HomeMy WebLinkAbout00-04927
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HEATHER L. WilKINSON,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000-4927
v.
CIVil ACTION - lAW
DWANE S. WilKINSON,
IN DIVORCE
Defendant/Respondent
ORDER OF COURT
AND NOW, this IljU day of ~ \ ~ 2002, upon consideration of the attached
Petition for Special Relief, it is hereby ordered that a hearing is scheduled for ~ {"2-
2002, at II :ro o'clock A.M, in Court Room No.2, Cumberland County Courthouse, Carlisle,
Pennsylvania,
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HEATHER L. WilKINSON,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-4927
v.
CIVIL ACTION - LAW
DWANE S. WILKINSON,
IN DIVORCE
DefendanURespondent
ORDER OF COURT
AND NOW, this day of 2002, pursuant to the terms of the Property
Settlement and Separation Agreement dated January 4, 2000, and the Amendment thereto dated June 2,
2000, is hereby order that:
A. The Respondent, Dwane S. Wilkinson, is in breach of the above-referenced
Agreement;
B. The Respondent, Dwane S. Wilkinson, shall pay to Heather L. Wilkinson Four
Thousand Nine Hundred and 00/100 Dollars ($4,900.00) representing unpaid support of the minor
children and thirty percent (30%) of the mortgage obligation as set forth in the Property Settlement
and Separation Agreement entered into by the parties on those dates set forth herein;
C. The Respondent, Dwane S. Wilkinson, shall pay Petitioner Heather L. Wilkinson's
reasonable attorney fees in full, which total , within thirty (30) days of the date of
this Order.
BY THE COURT:
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No. 75906
3'01 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
HEATHER L WilKINSON,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-4927
v.
CIVil ACTION - LAW
DWANE S. WilKINSON,
IN DIVORCE
Defendant/Respondent
PETITION FOR SPECIAL RELIEF FOR ENFORCEMENT
OF PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
AND NOW, this L{.fI. day of November 2002, comes the Plaintiff/Petitioner, HEA THER L
WILKINSON, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this
Petition for Special Relief, and in support thereof avers as follows:
1. The Plaintiff/Petitioner, Heather L. Wilkinson, is an adult individual residing at 1341 Old
Willow Mill Road, Mechanicsburg, Pennsylvania 17050 (hereinafter referred to as WIFE).
2. The Defendant/Respondent, Dwane S. Wilkinson, is an adult individual residing at 5-A Old
South Court, Bluffton, South Carolina 29910 (hereinafter referred to as HUSBAND).
3. On January 4, 2000, WIFE and HUSBAND entered into a Property Settlement and
Separation Agreement following their separation on July 2, 1999. A true and correct copy of the Agreement
is attached hereto and incorporated herein as Exhibit "A."
4. The Property Settlement and Separation Agreement was amended by HUSBAND and WIFE
by written amendment dated June 2, 2000. A true and correct copy of said Amendment is attached hereto
and incorporated herein as Exhibit "B." Specifically, the amended Paragraph 3 of the Property Settlement
and Separation Agreement states as follows:
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The parties are the owners of certain real estate with improvements thereon erected
known as 36 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania.
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The parties agree that [WIFE] shall enjoy exclusive possession of said property until
the youngest of the parties' children graduates from high school or until [WIFE] remarries
whichever shall come first. [HUSBAND] and [WIFE] shall share the responsibility for the
mortgage payment to Huntington Mortgage Company or its successors or assigns, with
[WIFE] paying 70% of the mortgage payment and [HUSBAND] applying 30%. {WIFE] shall
pay the mortgage company directly the entire amount of the mortgage, and [HUSBAND]
shall pay to [WIFE] 30% of the liability on a monthly basis.
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Upon the happening of one of the contingencies as listed above, [WIFE] shall have
the option to purchase [HUSBAND's] 30% of the value of the marital home, or [HUSBAND]
shall purchase [WIFE's] 70%. The parties may also agree that the property may be sold,
and the proceeds shall be shared 30% to [HUSBAND] and 70% to [WIFE].
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5. Thirty percent (30%) of the mortgage payment equals Two Hundred Dollars ($200.00), and
HUSBAND has paid that Two Hundred Dollars ($200.00) per month per the Property Settlement and
Separation Agreement and Addendum thereto through and including August 2001. From September 2001
through the date of this Petition, HUSBAND has failed to make his thirty percent (30%) payment of $200.00
per month and, therefore, owes to WIFE Two Thousand Eight Hundred and 00/100 Dollars ($2,800.00)
which HUSBAND has made no effort nor has indicated that he will make any effort in the future to pay.
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6. WIFE has, in fact, remarried, but has not yet listed the home or offered it for sale in any way
and is continuing to shoulder the burden of the mortgage alone contrary to the terms of the Agreement.
7. The Property Settlement and Separation Agreement also indicates in Paragraph 9 as follows:
(9) HUSBAND agrees to pay to WIFE for the use, benefit, support and maintenance
of their minor children, the sum of Five Hundred and 00/100 Dollars ($500.00) per month
for the support of said children. . . .
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8. On September 12, 2001, the Respondent relocated to his current address in Bluffton,
Beaufort County, South Carolina. September 2001 was the last time the Respondent made any payment
representing child support to Petitioner.
