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HomeMy WebLinkAbout03-0162 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DA VID J. DODGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 0 3 ~ / (p A.. KA THLEEN M. DODGE, Defendant 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 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, 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, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DA VID J. DODGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. KATHLEEN M. DODGE, Defendant CIVIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar ace ion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados par el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court ofCornmon Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. US TED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DAVID J. DODGE, v. : NO. 03- 110 J... KATHLEEN M. DODGE, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is David J. Dodge, an adult individual who currently resides at 509 16th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Kathleen M. Dodge, an adult individual who currently resides at 1305 Brant Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and Defendant were married on October 29, 1983, Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions ofthe Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are three (3) children of this marriage under the age of eighteen years, namely: Amanda R. Dodge Katelyn M. Dodge Carissa L. Dodge DaB: July 30, 1984 DaB: February 12, 1987 DaB: March 16, 1992 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. lO. After ninety (90) days have elapsed from the date of the filing ofthis Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 330 1 (d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 330I(c) or (d) ofthe Divorce Code. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during the marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully Submitted, REAGER & ADLER, PC Date: //11 /0 }- By, D~~~ESQUlRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, P A 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERlFICA TION I, DAVID J. DODGE, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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: 31 \)~L D L CRRTIFTCA TR OF SRRVTCR I hereby certify that on the date set forth below a true and correct copy of the foregoing Complaint in Divorce was served on the following individuals via United States First Class Certified Mail, postage prepaid as follows: Kathleen Dodge 1305 Brant Avenue New Cumberland, P A 17070 Dated: J liP to ~ r{\ - w ..c. "" a ..( ..c -f /'> of __ - ..r. () )J -...) ~ ~ \> - ~ ~. .i) J }.. 0 ~\o\~~ I.. ~ - .' :~~ ,...} , \-) :::...:, \\NTSERVER\NTServer\R&AFamily Law\Client Dlrectory\Dodge, D\Marital Settlement. Agreement 6.wpd May 1.2002 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this \ S,!: day of (l1 fl..1 . .2002, by and between \ Kathleen M. Dodge, of 509 16th Street, New Cumberland, P A (hereinafter "WIFE") and David J. Dodge, of 509 16th Street, New Cumberland, P A (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on October 29, 1983, in Harrisburg, Pennsylvania; and WHEREAS, the parties are the parents of three children of this marriage, namely: Amanda R. Dodge DOB: July 30, 1984 Katelyn M. Dodge DOB: February 12, 1987 Carissa 1. Dodge DOB: March 16, 1992 WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented by Debra Denison Cantor, Esquire. WIFE is not represented. \\NTSERVER\NTScrver'iR&AFamily Law\Client Directory\Dodge., D\M.arital Settlement Agreement 6.wpd May 1,2002 The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. Husband shall in the future file a Divorce Complaint. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree upon the expiration of ninety (90) days. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or" execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and Page 2 of 10 \\NTSERVER\NI'Server\R&AFamily Law\Client Directory'Dodge, D\Marital Settlement Agreement 6. wpd May 1, 2002 benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Corrunonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. Page 3 of 10 \\NTSERVER\NTServer\R&AFamily Law\Client Directory\Dodge. D\11arital Settlement Agreement 6.wpd May 1, 2002 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were rmmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 509 Sixteenth Street, New Cumberland, Pennsylvania. WIFE hereby waives any right, title and interest she may have in said property. Concurrently with the execution of this Agreement, WIFE shall execute a deed transferring her interest in the marital home to HUSBAND. WIFE may continue to reside in the marital home for up to ninety (90) days from the date of execution of this Agreement. Thereafter, HUSBAND shall maintain exclusive possession of the home and be solely responsible for all costs and expenses therewith. Upon WIFE leaving the marital home, HUSBAND shall pay WIFE the sum of $50,000.00. Within 180 days of the entry of the Divorce Decree, HUSBAND shall refinance or otherwise assume all loans and obligations associated with the home. HUSBAND and WIFE recognize that the first mortgage is a V A loan which will require additional documentation. Both parties agree to execute any and all documentation required by the Veterans Administration. 