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HomeMy WebLinkAbout97-06257 C!ll ~ '\ / / ,/ " , ..... . , to- ~ " ,'1 I' ~ ~.' ~ '.' ~ v ~ ',' $ ~ ',' $ ~ v .~ ~ ~ ... ~ r,' ~ ',' .~ ~ '" .:..;. .:+:. .:+;. ~, -"1 " , .~'~:~,.~.~,*..*,~..~..*,.~..*,.~..~,~:..~..~:':..~.,~..~..*..~.~,.~..~.~~ I~ ~ j ,~ -:.;. .~.:. .:+:.' , , ~I : \ ~: IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ I", ..., .., . " .. .,. . . . :~:. -~. .:fe- .:.:- .:+:. .:.:. .:+:. -:+:. .:.:. .:+;. -:+:. -:+;. .:.;. ~I -.,( ~, "'1 ~I , I ~1 , I ~'. , , '411 ",/ ~I ~ ',- OF CUMBERLAND COUI\ITY 'it ,\I STATE or:" ,\~;~~~ I_I r",. ,~,Jt',,". .-.) \. ":'~.J"':'I PENNA. JOSEPH S. DICKINSON i\; II, 97-6257 JI)97 ~ ',' Plaintiff ~ \'I'I',d/;; ~ ',- NICOLE R. DICKINSON ~ ~I 1,'( , ' ~\ ':'1 ~1' , i ~J , I ~\ .,,) ~\ .:.1 ~ ',' Defendant DECREE IN DIVORCE AND NOW, ' , ,1>(vQ~,', . . . " 19 98, , " it is ordered and dflCreed that ,JO~Wf,~.,OICKIN~ON" ond ' . , , , , , , N1COLE. R., D1CKINSON, , . , . , , , . , , . ~ ',- , , , , , , , . , , , , " plaintiff, , , . , , , , , , , , , " defendant, ore divorced from the honds of matrimony, The attached Marital Settlement Agreement is incorporated but not merged into this Decree. The court mtains iurlsdictlon of the following claims which have been raisfld of record in this action for which 0 final order has not yet been entered; NONE .........................,....... .;,............, ,., , , , , , , , , , , , , , , , , , , , , .), , , , , , , , , , , , , , , , . , "" , / ". T,tJc(\V;j. Pl'olhonolnry -:.:. .:+;. -:+;. -:+;. .:+;. -:+;. .:+;. -:+;. -:+;. .:+> ':~:. .:+;. -:+> .:+;. i~ I' (':1 I~ I,'. i~ ~~ I,:, I~ l~ I'. ',' ~ ',' ~ " ~ ',' ~ ',' ~ '.' ~ '" ~ ',' 1.', ~ ~ ',' " ~ ',' ~ '" ~ ~ ',' $ j~ 1'41 .. ~ '.' * ~ v *- '.' ~ ',' ~ ',' ,;, " ~ ., ~ ',' ,;, " ,;, " .'. * ~ .~ " 13'::.',( ()j r!~'y /I!:"'& .&c {t',it ';flW1..i'" t.I '>(,1.. .. 1'1', I ./ /' it' ' I'J '(J 7/i'td,. I/.I....t:~ ,7/. ?7fr. " " I' .J.1in-29'-Ol 09:02A M ARIT AL SI<~TI'LF.MI;NT..MiRE.EMto:NT nus AGREEMENT, made IhislllJay of N,) Vi',/l, \ ':":"_, 1997, by and between Nicole R, Dickinson, of Mechanicsburll, Dauphin County, Pennsylvania (hcrcinaficr referred to as "WIFE") and Joseph S. Uieklllson, of Meehanlesburll, Dauphin County, Pcnnsylvunia (hereinafter referred 10 as "HUSBAND"): WITNI<:SSF.TH: WHEREAS, the parties were married on September 4, 1993. and; WHF.REAS, one child has been born of this marriage. nlllTlely Taylor Austin Bradely Dickinson. and; WHEREAS. diverse, unhappy differences. disputes and difficulties have ariseu . between the panics and it is the intention of WIfE and HUSBAND to live separate and apan, and the parties hereto life desirous of settling fully and finally their respective linancialand property nghts and obligations as between each other, including. without limitation by specification: the sell ling of all matters betweon them relating to the ownership and equitable distribution of real and personal property; settling of all matters betweeo them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of IlUSBANU by WIFE; settling of all matters between them relating to the pasl. present, and future support and/or maintenance of the children; the implementation of clIstody and visitation P.02 Jan-29-01 09:02A P.03 arrangements lor the minor child of Ihe parties; und in general, Ihe settling of any and all claims Ilnd pOSSible claIms by one agoinst Ihe olher or Ilgainstlheir respective estates, NOW, THEREFORE. in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth Ilnd for other good and valuable consideralion, receipt of which is hereby acknowledged by each oflhe parties hereto, HUSBAND and WIFE, each Intending 10 be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall al all times hereafter have Ihe righlto live separate and apart from