9. Upon arriving in Bluffton, South Carolina, the child support obligation was addressed by the
Family Court of the 14th Judicial Circuit in the County of Beaufort, State of South Carolina, on February 22,
2002.
10. The effective date of receipt for the Petitioner of the support became April 2002. The Family
Court in the 14th Judicial District, County of Beaufort, State of South Carolina, does not retroactivate the
obligation which therefore began on March 22, 2002.
11. The Respondent failed to make any payments pursuant to the Property Settlement and
Separation Agreement towards the support of his children from October 2001 through April 2002. Therefore,
he is obligated to pay Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) pursuant to the Property
Settlement and Separation Agreement.
12. The Property Settlement and Separation Agreement further states in Paragraph (22):
(22) In the event that either party breaches any provision of this Agreement, and the
other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree
that the breaching party will pay all attorney's fees, courts costs and expenses incurred by
the other party in enforcing the Agreement.
WHEREFORE, WIFE respectfully requests that this Honorable Court enter an Order:
A. Finding HUSBAND in breach of the parties' Property Settlement and Separation
Agreement;
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B. Ordering HUSBAND to comply with the terms of the parties' Property Settlement and
Separation Agreement and, more specifically, ordering HUSBAND to pay to WIFE Five Thousand
Three Hundred and 00/100 Dollars ($5,300.00) representing his obligation to pay his agreed-upon
share of the mortgage and his agreement to pay support for the care and welfare of his children;
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C. Ordering HUSBAND to be solely responsible for payment in full of WIFE's reasonable
attorney's fees, a statement of which will be provided to the Court following a hearing on the merits of
this Petition or as the Court otherwise directs; and
D. Any other relief this Court deems appropriate.
Respectfully submitted,
By:
ark C. Duffie
Attorney I.D. NO.7
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff/Petitioner
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VERIFICA TION
I, HEA THER L. WILKINSON, verify that the statements made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that false statements made herein
are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
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CERTlFICA TE OF SERVICE
AND NOW; this ~~1... day of J.J~ 2002, the undersigned does hereby certify that he did this
date serve a copy of the foregoing Petition for Special Relief upon the other parties of record by causing same
to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
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Charles Rector, Esquire
1104 Femwood Avenue
Suite 203
Camp Hill, PA 17011-6912
Dwane S. Wilkinson
100 Kensington Boulevard
Bluffton, SC 29910
By:
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SAID IS,
;HUFF &
MASLAND
,.T1'OItNID'S.^T.UW
16 W, llI~h SUe.,
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PROPERTY SETTLEMENT AND SEPARATION AGR~EMENT
THIS AGREEMENT made this -1- day of ~ 1 LVtd .-.
2000 between Heather L. Wilkinson, of Mechanicsburg, Cumberland
County, pennsylvania, hereinafter referred to as Wife,
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Dwane S. Wilkinson,
of Mechanicsburg,
Cumberland County,
Pennsylvania, hereinafter referred to as Husband.
WITNESSETH:
WHEREAS, in c9nsequence of. disputes and unhappy
differences, the parties have been living separate and apart
from each other; and
WHEREAS, the parties desire to confirm their separation and
make arrangements therewith, including custody of their minor
children, Chelsea Wilkinson (DOB 6/10/91) and Joshua Wilkinson
(DOB 8/15/93, the division of their marital property and other
rights and obligations growing out of their marriage.
NOW THEREFORE, in consideration of the covenants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
intending to be legally bound it is agreed as follows:
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SAlOIS,
SHUFF &
MASLAND
ATIORNRVS'AT'l.AW
26 W. High Sir..,
CarIl$le, P ^
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(1) It shall be lawful for each party at all times
hereafter to live separate and apart from the other party at
SUch place or places as he or she from time to time may choose
Or deem fit.
(2) Except as herein otherwise provided, each party hereby
releases the other from any and all claims, Or demands up to the
date of execution hereof.
(3) The parties are the owners of certain real estate with
improvements thereon erected known as 36 West Coover Street,
Mechanicsburg, Cumberland County, Pennsylvania.
The parties agree that Wife shall enjoy exclusive
possession of said premises until the youngest of the parties'
children graduates from high school or until Wife remarries or
cohabitates with a member of the opposite sex, whichever shall
come first. Husband and Wife shall share the responsibility
for the mortgage payment to Huntington Mortgage Company, or its
SUCCeSSors or assigns, with Wife paying 40% of the mortgage
payment and husband paying 60%. Wife shall pay the mortgage
I company directly the entire amount of the mortgage, and Husband
shall pay to Wife 60% of the liability on a monthly basis.
Upon the happening of one of the contingencies as listed
above, wife shall have the option to purchase Husband's 60% of
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;fIUFF &
MAS LAND
^JlORNEY!.A'Ytl.cbW
16 W. High Stte"
Carlisle, PA
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the value of the marital horne, or Husband shall purchase Wife's
40%. The parties may also agree that the property may be sold,
and the proceeds shall be shared 60% to Husband and 40% to Wife.
While Wife is residing in said premises, she shall assume
full responsible for the utilities and other household expenses
in connection with residing in the property. With regard to
these expenses, Wife agrees to hold Husband harmless and
indemnify him from any loss thereon.
(4) In the event that either party contracted or incurred
any debts since the date of separation on July 2, 1999, the
party who incurred said debt shall be responsible for the
payment thereof. regardless of the name in which the account may
have been charged.