8. RETIREMENT. HUSBAND is the owner of a military pension through his employment with the U.S. Army. WIFE is the owner of a 401(k) plan through her employment at Sears. WIFE hereby waives any right, title and interest that she may have to HUSBAND's military pension including her right to any survivor annuity. HUSBAND hereby agrees to waive any right, title Page 4 of 10 \\NTSERVER\NTServer\R&A Family Law\Client Directory\Dodge, D\Marital Settlement Agreement 6.wpd May 1, 2002 and interest that he may have in WIFE's 401(k) plan. The parties confirm that there are no other retirement accounts to be distributed in this Agreement. 9. BANK ACCOUNTS. HUSBAND has his bank account in New Cumberland Federal Credit Union. WIFE has her accounts at BELCO and Commerce Bank. The parties acknowledge that they have divided . the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 10. VEHICLES. The parties are the joint owners of a 1995 Ford Taurus and a 2001 Dodge Ram. WIFE shall retain the Ford Taurus and HUSBAND waives any right, title and interest he may have to said vehicle. HUSBAND shall execute all documents necessary to transfer vehicle to WIFE's name. HUSBAND shall retain the 2001 Dodge Ram which is subject to a loan. HUSBAND agrees to refinance this loan within six (6) months of the date of execution of this Agreement. WIFE agrees to execute any and all documentation necessary to transfer her interest in the Doge Ram to HUSBAND upon ten (10) days of a request to do so. 11. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. Page 5 of 10 \\NTSERVER\NTSe.rver\R&A Family Law\Client Directory\Dodge, D\MaritaI Settlement Agreement 6.wpd May 1,2002 12. DEBTS. The parties are co-obligors on a loan with BELCO with an approximate balance of $8,000.00. The parties are joint obligors on a Sears credit card with a balance of $4,900.00. WIFE hereby agrees to assume the balance of both of these loans and to refinance or otherwise remove HUSBAND's name as an obligor within ninety (90) days of execution of this agreement. WIFE further agrees to indemnify and hold HUSBAND harmless from said debts. WIFE also acknowledges that she has other credit card obligations in her own name. WIFE hereby agrees to assume responsibility for these payments and to indemnify and hold HUSBAND harmless from same. HUSBAND is the obligor on a Wachovia credit card debt with a balance of $8,000.00, a credit card debt with New Cumberland Federal Credit Union with a balance of $300.00 and a Lowe's credit card with a balance of $300.00. HUSBAND hereby agrees to assume responsibility for the repayment of said debts and agrees to indemnify and hold WIFE harmless from said debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 12. CUSTODY. The parties shall have shared legal custody of the minor children. Father shall be primary physical custodian of Amanda and Katelyn and WIFE shall exercise periods of partial custody as the parties agree. It is the parties intention to enter into a mutually agreeable custody arrangement with Carissa at such time that WIFE obtains a suitable residence. The Page 6 of 10 \\NTSERVER\NTServe.r\R&A Family Law\Oient Directory'Dodge, D\Marital Settlement Agreement 6. wpd May 1, 2002 parties agree that it is in Carissa's best interest to remain in the West Shore school district and to attend Hillside Elementary and New Cumberland Middle School. The parties agree that upon WIFE's relocation, they will work out a mutually agreeable custodial arrangement regarding Carissa. WIFE agrees that if she relocates outside of Carissa's school district, that she will provide Carissa transportation to school, if necessary. 13. CASH PAYMENT. In exchange for WIFE's waiver of the home and HUSBAND's pension, WIFE shall receive a cash payment of $50,000.00 which shall be considered equitable distribution. Said payment shall be made upon WIFE leaving the marital home 14. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 15. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. 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 breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether Page 7 of 10 \\NTSERVER\NTServer\R&AFamily Law\Client Directory\Dodge., D\Marital Settlement Agreement 6. wpd May 1.2002 enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW. Page 8 of 10 \\NTSERVER\NTSenrer\R&A Family Law\Client Directory\Dodge, D\Marital Settlement Agreement 6.wpd May 1,2002 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. IN WTINESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ;J4d~ L(fJ. Kcw. Witness ~vjflj{~ WI ess David J. D dge ~ athleen M. Dodge Page 9 of 10 \\NTSERVER\NTServer'R.