each olher and 10 reside from time to time at su~11 place or places as they shall respectively deem lil, free from any control. restrainl or interference whatsoever by the other. Neither party shall molest the olher or endeavor 10 compel the olher to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their Ii ving apart 2. INTERFERENCE: Each party shall be free from interference, authorilY, and contact by the other. as fully as if he or she were single and unmarried, exec'Pt as may be IIceessary to carry out the provisions of thiS Agreement. Neilher party shall molestlhe other or attempt 10 endeavor 10 moleslthc olher. nor eompcllhe other 10 cohabilale with Ihe other, or in , any way harass or malign the other, nor in any way interfere with Ihe peaceful exi5lenee, 2 Jan-29-01 09:02A P.04 separale and apart Irolllthc other, ami each of the parties hereto complelely understands Ilnd agrees that neilher shall do or say anything to the child of the parties lit anytime which might in anyway intluence the children udversely ugainstlhe other party, It beinglhc Intention of both flllrties to IIllnillli~e the effecl of any such separation lIpOO the child. 3. AGREEMF.NT NOT A BAR TO DIVORCE PROCEEQIl'l!.i.S: This Agreement shall not be considered to affect or bar Ihe right ofHUSBANLJ or WIFE 10 a divorce on lawful b'TOunds as such grounds now exist or shall hereafter exist or 10 such defense as may be available 10 eilher party, This Agreement is notlnlended to condone und shall not be deemed 10 be II condonation on the part of either party hereto of any act or ucts on the part of Ihe olher party which have occasioned the disputes or unhappy differences which have occulTed prior 10 or which may occur subsequent to the date hereof, 4. SJ..!BSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND willlile a Complaint in Divorce in Cumberland County claiming that the marriage is irretrievahly broken under Section 3301(e) of the Pennsylvania Divorce Code, WIFE hereby expresses her agreement that the marriage is ilTetrievahly broken and expresses her intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant 10 Section 3301(e) of the Divorce Code althc same time as she executes lhis Agreement. The parties hereby waive all rights 10 request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as 10 equilable distribution ot'property oflhe 3 Jan-29-01 09:03A P,05 p~rtics are accepted by each party ~s u nnul sclllcmentlor nil purpo~es wh~t~ucvcr, ~s cuntcmplated by thc I'cnnsylvanl~ Divorce Code, Should a decree. judgment or order of divorcc be obtained by either of thc p~rtles in this or any olher slate, country or jurisdiction, each ofthe pll11ies herehy consenls and agrees that this Agreement and all ofilS covenants shall not be affected in any way hy such separation or divorce; lUld Ih~t nothing in any such decree, judgment, order ur further modineationur revision thereof shall alter, llmend or vnry nny term of Ihis Agreemcnt, whether or not eilher or hoth of the p~rties shull remarry, It is thc specific Intent of the parties to pennit this Agreement to survive any judgment and to be forever hinding and cOllclusivc upon Ihe parties 5. INCORPORATION IN DIVORCE Dt:CREE: It IS further agreed, covenanted ~nd stipulated that this Agreement, or the cssenllal parts hcreof, shall be incorporated in any decree hereinafter entered by nny court uf competent jurisdiction in ~ny divorce proceedings that have been or muy be instituted by the parties for the purpose of enforcing the contractual obligutions of the parties, This Agreement shall not be mergcd in any such decree but shall in all respects survive the same nnd be forever binding und conclusive upon the parties, 6. EFFECTIVE DA TJ::: The effective dnte of this Agreement shall be the "date of execution" or "execution date." dctined as the dute upon which it is executed by the parties if they have each execnted this Agreement on the same date, Otherwise, the "date of 4 .Jan-29-01 09:03A P,06 cxecution" or "execution ulIte" of this Agreement shall be delined liB Ihe dale of cxccution by the party lasl executing this Agrccment. 