Husband and Wife acknowledge and agree that they have no
other outstanding joint debts and obligations of the Husband and
Wife incurred prior to the signing of this Agreement, except as
follows:
A. Wife agrees to assume the following debts:
The Sears card in her name, the Sears card in her
Husband's name and The Home Depot charge in
Husband's name;
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SAlOIS,
,HUFF &.
MASLAND
ATTotlNEVS-AN.AW
26 W. HiS' Str..t
C>rllsl., PA
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B. Husband will assume the Visa account in his name
and will assume responsibility for the Suburban
Cable bill which has become delinquent.
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With regard to these bills, the parties respectively agree
to hold the other harmless and indemnify them from any loss
thereon.
Bach party agrees to pay the outstanding joint debts as set
forth herein and further agrees to indemnify and Save harmless
the other from any and all claims and demands made against
either of them by reason of such debts or obligations.
(5) Each party relinquishes any right, title and interest
he or she may have to any and all' motor vehicles currently in
possession of the other party. Each party shall execute any
documents necessary to have said vehicles properly registered in
the other party's name with the Pennsylvania Department. of
Transportation. Each party shall assume full responsibility of
any encumbrance on the motor vehicle received by said p~rty, and
shall hold harmless and indemnify the other party from any loss
thereon.
(6) The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances, tools and other household personal
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26 w. High Str",'
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property between them, and they mutually agree that each party
shall from and after the date hereof be the sole and separate
owner of all such property presently in his or her possession
whether said property was heretofore owned jointly or
individually by the parties hereto. This agreement shall hav'e
the effect of an assignment or bill of sale from each party to
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the other for such property as may be in the individual
possession of each of the parties hereto. Attached hereto and
made a part hereof is a list of property to go to Husband or
Wife according to the schedule.
(7) Each party hereby relinquishes any right, title or
interest he or she may have in or' to any intangible personal
property currently titled in the name of or in the possession of
the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts and retirement accounts.
(8) The parties agree that legal custody of their minor
children, Chelsea Wilkinson and Joshua Wilkinson, shall be
joint, with both parties having the right to make major
parenting decisions affecting the children's health, education
and welfare.
Wife shall have primary physical custody of the children
subject to HUsband's partial physical custody at times to be
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agreed upon by the parties. The parties agree that they shall
not take the children out of state without prior notification
and approval of the other party.
(9) Husband agrees to pay to Wife for the use, benefit,
support and maintenance of their minor children, the sum of Five
Hundred ($500.00) Dollars per month for the support of said
children. The parties further agree that they shall share
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equally any non-covered Dr extraordinary medical or dental
expenses for the minor children.
The parties agree that in the event of a material change in
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circumstances of either party, or a change in the custody
arrangements set forth herein, the amount of support payments
shall be subject to an appropriate adjustment by agreement or,
if the parties are unable to agree, by order of a court of
competent jurisdiction, and the amount ordered by any such court
shall be deemed to be the amount due hereunder.
(10) Except as otherwise provided herein, Husband shall not
pay to Wife nor Wife to husband any sum whatsoever as al~mony,
alimony pendente lite, or for his or her support or maintenance.
(11) Each party is now represented by counsel of his and
SMD1S,
; HUFF & her own choice, and each shall pay his or her own attorney for
MASLAND
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,flUFF &
MASLAND
~rroKNEYSAAr-L.AW
2,5 w. High Street
Carll,l., Ph
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all legal services rendered or to be rendered on his or her
behalf.
(12) Neither party shall contract or incur any debt or
liability for which the other party or his or her property or
estate might be responsible and shall indemnify and save the
other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by
the other party_
(13) Each of the parties shall from time to. time, at the
request of the other, execute, acknowledge and deliver to the
other party any and all further instruments that may be
reasonably required to give full' force and effect to the
provision of this Agreement.
(14) The parties agree to join in the filing 'of a 1999
joint federal, Pennsylvania and local income tax return. In the
event that there is a refund, the parties agree that they will
use any refund to pay the unpaid debts as described in paragraph
(4) herein.
In the event that a joint return is filed, the Wife's
contribution for payment shall be a sum equal to the amount of
tax liability that she would have had to pay on her separate
return for that year had she filed a separate return. Husband
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;l:lUFF &
MAS LAND
A1J:QRNEYS-AT,l,^W
26 w. High Stroot
Carli!le~ P A
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will pay the balance of the tax due on the return. ..Husband will
bear the expense of preparing all joint tax returns and of
computing the estimated tax liability of Wife on the basis of
her having filed a separate return.
(15) The parties agree to share equally in any post
secondary education expenses of the children, including, but not
limited to, tuition, room and board, books and expenses.
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(16) The parties do hereby warrant, represent, acknowledge
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and agree that each is fully and completely infoEmed of, and is
familiar with, the wealth, real and personal property, estate
and assets, earnings and income of the other and that each has
made a full and complete' disclosure to the other of his and her
entire assets and liabilities and any further enumeration or
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statement thereof in this Agreement is specifically waived.
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(I?) Husband and Wife acknowledge that each of them has
read and understand his and her rights and responsibilities
under this Agreement and that they have executed this Agreement
under no compulsion to do so but as a voluntary act.