&AFamily Law\Client Directory\Dodge, D\1vfarital Settlement Agreement 6.wpd May 1. 2002 COMMONWEALTH OF PENNSYLVANIA :55. COUNTY OF CUMBERLAND On the day of . 2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared DAVID J. DODGE, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: COMMONWEALTH OF :55. COUNTY OF On the day of .2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared, KATHLEEN M. DODGE, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: Page 10 of 10 -::J7- }.'~l.. :;;>:) N .-" -- " - o ." .-, -t: -j\ i-oF -Cl c0 ~~?C? " C;;~~ ~; (.~'-; . rn r....') '-.' ~'J6 '.<C DAVID J. DODGE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : No. 03-162 KATHLEEN M. DODGE, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Kathleen M. Dodge, Defendant, verify that I hereby accept service of the Divorce Complaint on the date set forth here below. Date: i 11110-3 '-' c;;:) ~~.~ c::'--' ::II" -,'''''' :;0 r'-> - , -< -0 -,,' -, o ~tl ~"D f11? -"orD .<::( '~ ~\ "::.~(~f, " '-'-'. ..~B <-,-ni , ) ~~ ~ :-<. r--:> N - DAVID J. DODGE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 03-162 KATHLEEN M. DODGE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 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. ~4904 relating to unsworn "- falsification to authorities. '--" / Date: (, /i i l)( ~ (') c "" c:::::> e:::-:J. CT' o -n :::l '1~}i:D r' ~nl'""!J '~lJC.J C_),,-_, ~~j::-< ,~ ::'.E~ ~C) ~:~');n ....-1 -'"," ~:(J -< -"0- J,."::" ~a N -c !', N DAVID J. DODGE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 03-162 KATHLEEN M. DODGE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY QF 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. .....---'- ,.....--... ...--"\ , /7", . Date:.3JI0)06 \,.l. )0 /(~-:::>~~ / David J. Dodge ( J/ ~. (') {::.~; r--" (';::::> c..:::) .::,-. ~- , ~ .......~. 7-' N - o -n .-\ ;t:-r'I l. .1f': -G(D ~,:J\7 ',-:?,C) ~..\:~ ~;~~ -'1'(\ :') ~j-j ~~ ....n - \".....) N ------ MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney J.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DAVID J. DODGE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 03-162 KATHLEEN M. DODGE, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before the divorce is granted. 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. 94904 relating to unsworn falsification to authorities. Date: )/16/0~ ~~t;- ;, -, .:::;:') ,~ cr> ::c ~:o o -n .-\ T ni:D r-' TIm -,}O ,-" ' .',--:~(') -~~ :-8 -~ (-) '~:,\"n ~I 5i -< N .." 0; """ MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney J.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DAVID J. DODGE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 03-162 KATHLEEN M. DODGE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER & 330I(c) OF THE DIVORCE CODE ]. 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 nladc in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Date: ) II b lOb ~ . ' .' r2 K hie," M. ~"dg, ~ ~ MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney J.D. No. 69t40 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DAVID J. DODGE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 03-162 KATHLEEN M. DODGE, 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 ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Defendant, Kathleen M. Dodge, on January 17,2003, by regular mail. 3. Date of execution of the Affidavit of Consent required by ~ 3301 (c) of the Divorce Code: by Plaintiff, David J. Dodge on March 10, 2006; by Defendant, Kathleen M. Dodge, on March 16,2006. 4. Related claims pending: Settled by Agreement dated May 1, 2002. 5. Date Plaintiff's Waiver of Notice in 9 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: March 16,2006 By: 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant r-' t"':-:> C::-.::l 6'" --c. ~ :r:-" ",,0 N - --0 o 'rl o ".1_4"'\ r\1 r=- -;-11\\ :\'Jt:,':-; '\[~~~~~\ :~c. (J 25'1< ___I -r? ~O .-"C - ('.) ~ ~~+~++~+~++++++~+++~++~++++++++++++~++++++++~+++++++++++++++++++++++++++++++++ . + + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + . . + . . . + . + . . + . . . . . . . . . . . . . . . . . . . . . . . . + + ++ + + '+' :+' + + . + . . . + . + . + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + . + + + . . . . + . + . . + . + . + . + . . . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~~~++'+'+++'+'+'+'+++++++++++++++++++++++++++++++++++++++++++++++~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY DAVID J. DODGE, PEN NA. STATE OF Plaintiff No. 03-162 CIVIL TERM VERSUS KATHLEEN M. DODGE, Defendant DECREE IN DIVORCE 2006 .2 8' frJ~ AND NOW, . IT IS ORDERED AND DAVID J. DODGE DECREED THAT , PLAI NTI FF. KATHLEEN M. DODGE AND , DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED: The terms of the parties' Marital Settlement Agreement dated May 1,2002, and attached hereto are incorporated herein but not merged herewith. ROTHONOTARY J. , ~~ I2v P ~~?>7?:? ~07kt: ?02C"r .~~ !?z: $ ~w~~.? ./~ "?o. ~'F