7. DISTRIBUTION DATE: The transfer of property, funds and/or uoeuments provided for herein. shall only take place on Ihe "distribution" date which shall be defincd as the dale of execution of this Agreement unless otherwise specified herein, I [owever, the support and/or alimony payments, if any, provided for in this Agreement shall lake effect as set forth in this Agreement. 8. MUTUAL RELEASE: HlISBAND and WIFE eaeh do hereby mutually rcmise. release. '1uit,elaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and Irom any and all rights, litle and interest, or claims in or against the property (including income and gain from property hereafier accruing) of the other or against lhe estate of such other, of whatever nature IInd wheresoever situated. which hr,or she now has or at any time hereafter may have againsl the other, the eBtate of such other or any part Ihereof, whether arising oul ofuny fanner acts. contracts. engagemenls or liabilities of such other or by way of dower or curtesy, or claims in Ihe nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance. or under the intestate laws, or the right 10 take against the spnuse's will; or the right to treat a lifetime conveyance by the other as a testamentury. or all olher rights of a surviving spouse to participate in II deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any Slale. Commonwealth or territory of the United States. or (c) any country or any rights 5 Jan-29-01 09:03A 1',07 which either party may have or at allY time hereafter shall have for past, prescnt or future suppon ur maintenunce, alimony, alimony pcndente lite. counsel fees, divisiunllfprupcrty, costs or expenses, whether llrising 115 u result of the marital relations or otherwisc, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the hreueh of any provisions thereof, Il is the intention of IIUSBAND and WIFE to give each other by the execution of this Agrecment a full, cumplete and gcneral rclease With rcspcctto any and all properly uf any kind or nature. real, persunal or mixed, which tbe other now owns or may hcreafter acquire, except and only except all righls IInd agreements and obligations of whatsoever nature arising or which may arise under this Agrecment or lilr the breach of any provision thereof. It is further agreed that this Agreement shall be and conslltute a full and final resolution of any and all claims which each of the parties may have against the olher lor equitable division ofpropeny, alimony, counsel fees and expenses, alimony pendente lite or any othcr claims pursuaotto the Pennsylvunia Divorce Code or the divorce laws of any other jurisdiction, 9, COUNSEl.: This Agreement has bcen prepared by Jo:MIL Y L. HOFFMAN, F.squire, counsel for HUSBAND, At the commencement of IInd at all stagcs during. thc negotiation of this Agreemcnt WIFE has hecn mformed that EMILY L HOFFMAN has aetcd solely as counsel for WIFE and has nol advised or represented WIFE in any manner whatsoever, WIFE at thc commencement of. and at all stages during the ncgotiation of this Agreemcnt has bccn advised that WIFE could be reprcscnted by her own counsel but at all times has elected not to be so representcll. WIFE has rcad this Agrcement 6 Jan-29-01 09:04A P,OB carefully umllhorollghly, fully ullderstunding each of 115 provisions. Bnd therefore signs it clearly and volunlarily, IIlJSnANO und WIFE ucknowledgc thatlhis Agrcemenlls not the result ofuny duress or unduc Inlluenee and Ihat it is nollhe result of any collusion or improper or illegal Agreement or Agreements. The parties further llekllowledge that they have each made to the olher a full accounting of their respective llSsets, estate, liabilities, and sources of income and Ihat they wuive allY specllle enumeration thereof for the purpose of this Agreement, Euch purty agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving Ihis Agreement, with the exception of disclosure lhat may have bccn fraudulently withheld. 10, WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that lhey have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of Ihe other party may be responsible or liable except as may be provided for illlhis Agreement. Each party agrees to indemnify and hold the other party hannless for and against any and all such dehls. liabilities or obligations of every kind which may have heretofore been incurred by them, including those for nccesslties, except for the obligations arising out of this Agreement. II. WARRANTY AS TO FUTURE OBI,IGATIOi'IS: HUSBANO and WIFE cl.wenanl, warrant, rcpresent and "b'Tee thaI, with the exception of obligations set forth in 7 .Jan-Z9-01 09:04A P,09 this Agrccment, neither of them shall hereutler Incur uny liability whatsoever lor which the estale of the olher may be liable, ElIch party shull indemnify and hold hunnless the other party for and against any and 1111 debts, dlllrges and liabilities Incurred by lhe other aner the execution date of thib Agreement, except as may be otherwise specifically provided for by the lenns of this Agreement. 12. DEBT OFTHE PARTIES: HUSBAND agrees to pay and be: solely responsible for all debts in bis name, HUSBAND agrees to indemnify and hold WIFE hannless from any and ull liability associated wilh said debt, WIFE agrees 10 pay and be solely responsible for all debts in her name. WIFE agrees to indemnify and hold HLJSBAND hannless from any and ullliability associated with said clebt. ll. RF.AL AND PERSONAL P.RQfE~: The parties have divided belween tbem, \0 their mutual satisfaction. lhe marital residence, the personal effects, household furniture ancl furnishings, and all other articles of personal property which have heretofore been used by them in common. and neither party will makc any claim to any such items which are now in the possession or under the control of the other, Should It become nceessary, the parties each agrec to sign any titles or documents necessary to give effeelto this paragraph upon request. By these presents, cach of the parties hercby specifically waives, releuses, renounecs and forever abandons whatever claims he or she may have with respect 10 any personal property 8 Jan-29-01 09:14A P.02 which is in the possession of the olher, and which shall hecome the sole ami separate pmperty of thc other from thc dalc of execution hereof, 14. IIANK ACCOI..1.Nlli~ HlISBAND IIml WIFE lIeknowledge Ihat they [ ~ /, I I each possess certain hllnk accounls and the like in their respective names. They hereby agree that each shall become sole owner of their respective uecounts and they each herehy wuive any interest in, or claim 10. uny funds held by the other in sllch accounts, " 15. MOTOR VEUICU~S: With respect to the motor vehicles owned hy one or both of thc purties, the partics agree that the Honda Passport shall be lllHI remain Ihe sole and exclusive property of WIFE, WIFE agrees to be solcly responsIble for the amounts presently duc and owing aguinst her respective automohile, 16. AFTER-ACOUIRED PROPEI{TY: Each of the parties shall herealler own und enjoy, independently of any claim or right of the other, all items of property, bc they reul, pcrsonal or mixed, tangihle or intllngible, which un: hercafter ucquired by him or her, with full power in him or her to dispose of the sanle as fully and effectively, in all respccts und for ull purposes as though he or