(18) It is further specifically understood and agreed by
and between the parties hereto that each party accepts the
provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said party's rights against the
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;:HUFF &
MASLAND
A'tjORNEYS"AT'U.W
26 IV. High Sit...
Carli.le, PA
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other for past, present and future clai~s on account of support,
maintenance, alimony, alimony pendente lite,' counsel fees, costs
and expenses, equitable distribution of marital property and any
other claims of each party, including all claims which have been
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raised or may be raised in an action for divorce.
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(19) Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases,
remises, discharges and quitclaims the other, and such other's
heirs, representatives, assigns and estate, from and with
respect to the following:
A. All liability, claims, causes of action, damages,
. costs, c:ontributions, expenses-or demands whatSoever in law or
in equity;
B. All rights, title, interest or claims in or to
any property of the other, whether real, personal or mixed and
whether now owned or hereafter acquired;
C. All rights of curtesy and dower and all claims or
rights in the natUre of curtesy and dower;
D. All widow or widower's rights;
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All rights, title and interest or.claims in or to
the other's estate, whether now owned or hereafter acquired,
including but not limited to all rights or claims:
(1) to take against the other's will:
(2) under the laws of intestacy:
(3) to a family eKemption or similar allowance:
and
(4) all
other
rights
or
authority
to
participate or intervene in a deceased spouse I s estate in any
way, whether arising under the laws of Pennsylvania or any other
country, territory, state or political subdivision.
F. All.rights or claims to any accounting;
G.Ani:'ights~ claims, demands, liabilities and
obligations arising out of or in connection with the marital
relationship or the joint ownership of property, whether real,
personal or mixed:
H. All rights, claims, demands, liabilities, and
obligations arising under the provisions of the Pennsylvania
Divorce COde, Act 26 of 1980, as the same may be amended from
time to time, and under the provisions of any similar statute
SAIDIS,
5HUFF & enacted by any other country, state, territory or: political
MAS LAND
i\TTUIl.N'EYS"A'N.AW
26 W. 1l1gh S,m, subdi vision;
Carlbl., Ph
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SAID IS,
)HUFF &
MAS LAND
A'M'ORNEYS-AT.I.AW
,6 W. HIgh Street
CarHsle. PA
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I. All rights, claims, demands, liabilities and
Obligations each party now has, or may hereafter have, against
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or with respect to the other.
(20) This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this
Agreement is determined to be invalid or unenforceable, all
other provisions shall continue in full force and effect.
(21) In the event that' either of the parties shall recover
a final judgment or decree of absolute divorce a~ainst the other
in a court of competent jurisdiction, the provisions of this
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Agreement may'be incorporated by reference or in substance but
shall not be merged into such judgment or decree and this
--Agre-emenrshalTsui'vive . any such final judgment or decree of
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I absolute divorce and shall be entirely independent thereof.
(22) In the event that either party breaches any provision
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of this Agreement, and the other party retains counsel to assist
in enforcing the terms thereof, the parties hereby a~ree that
the breaching party will pay all attorney's fees, court costs
and expenses incurred by the other party in enforcing the
Agreement.
(23) This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions,
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SAIDIS,
;HUFF &
MASLAND
A'rI'ORNEYS.AT.UW
26 W. High Street
Carlisle. P A
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representations, or agreements, oral or written, of 'any nature
whatsoever, other than those herein contained,
(24) This Agreement shall bind the parties hereto, their
respective heirs, executors and assigns.
IN WITNESS WBEREOF, the parties hereto intending to be
legally bound have hereunto set their hands and seals the day
and year first written above.
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Witness
Witness
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This document, made this ~f day of June, 2000 between Heather L. Wilkinson
and Dwane S. Wilkinson, will serve as an lIffiendtnent to the "Property Settlement and
Separation Agreement", section (3). signed by Dwane S. Wilkinson and Heather L.
Wilkinson, on January 4,2000. .
The parties are the owners of certain real estate with improvements thereon
erected known as 36 West Coover Street, Mechanicsburg, Cumberland County,
Pennsylvania.
The p~es agree that Heather L. Wilkinson shall enjoy e~clusive possession of
said property until the youngest of the parties' children graduates from high school or
until Heather remarries whichever shal) come first. Dwane and Heather shall share the
responsibility for the mortgage payment to Huntington Mortgage Company, or its
successors or assigns, with Heather paying 70% of the mortgage payment and Dwane
applying 30%. Heather shall pay the mortgage company directly the entire amount of the
mortgage, and Dwane shall pay to Heather 30% of the liability on a monthly basis.
Upon the happening of one of the contingenCies as listed above, Heather shall
have the option to purchase Dwane's 30% of the value of the marital home, or Dwane
shall purchase Heather's 70%.' The parties may also agree that the property may be sold,
and the proceeds shall be' shared 30% to Dwane and 70% to Heather.
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While wife is residing in said premises, she shall assume full responsibility for the
utilities and other household expenses in connection with residing in the property. With
regard to these e~penses, Heather agrees to hold Dwane harmless and indenmify him
from any loss thereon.
This agreement shall bind the parties hereto, their respective heirs, executors, and
assigns.
In witness whereof, the parties hereto intending to be legally bound have hereunto
';:;::m~~fim_~AUY\ ~_
Wi_ .IL. Wi_on
Witness
Dwane S. Wilkinson
ibdlilllll.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
PENNA.
