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-508 Service Type M Worker ID 21205 COLTON ¥. COLTON PACSES Case Number: 155105531 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: JUN 1 7 ?lllB' BY THE COl[JRT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATYEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES A.CT OF 1990 The Court of Common Pleas of CUMBERLAATD County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 · All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. Page 2 of 2 Form CM-508 Service Type M Worker ID 21205 JAMES H. COLTON, Plaintiff/Respondent VS. KIMBERLY A. COLTON, Defendant/Petitioner IN THE COI/RT OF COMMON PLEAS OF CUMBERLAND' COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-5044 CIVIL TERM IN DIVORCE Pacses# 195105565 ORDER OF COURT AND NOW, this 17th day of June, 2003, upon consideration of' the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on JulF 177 2003 at 9:00A.M. for a conference, al; 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 6-17-03 to: < Respondent James Helvy, Esquire Darren Hoist, Esquire Date of Order: June 17, 2003 R. Y. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JAMES H. COLTON Pla~tiff/Respondent VS. KIb~3ERLY H. COLTON Defendant /Petitioner ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-5044 CIVIL 195105565 ORDER AND NOW, to wit on this 17TH DAY OF JULY, 2003 IT IS HEREBY ORDERED that the O Complaint for Support or © Petition to Modify or ~) Other ALIMONY PENDENTE LITE filed on JUNE 10, 2003 in the above captioned matter is dismissed without prejudice due to: WIFE WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE. C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff d~fendant J. Paul Helvy, Esquire Darren Holst, Esquire BY THE COURT: Kevin A. Hess JUDGE Form OE-506 Service Type M Worker ID 21005 JAMEs H. COLToN, Plaintiff/Respondent KIMBERLy A. COLTON, Defendant/Petitioner IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTy, PENNSYLVANIA : : NO. 02-5044 : : CIVIL ACTION. LAW : INDIVORCE TO THE PROTHONOTARY: Please withdraw Defendant's Pet#ion for Alimony pendente £ite, without prejudice, Which was filed on June 10, 2003,/n the above~captioned action. Dated: July 16, 2003 P. O. Box 886 Harrisburg, PA ! 7108-0886 (717) 232-1851 Attorneys for Kimberly Colton CERTIFICATE OF SERVICE I do certify that I served a tree and correct copy of the within Praecipe to Withdraw Petition document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Darren J. Hoist, Esquire Howett, Kissinger & Conley, PC 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108-0810 Dated: July 18, 2003 Peggy Hfle, Secretary to J. PAUL HELVY, ESQUIRE Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 JAMES H. COLTON, : Plaintiff : THE COURT 'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02 5044 CIVIL KIMBERLY A. COLTON, : Defendant : IN DIVORCE ORDER OF COURT 2003, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 24, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: ~/Darren J. Holst Attorney for Plaintiff ~. Paul Helvy Attorney for Defendant /0-09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES H. COLTON, ) Plaintiff ) ) v. ) ) KIMBERLY A. COLTON, ) Defendant ) NO. 02-5044 CIVIL TERM CWIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on October 17, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 above are tree mad correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~/~//~ 25 / '[ J~H. Col(on, ~[aintiff JAMES H. COLTON, Plaintiff Vo KIMBERLY A. COLTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5044 : : CWIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSEN_TT 1. A complaint in divome under § 3301(c) of the Divome Code was filed on October 17, 2002. 2. The marriage of plaintiff and defendant is in'etrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I verify that the statements made in this affidavit are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Kimberly A. C~lton Defendant JAMES H. COLTON, Plaintiff V. KIMBERLY A. COLTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 02-5044 : : CIVIL ACTION -/,AW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER $ 3301(c} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 alter it is filed with the prothonotary. I verify that the statements made in this affidavit are.. tree and correct. I understand that false statements made herein are subject to the penaities of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Kimberly ~C01ton Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES H. COLTON, Plaintiff KIMBERLY A. COLTON, Defendant NO. 02-5044 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Date: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the complaint: Service by hand-delivery on November 13, 2002; Affidavit of Service filed November 14, 2002. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, September 24, 2003; by defendant, September 9, 2003. Related claims pending: All claims resolved by Marital Settlement Agreement dated September 24, 2003. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of'Notice in §3301 (c) Divorce was filed with the prothonotary: contemporaneously herewith. "~arren J./Ffolst, Esquir~ HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 171.08 Telephone: (717) 2."t4-2616 Counsel for Plaintiff James H. Colton JAMES H. COLTON, Plaintiff VERSUS KIMBERLY A. COLTON, Defendant IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ ,,~~ ? PENNA. 02-5044 CIVIL TERM NO. DECREE iN DIVORCE AND NOW, ~o/~- /~' 2003, IT IS ORDERED AND dECREED THAT aND JAMES H. COLTON KIMBERLY A. COLTON ,PLAINTIFF, ,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' None. It ~s further ORDERED, 7(DJUDGED and DECREED that the terms, provisions and conditions ora certain Marital Settlement Agreement between the parties dated September 24, 2003, are incorporated, but not fiiea of record, in this Decree in Divorce by reference as fuiiy as ~ the same were set forth herein at length. Said Agreement shall not merge with but shall survive this Decrcc iii Divorce. BY THE COURT: / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIViL ACTION - LAW Notice is been granted a Fi: hereby elects to re,. and gives this wfit~ DATE: ~ COMMONWEALT COUNTY OF CUM On the o< Notary Public, persc is subscribed to the purpose therein con In Wimess -~ MMyODY S. aflisle ~ Corem Plaintiff .' VS. : Defendant : IN DIVORCE. 20 d~ NOTICE TO RESUME PRIOR SURNAME ereby given that the Plaintiff/Defendant in the above matter, having tl Decree in Divorce on the ] ~ . day of me the prior surname of . I _ _f · J~vN/ , en notice pursuant to the provisions of 54 P.S. 704. / - Silage Si~e of name b~resumed t OF PE~S~V~ : : SS. 3E~ : day of ~C~ , 20 ~, before me, a nally appeared the above affiant ~om to rae to be the person whose name dthin docment ~d ac~owledged that he/she executed the foregoing for the dned. ~ereof, I have hereunto set my h~d ~d official seal. 3MITH, NOTARY PUBLIC ,oro Cumberland County ssion Expires April 4, 2005J Notary Public