she were unmarricd, 17. CHILD CARE COSTS: Thc parties agree to divide child cure coslS cYllally, Thc parties agree to divide the child's non-insured medical. dental and optical cxpenses with HUSBAND to pay 63% and WIFE to pay 37%, 9 Jftn-29-01 09, 14A P,03 18, C!.1.STODY: The parties shall share leglll and physi<:al custody of ihe minor child. Taylor Austin Hradcly Dlckmson, Elich party shall have an equal amount of lime with the child with each to have custody of the minor ehild every other wee!umd and every other Monday to Wednesday, Thc parties shall ahemate holidays with the exception uf ChristmlUl which shall be shared equally hy the pllrtics, Each party shull have 2 weeks of vacation per year which must be taken over the party's weekend of visitation, 19. IU"NF.SS OF CHILD: In thc event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other mellns, infonning thc other party of the nature of the illness During such illness, cach party shall have the right to visilthc child as oOen as she or he desires, consistent with the proper medical care of the said child, The word "Illness" as used hcrcin shall mean any disability which eonlincs thc child to bcd undcr the direction of a liccnsed physician lor a period in excess of 48 hours, 20. INCOME TAX EX~~MI)'flON: The parties shall allcrnate claiming thc minor child as an exemption for income tax purposes, WIFE shall be entitled to claim Taylor in the odd numbered years and HUSBAND shall be entitled to claim Taylor in the cven numbered years, In order to comply with this paragraph, thc parties agree to execute, upon request ofthc other party, a writtcn declaration conforming to IRS Form 8332 stating that hc or she shall not claim Taylor as a dependent for federal incomc tax purposes. The parties understand that they may be rcquircd to attach this written declaration on an annual basis to 10 , '--'. Jan-29-01 09:15A thm income lax reI urn for any taxable year in order 10 claim thc depcndeney cxemption for the child, 21. INCOME TAX PRIORREI.1IRN's: The partics have heretolbre l1Ied joint Fcderal and state tax rctums. Both parties agree tbat in the event any delicieney in Federal. stale or local income tax is proposed, or aoy assessment of any such tax is made against either of thcm, each will indemnify and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penally and expense incurred in connection therewith, Such tax, interest. penalty or expense shall be paid solely Md entirely by the individual who is finally detennincd to be the causc of the misrepresentations or failures to disclose the nature and extcnt of his or her separate income un the aforesaid joint relurns, 22. APPLICABILITY OF l' AX LAW TO PROPERTY TRANSFERS: The parties hereby agree and 'express their intent that any transfer of property pursuant to this Agreement shall be within the scope and apphcability of the Deficit Reduction Act of 1984 (hereinafter the" Act"), specifically, thc provisions of said Act pcrtaining to Ihc transfers of property betwccn spouses and fanner spouses, The parties agree to sign and cause to be tiled any elections or other documents required by the Internal Revenue Service to rcndcr the Act applicable to the transfers set forth in this Agrccment without rccognition uf gain on such transfer and subjcctto the carry-over basis provisions of the said Act. 11 ' P.04 J~n-2~-Ol 09:15A 23, WAIV[R Ol<~y: HUSBAND llnd WIFE recognize and acknowledge that the foregoing provisions for their indivlduul benellt an.: satisfactory with regllfd 10 support und muintcnance. past, present and future, The parlies release and dist:harge the otht:r abmlutely and forever for the rest of their lives fwm all claims and demands, pasl, present or future, for alimony or for any provision for SUPPOIl or maintt:nance, except as specirkally provided for herein, The parties lurther acknowledge that in considcration ofthe transfers made herein each completely waives and relinquishes any and all claims aml/ur demands they muy oow have or herealler have agllinst the other for alimony, alimony pendente lite, sponslll support and counsel fees, except us specifically provided for herein. 