STATE OF
HEATHER L. WILKINSON
Plaintiff
No.
99 1927 oi-.-il
.
VERSUS
.
DWANE S. WILKINSON,
Defendant
.
DECREE IN
DIVORCE
.
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J-t'JD f , IT IS ORDERED AND
.
.
AND NOW,
.
DECREE:D THAT
, PLAINTIFF,
no~r~o~ T Wil~;~~nn
.
AND
Dwane S. Wilkinson
, 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 BEISN ENTERED; ~_
The Property Settlement Agreement between the parties is hereby
incorporated but not merged.
.
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Of. "'''' :F.,.,:E '"
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.
By T~~COU
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ATTEST:
.
PROTHONOTARY
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SHUFF. FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
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HEATHER L. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
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:
1. Ground for divorce: Irretrievable breakdown under
Section 3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: Service
by Certified mail on July 13, 2000. The return receipt
card is attached hereto as Exhibit "A".
3. Date of Execution of the Plaintiff's Affidavit required
by Section 330l(d) of the Divorce Code: September 5,
2001, filed with the Prothonotary on September 12, 2001
4. Date of service of the Plaintiff's Affidavit upon the
Defendant: September 11, 2001.
5. Related claims pending: No claims raised.
6. Date and manner of service of the notice of intention
to file Praecipe to Transmit the Record, a copy of
which is attached: Certificate of Mailing dated
September 11, 2001.
Date: ic'.J-5-01
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HEATHER L. WILKINSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO .OO~IVIL TERM
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
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 ffo 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 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 Cumberland County Court
House, High and Hanover Street, Carlisle, Pennsylvania.
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 County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SAIDIS, SHUFF & MASLAND
Date:
By:
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HEATHER L. WILKINSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.W.<I'I..lc?rVIL TERM
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OR 3301(dl OF THE DIVORCE CODE
1. Plaintiff is Heather L. Wilkinson, who currently
resides at 36 West Coover Street, Mechanicsburg, Cumberland
County, Pennsylvania.
2. Defendant is Dwane S. Wilkinson, who currently resides
at 431 South High Street, Mechanicsburg, Cumberland County,
Pennsylvania.
3. plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous
to the filing of this Complaint.
4. The plaintiff and Defendant were married on March 2,
1991 in Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
request that the Court require the parties to participate in
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counseling.
'-..""""""",,,,,,.
Having been so advised Plaintiff does not desire
the Court to order counseling.
7. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests Your Honorable Court to enter
a decree in divorce.
Date:
By:
2
Respectfully submitted,
Dei ,Esquire
Street
Carlisle, P 17013
(717) 243-6222
Counsel for Plaintiff
SAlOIS,
SHUFF &
MASLAND
ATfOKI\lRVS.AT.LAW
26 W. High Street
Ca:rUsle, PA
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VERIFICATION
I verify that the statements made in this Complaint are
true and correct.
I understand that false statements herein are
made subject to the penalties of 18 Pac C.S. Section 4904,
relating to unsworn falsification to authorities.
Dated:
^!/(co
Plaintiff
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SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYK-AT-LAW
26 W. High Street
Carlisle. PA
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AFFIDAVIT
I, Heather L. Wilkinson, being duly sworn according to law,
depose and say:
(1) I have been advised of the availability of marriage
counselling and understand that I may request that the court
r~quire that my spouse and I participate in counselling.
(2)
I understand that the court maintains a list of
m~rriage 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 counselling 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 Pac C.S. Section 4904 relating to unsworn
falsification to authorities.
.....
Dated:
1//00
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HEATHER L. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO THE DEFENDANT
If you wish to deny any of the statements set forth in this i
affidavit, you must file a counter-affidavit within twenty (20) ~
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days after this affidavit has been served on you or the
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PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on JU!y 2,
1999
, and have continued to live separate and apart for a
period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
4. I verify that the statements made in this
Affidavi t are true and correct.
I understand
that false statements herein are made subject to
the penalties of 18 Pa. C.C. 3 4904 relating to
DATED:
unsworn falsificati
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SHUFF, FLOWER
& LINDSAY
"^''llTmlfNEYS-AT-LAW
26 W. High Street
Carlisle. P A
HEATHER L. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
TO: Dwane S. Wilkinson
431 S. High Street
Mechanicsburg, PA 17055
YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE. You have
failed to answer the Complaint or file a Counter-Affidavit to
the Plaintiff's Affidavit. Therefore, on or after October 1,
2001, the Plaintiff can request the Court to enter a final
Decree in Divorce.
,
,
IF YOU DO NOT FILE with the Prothonotary of the Court an
,
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Answer with your signature notarized or verified, or a Counter-
Affidavit by the above date, the Court can enter a final Decree
in Divorce. Unless you have already filed with the Court a
written claim for economic relief, you must do so by the above
date or the Court may grant the divorce, and you will lose
forever the right to ask for economic relief. The filing of the
form counter-affidavit alone does not protect your economic
claims. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE
PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE.
.
,
,
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-UW
26 W. High Street
Carlisle, PA
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 County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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HEATHER L. WILKINSON,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
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CIVIL ACTION - LAW
IN DIVORCE
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COUNTER AFFIDAVIT UNDER SECTION 3301Cd)
OF THE DIVORCE CODE
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CHECK EITHER (A) OR (B):
(a) I do not oppose the entry of the divorce decree.
(b) I oppose the entry of a divorce decree because:
CHECK (i), (ii) OR both) :
(i) The parties to this action have
not lived separate and apart for
a period of at least two years;
and
(ii) The marriage is not irretrievable
broken.
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2. CHECK EITHER (A) OR (B):
(a) I do not wish to make any claims for
economic relief. 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
(b) I wish to claim economic relief which may
include alimony, division of property,
lawyer's fees or expenses or other
important rights.
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I undersstand that in addition to checking (b) above, I
must also f8ile all of my economic claims with the Prothonotary
in writing and serve them on the other party. If I fail to do
so before the date set forth on the Notice of Intention to
Request Divorce Decree, the divorce decree may be entered
without further delay.
I verify that the statements made in this counteraffidavit
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pac C.S. !l 4904,
relating to unsworn falsification to authorities.
Date:
Dwane S. Wilkinson
,
.
SAlOIS
SHUFF. FLOWER
& UNDSAY
A'ITORNEYS-AT-LAW
26 W. High Slreet
Carlisle. PA
HEATHER L. WILKINSON,
Plaintiff
v.
DWANE S. WILKINSON,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
p:
NO.: 00-4927 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO
TRANSMIT THE RECORD
TO: Dwane S. Wilkinson
431 S. High Street
Mechanicsburg, PA 17055
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Heather Wilkinson, Plaintiff, intends to file with the
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Court a Praecipe to Transmit the record on or after October 1,
,
,
2001, requesting that a final Decree in Divorce be entered.
ii,
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September 11, 2001
SAIDIS, SHUFF, FLOWER & LINDSAY
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By:
Jo
At rney # 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
I
SAlOIS
SHUFF, FLOWER
& LINDSAY
A'ITORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
""',
HEATHER L. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
I"~
,
AND now, this
CERTIFICATE. OF SERVICE
~day of Sep-km {J€J/
, 2001,
I hereby certify that I served the within NOTICE OF INTENTION TO
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REQUEST ENTRY OF DIVORCE DECREE and NOTICE OF INTENTION TO
TRANSMIT THE RECORD this day by depositing same in the United
1+
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States Mail, First Class, Postage Prepaid, in Carlisle,
Pennsylvania, addressed to:
Dwane S. Wilkinson
431 S. High Street
Mechanicsburg, PA 17055
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated q'/I-Dl
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DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
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To the Prothonotary:
Transmit the record, together with the following
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1. Ground for divorce: Irretrievable breakdown under
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2. Date and manner of service of the Complaint: Service
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card is attached hereto as Exhibit "A".
3. Date of Execution of the Plaintiff's Affidavit required
by Section 3301(d) of the Divorce Code: September 5,
2001, filed with the Prothonotary on September 12, 2001
4. Date of service of the Plaintiff's Affidavit upon the
Defendant: September 11, 2001.
5. Related claims pending: No claims raised.
6. Date and manner of service of the notice of intention
to file Praecipe to Transmit the Record, a copy of
which is attached: Certificate of Mailing dated
October 19, 2001.
Date: /VtN Cf, 2. 00 I
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Joh J.
Attorney or Plaintiff
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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SHUFF, FLOWER
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26 W. High Street
Carlisle, PA
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HEATHER L. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
TO: Dwane S. Wilkinson
431 S. High Street
Mechanicsburg, PA 17055
YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE. You have
failed to answer the Complaint or file a Counter-Affidavit to
the Plaintiff's Affidavit. Therefore, on or after November 8,
2001, the Plaintiff can request the Court to enter a final
Decree in Divorce.
IF YOU DO NOT FILE with the Prothonotary of the Court an
Answer with your signature notarized or verified, or a Counter-
Affidavit by the above date, the Court can enter a final Decree
in Divorce. Unless you have already filed with the Court a
written claim for economic relief, you must do so by the above
date or the Court may grant the divorce, and you will lose
forever the right to ask for economic relief. The filing of the
form counter-affidavit alone does not protect your economic
claims. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE
'! PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE.
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SHUFF, FLOWER
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ATTORNEYS-AT-LAW
26 W. High Street
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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 County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W, High Street
Carli~le, P A
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HEATHER L. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
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DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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COUNTER AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
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CHECK EITHER (A) OR (B):
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(a) I do not oppose the entry of the divorce decree.
(b) I oppose the entry of a divorce decree because:
CHECK (i), (ii) OR both),
(i) The parties to this action have
not lived separate and apart for
a period of at least two years;
and
(ii) The marriage is not irretrievable
broken.
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CHECK EITHER (A) OR (B):
(a) I do not wish to make any claims for
economic relief. 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
(b) I wish to claim economic relief which may
include alimony, division of property,
lawyer's fees or expenses or other
important rights.
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VERIFICATION
I undersstand that in addition to checking (b) above, I
must also f8ile all of my economic claims with the Prothonotary
in writing and serve them on the other party. If I fail to do
so before the date set forth on the Notice of Intention to
Request Divorce Decree, the divorce decree may be entered
without further delay.
I verify that the statements made in this counteraffidavit
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pac C.S. ~ 4904,
relating to unsworn falsification to authorities.