24. EFFECT OF DlVORCI<: DECREIi:: The parties agree that, except as otherwise specilieally provided herein, this Agreement shall continue in full force and effect aller such time as a linal Decree in Divorce may be entered with rcspectto the partics, 25. BREACH: If either party breaches any provision of this Agreement. the other party shall have the right, at his or her election to sue for damages for such breach or seck such other remedies or relief as may be available tu him or her, and the party breaehingthis contract shall be responsible for payment of reasonuble legal fees and costs ineurrcd by thc other in enforcing their rights under this Agrcement. 26, WAIVER OF CLAIMS: Except as herein otherwise providcd, each party may dispose of his or her property in any way, and each party hereby waives and Jan-29-01 09:15A P.06 relinquishes any and 1111 rights he or she: shall now have or hercal\er acquire, under the present I1l1d future laws of any jurisdiction. 10 share in Ihe property or the estate of the other 11511 rcsult of the marital relationship. ineludull! without limitation, dowcr. curtesy, StlltutOry IllIowance, Willow's allowance, right to take in intestacy, right to take againstthc Will of the other, ~:ld the right to act as administrator or executor of the other's estate, and each wi II, lit the request of thc other, execute, acknowledge and deliver any WId all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 27. .,;NTIRE AGRJ!:EM.,:NTS: This Agreement contains the entire understanding of the parties and there arc no representations, warranties. covenants or undertakings other than those expressly set forth herein. 28. M:iREEMENl' BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective beirs. executors. administrators, successors and assigns, 29. ADDITIONAL INSTRUMENTS; Each of the parties shall from lime to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments rhat may be reasonably required to give full force and effect to the provisions of this Agreement. 13 ,"WT1'L-,J~' Jnn-29-01 09:16A P. C17 30. VOID ~LAUS~:S: 1(' any tllnn, condition, clausc or provision 0(' this Agreement shall be detennined or deell1red to be void or invlllid ill law or otherwise, then only that teml. condition. clause or pruvision shall be stricken from this Agreement and in all other respects this Agreement shllll be valid and continull in full force, effect and operation, 31. INDEPENDENT SEPARATE COV.:NANTS: It is specilically understood and agreed by and betwllen the parties hereto that el1eh paragraph hereof shall he deemed to be a scpamte IUld independent Agreement. 32, MODIFICAtiON AND WAlYER: A modilication or waiver of any or Ihe provisions of this Agreement shl1l1 bc el'lCelive only ifmade in wnhng and l:xeeuted with the same formality as this Agrecment. The failure of llither party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaulls ofthe same or similar nature, 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein arc for convenience only, They shall have no affect whatsoever in determining the rights or uhligations of the parties, 34. Al'fLKAJU,.E.LAY\': This Agreement shall be construed under the laws of the Commonwealt!l of Pennsylvania and more specifically under the Divorce Code of 1980 14 Jan-29-01 09:16A P,OB llnd W1Y amendmenls thereto, IN WITNESS WHEREOF, lhe pllrties hcreto hllve set their hllnds IInd HCllls the dlltc und YCllr llrstllbove written, J~ ( I. ~,_ \jP _ \ t.lk___ WITNESS a- I" /IU/9!I'/#-' WITNESS , J", l oS ",LJ. 0_._" (SEAl.) Jtseph S, Dickinson \ VI i(,tex i ~(C1J'L~~..LLJ:J~AL) Nicole R. Dickinson , " IS Jan-29-01 09:16A P.09 COMMONWEALTII OF PENNSYLVANIA COUNTY OF CUmlb15LJ..I/tNO ) ) SS: ) On Ihis, the fl..day of "')(i{l'ffi11~. 