Date:
Dwane S. Wilkinson
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS-AT-LAW
26 W, High Slreet
Carlisle, P A
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HEATHER L. WILKINSON,
Plaintiff
v.
DWANE S. WILKINSON,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 00-4927 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO
TRANSMIT THE RECORD
TO: Dwane S. Wilkinson
431 S. High Street
Mechanicsburg, PA 17055
Heather Wilkinson, Plaintiff, intends to file with the
Court a Praecipe to Transmit the record on or after November 8,
2001, requesting that a final Decree in Divorce be entered.
October 19, 2001
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SAIDIS, SHUFF, FLOWER & LINDSAY
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By:
,
Jo J.
Attorney D # 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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SHUFF, FLOWER
& LINDSAY
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26 W, High Street
Carlisle, PA
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HEATHER L. WILKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AND now, this
CERTIFICATE.
Iq~ day of
, 2001,
I hereby certify that I served the within NOTICE OF INTENTION TO
REQUEST ENTRY OF DIVORCE DECREE and NOTICE OF INTENTION TO
TRANSMIT THE RECORD this day by depositing same in the United
States Mail, First Class, Postage Prepaid, in Carlisle,
Pennsylvania, addressed to:
Dwane S. Wilkinson
431 S. High Street
Mechanicsburg, PA 17055
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated~
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.: 00-4927 CIVIL
DWANE S. WILKINSON,
Defendant
CIVIL ACTION - LAW 0 c:: CJ
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NOTICE TO THE DEFENDANT
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days after this affidavit has been served on you or the
statements will be admitted.
~LAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1.
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The parties to this action separated on Juty 2. :
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, and have continued to live separate and apart for a
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The marriage is irretrievably broken.
I understand that I may lose rights
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made
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Affidavit
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I understand
that false statements herein are made subject to
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unsworn
DATED:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
HEATHER L. WILKINSON
Plaintiff
No.
99 4927 Ci .:il
VERSUS
DWANE S. WILKINSON,
Defendant
DECREE IN
DIVORCE
AND NOW,
, [T [S ORDERED AND
DECREED THAT
~Q~rnQ~ T W~l~;~~~~
, PLAINTIFF,
AND
Dwane S. Wilkinson
, DEFENDANT,
ARE D[VORCED FROM THE BONDS OF MATR[MONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD [N THIS ACT[ON FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Property Settlement Agreement between the parties is hereby
incorporated but not merged.
BY THE COURT:
ATTEST:
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PROTHONOTARY
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
.
PENNA.
STATE OF
.
.
. HEATHER L. WILKINSON,
.
.
.
.
.
No.
00-4927 Civil
Plaintiff
VERSUS
.
DWANE S. WILKINSON,
.
Defendant
.
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.
DECREE IN
DIVORCE
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AND NOW,
, IT IS ORDERED AND
Heaicher I.. Wilkinson
DECREED THAT
, PLAINTIFF,
DWane S. Wilkinson
AND
, DEFENDANT,
.
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.
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.
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.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
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.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
.
.
.
.
The Property Settlement Aqreement between the parties is hereby
incorporated but not merged.
.
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By THE COURT:
.
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ATTEST:
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PROTHONOTARY
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HEATHER L. WilKINSON,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DWANE S. WilKINSON,
DEFENDANT
00-4927 CIVil TERM
AND NOW, this
ORDER OF COURT
z.(
day of October, 2001, the request of plaintiff
for the entry of a final decree in divorce IS DENIED at this time.1
Johnna J. Kopecky, Esquire
For Plaintiff
Dwane S. Wilkinson
431 South High Street
Mechanicsburg, PA 17055
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lPa. Rule of Civil Procedure 1920.72(d) requires that a Section 3301 (d) affidavit
notify the other party to file a counter-affidavit within twenty (20) days of service,
or the statements in the affidavit will be admitted. Rule 1920.73, providing for a
notice of intention to request the entry of a Section 3301 (d) divorce decree,
requires that it include a statement that, "You have failed to . . . file a counter-
affidavit to the S 3301 (d) affidavit. Therefore, on or after (a date), the other party
can request the court to enter a final decree in divorce." (Emphasis added.)
Here, the notice of intention to request the entry of a Section 3301(d) divorce
decree was served on defendant on the same date as the Section 330 1 (d)
affidavit. Because defendant has twenty days from service of the Section
3301 (d) affidavit to file a counter-affidavit, defendant cannot be notified on the
same day it is served that there has been a failure to file a counter-affidavit.
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HEATHER L. WilKINSON,
Plaintiff
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DWANE S. WilKINSON,
Plaintiff
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-4927
: CIVil ACTION - lAW
: DIVORCE
PRAECiPE TO ENTER APPEARANCE
Please enter my appearance on behalf of the Defendant, Dwane S. Wilkinson, in
the above-captioned matter.
Date:
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RESPECT FULL
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HEATHER l, WilKINSON,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000-4927
v.
CIVil ACTION - LAW
DWANE S. WilKINSON,
IN DIVORCE
Defendant/Respondent
ORDER OF COURT
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AND NOW, this ~ day of December 2002, upon a joint request from Plaintiff's and Defendant's
counsel, the he~ring scheduled for December 12, 2002, on Plaintiff's Petition for Special Relief is hereby
continued until ..)~. ~ . 2003, at . 3,00 P ,m" in Courtroom no, ::{ . in
the Cumberland County Court of Common Pleas, Carlisle, Pennsylvania,
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IN THE COURT OF COMMON PLEAS OF
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NO, 2000-4927
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HEATHER L. WilKINSON,
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v,
CIVil ACTION - lAW
DWANE S, WilKINSON,
IN DIVORCE
Defendant/Respondent
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ORDER OF COURT
AND NOW, this l2--day of ~ 2003, upon a joint request from Plaintiff's and
Defendant's counsel, the hearing scheduled for Feb~ary 3, 2003, on Plaintiff's Petition for Special Relief is
hereby continued until Monday, March 24, 2003, at 3:00 p.m., in Courtroom no. 'tL in the Cumberland
County Court of Common Pleas, Carlisle, Pennsylvania.
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JERRY R. DUFFIE
RICHARD W. STEWART
C. ROY WEIDNER, JR
EDMUND G, MYERS
DAVID W. DELUCE
RALPH H. WRlGffi, JR-
DAVID J. LANZA
MARK C. DUFFIE
MEUSSA PEEL GREEVY
MICHAEL J. CASSIDY
ROBERT M. WALKER
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANiA 17043-0109
WEBSITE: www.jdsw.com
HORACE A JOHNSON
COUNSEL TO TIlE FIRM
TELEPHONE 717.761.4540
FACSIMILE 717.761-3015
E-MAIL mail@jdsw.com
KEIRSTEN WALSH DAVIDSON
OF CoUNSEL
WRITER'S EXT. NO. 116
E-MAIL mcd@jdsw.com
February 11, 2003
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The Honorable Edgar B. Bayley
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Re: Heather L. Wilkinson v. Dwane S. Wilkinson
Cumberland County C.C.P.
Docket No. 2000-4927 Civil Action
Dear Judge Bayley:
Enclosed please find a proposed Order of Court with regard to the jointly requested
continuance I submitted with opposing counsel, Charles Rector, Esquire. I have also enclosed
pre-addressed, stamped envelopes in which to return the Order once you have had the
opportunity to review and sign the same.
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Thank you for your assistance in this matter.
Very truly yours,
JOHNSON, DUFFIE,
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Mark C. Duffie
T & WEIDNER
mmb:167827
12788-1
Enclosures
c: Charles Rector, Esquire (without enc.)
Mrs. Heather L Clawser (without enc.)
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HEATHER L. WilKINSON,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-4927
v.
CIVil ACTION - LAW
DWANE S. WilKINSON,
IN DIVORCE
Defendant/Respondent
ORDER OF COURT
AND NOW, this2.~ day of ~ 2003, upon a joint request from Plaintiff's and
Defendant's counsel, the hearing scheduled for Monday, March 24, 2003, on Plaintiff's Petition for Special
Relief has been continued indefinitely. Either party may reschedule by written request to the Court.
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JERRY R, DUFFIE
RICHARD W. STEWART
C. ROY WEIDNER, JR,
EDMUND G, MYERS
DAVID W. DELUCE
RALPH H, WRIGHf. JR,
DAVID J, LANZA
MARK C. DUFFIE
MELISSA PEEL GREEVY
MICHAEL J. CASSIDY
ROBERT M, WALKER
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
WEBSITE: www.jdsw.com
HORACE A. JOHNSON
COUNSEL TO lHE FIRM
"
TELEPHONE 717-76t-4540
FACSIMILE 717-761.3015
E;MAIL mail@jdsw.com
WRITER'S EXT. NO, 116
E-MAIL mcd@jdaw.com
March 21, 2003
The Honorable Edgar B. Bayley
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Re: Heather L. Wilkinson v. Dwane S. Wilkinson
Cumberland County C.C.P.
Docket No. 2000-4927 Civil Action
Dear Judge Bayley:
Enclosed please find a proposed Order of Court with regard to the continuarice we
requested, I have also . enclosed pre-addressed, stamped envelopes in which to return the
Order once you have had the opportunity to review and sign the same,
Thank you for your assistance in this matter.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
4&/.utC'/")fZ:
lC1ark C. Duffie
mmb:211304
12788-1
Enclosures
c: Charles Rector, Esquire (without enc.)
Mrs, Heather L. Clawser (without enc.)
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
Attorneys for Plaintiff
HEATHER L. WilKINSON,
Plaintiff/Petitioner
IN THE COURT OF COMII!IO"'PUASQF
CUMBERLAND COUNTY.PfiJlillllllVt..~
NO. 2000-4927
v,
CIVil ACTION - LAW
DWANE S. WilKINSON,
IN DIVORCE
Defendant/Respondent
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please withdraw the Petition for Special Relief for Enforcement of Property Settlement and
Separation Agreement which was filed to this docket on November 8, 2002.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: April 3, 2003
By:
rk C. Duffie
Attorney I.D. .7 06
301 Market Street
P. O. Box 109
lemoyne, PA 17043-0109
(717) 761-4540
Attomeys for Plaintiff
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CERTIFICA TE OF SERVICE
AND NOW, this J.tl day of April 2003, the undersigned does hereby certify that he did this date
serve a copy of the foregoing Praecipe upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Charles Rector, Esquire
1104 Fernwood Avenue
Suite 203
Camp Hill, PA 17011-6912
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
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