1997, before me, a Notary Public. the undcrsign~d officer, personally appeared Joseph S, Dickinson, known to me (or satisfactorily provcn) 10 he the person whose name is subscribed 10 thc forcgoing Property Settlement Agreement WId acknowl~dged that he/she executed the same for the purposes therein contained, 16 IN WITNESS WmEREOF, I hercunto set my hand and official seal. InW,IYl1llv/1Ji1l1fM) NOI2~ll""'_~' -,- '" C"~N'(l \,J~urAIiI;\I:SfAL -.- G'-nip Iliil8ol,~GaLOoD, NO!JIY PUMo _!!,. C'Jlllml:;,:cn r' ~,umbcltand County , . .. . , .._-:I:~C.::~~o 22, 19M -.......-..., Jdn-29-01 09:17A P.l0 .S)f.yl? <!I" /~! // /1'',( :/t'"!,, /" "'.~' ~'/~'.v(.-I/t:'.). COUNTY OF _ ,. """/ ) ) SS: ) In' On this, thc/?-day of .L1!s'I,<,%'):)/ft'~? , 1997, before me, II Notary Public, the undersigned oflicer, pcrsonally appeared Nicole R. Dickinson, known to mc (or salislilcto:ily proven) to be the pcrson whosc name is subscribed to the forcgoing Propcrty Setllelllenl Agreement and acknowledged that he/she executed the same for thc purposes thcrcin contained. IN WITNESS WHEREOF, I hercunto set my hand and official scal. ."'f" -'.' 41-' ____ I --");.' vfll/(!d'l) /t / /;;'h 4-:S Notary Public JEANINE It ROllINS Comml5!lon' 1115702 ~1"1(1I" I\JbHC - ~oIlfomla r ^ 'VTf"IIJS County ,r" Nov 22, 2CO) . JEANlNEIt IlOa'e N CommIlllon. 1115702 olory f'\JbIIo - ColIrlorlcI l05 AnoeIeI Col.ntv Mv Comm. e,p... Nov 22.lIQl 11m I 17 \t .., " . , I, , r-' ,: 1 \1';'. ,I...:~,\ '. , .....,-''W''....I j ~ [.. ,'"'t' r ~"~ ..... 'I' , , 'f. ",.~,...", " .". ~ , ~,;,1I' l.,c:t" I 1 I JOSEPH S. DICKINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6257 v. NICOLE R. DICKINSON, DefelllJanl CIVIL ACTION: LA W IN DIVORCE PRAI<:CIPE TO THANSM1T ImCORD TrUllsmit lhe record, together with the following infonllation, 10 the Court for entry of a divorcc decrce: 1. Grounds for divorce: Irretricvablc breakdown under Section 3301(.:) of the Divorce Code. 2. Dalc and manncr of service of thc Complaint: Serviec was acccptcd by lhe Dcfendunl on Novcmber 11, 1997, by signing un acccpluncc of scrvice. 3. Dalc ofcxcclltion of the Affidavit ofConscnl requircd by Scction 3301(c) ofthc Divorce Code: by Plaintiff, on 8/24/98; by Dcfcndant, on July 18, 1998. 4. Helulcd claims pcnding: No cluil1ls werc ruised. 5. Dute ofliling of the Plaintiffs Waiver of Notk'il is 8/26/98. Datc of filing oflhc Defcndant's Wuiver of Notice is 8/6/98. BY: Respcclfully submitted, ( '~~I~ ~ ~. ~O'~~M~~, ESQUIRE Supreme Court 1,[),#66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Attorncy for Plaintiff Date: August 25, 1998 tJt)I~I).1 C1mTIFICATE OF SERVICE 1 hercby certify thaI I scrved a copy oflhe foregoing documcnt upon the pcrson(s) and In thc munncr indicated bclow, which service satisfics the requircmenls ofthc Pennsylvania Rulcs of Civil Proccdure, by deposiling a copy ofsllmc in the U.S. mail, First-c1nss postugc prepaid, as follows: Nicole R. Dickinson 4516 Warrington Avenue, Apt. 13 Mcchunicsburg, P A 17055 BY: (' t 0';1 t-_I,I Ir- EMk Y L. HOFFMAN, ESQUIRE Supreme Court 1.0.#66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 DATED: 8/25/98 90150-1 Attorney for Plaintiff \ , , , . r' II . '. , , " . W.4:_.._...........~_ _ ' JOSEI'll S. DICKINSON, Plaimiff IN TilE COURT OF COMMON PLEAS CUMUERLAND COUNTY, PENNSYI.V ANIA v. NO. If) - ,:,y;/ CIVIL ACTION - LA W IN DIVORCE " . I (" ,,- U(JI, '_1,'(", NICOLE R. DICKINSON, Defendant NOTICE TO DEFEND AND CI.A1M 1UGlITS. You havc bcen sucd in Court. If you wish to dcfcnd ugainstthc e1uims sct forth in the following pugcs, you must tukc prompt action. You arc warncd thut if you fail to do so, thc cusc muy procecd without you and a Dccrce of Divorcc or unnulmcmmay hc cntercd ugainsl you by thc Court. A judgmcnt may also bc cmercd aguinst you for any othcr claim or relief requcslcd in thcsc pupcrs by thc Plaimiff. You muy losc money or propcrty or othcr rights importuntlO you. Whcn the ground for divorcc is indignities or irrclricvublc brcukdown of thc murriagc, you may rcqucst marriugc counscllng. A list of murriagc counselors is uvuilublc Inlhc officc of the Prothonotury ut lhc Cumbcrland Counly Courthousc, Carlislc, Pcnnsylvuniu. 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 MA Y LOSE TilE RIGIIT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER on CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrutor Cumberland County Courthousc One Courlhouse Squurc Curl isle, PA 17013-3387 (717) 240-6200 Le han demundado u usted en la cortc. Si uslcd qulcl'e dcfenderse dc cstas demundas expucstas en las paginas siquiemes, usted tiene vcintc (20) dias dc plazo ul purtir de lug fecha de lu demunda y la nOlificucion. Usted debe prcscntur unu upuriencia escrita 0 en pcrsona 0 por abagado y archivul en la corle cn limnu excrita sus defcnsus 0 sus objccciones alas dcmandas cn contra de su pcrsona. Scu uvisudo quc si ustlcd no sc detlcndc, la corte tomara medidus y puede entrur unu orden contru usted sin prcvio aviso 0 l1otitlcucion y pOl' cuulquier queja 0 ulivio que cs pedido enlu pelicion dc demundu. Usted puedc pcrdu dinen> 0 sus propiedudes 0 olros derechos importantes paru ustcd. LLEVE ESTA DEMANDA A UN ABAGADO INMEDlATAMENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL D1NERO SUFlCIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFlCINA CUY A D1RECCION SE ENCURENTRA ESCnlT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrutor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (7\ 7) 240-6200 JOSEPH S. DICKINSON, Pluintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 'i' / .. .. ) '/ I i",1 '/ 1/.' NICOLE R. DICKINSON, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 330Hdl QE.'J'HE DIVORCE CODE 1. Pluintiff Is Joscph s. Dickinson, who has rcsided at 4172 Antelope COllrt #1 16, Mcchanicsburg, Pennsylvuniu, since April 1997. 2. Defendant is Nicole R. Dickinson, 4516 Warrington Avenue, apt. 13, Mechanicsburg, Pennsylvaniu, since January 1997. 3. Plaintiff and Dcfcndant huve been bona fide residents in thc Commonwculth for utleast six (6) monlhs immediutcly previous 10 thc filing of this Compluint. 4. The Plaintiff and Defendunt wcre murried on September 4, 1993. 5. partics. There have bccn no prior actions of divorce or for unnulmelll bctwcen the 6. Neither of the purlics in this action is prcsently u member of thc Armcd forccs. 7. The Plaintiff und Defendunt are both citizens of thc Unitcd Stutcs. 8. Plaintiff hus been udvised of the avuilubllity of murriugc counscling and that helshe may huve the right to request the Court to require lhe partics to purlicipute in such counseling. Being so advised, Pluintiff docs not requeslthut the Court rcquire thc purties to participate in counseling prior to a divorcc decrcc being hundcd down by lhc Court. 9. Thc Plaintiff avers that thc marriage is Irretrievably broken. WHEREFORE. Plaintiff requcsts the Court to enter a Decrce of Divorce. DATED: \D/p)lq~7 {' . By: (-(huG,-, J'.., 1./1,1 ,..- EMILY LON~N, ESQUIRE Sup. CI. I. D. # 66307 105 North Front Street P. O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 AFFIDAVIT Joseph S. Dickinson, being duly sworn according to law, deposes and says that the facls contained in the foregoing Complaint in Divorce arc true und correct 10 the best of his/hcr knowledge, informution and bellcf. ~~ljJ.L_ Joseph S. Dickinson Dute' "I ' . oliol'n " , , ~' 'I " , ' ~ ' " " , ' r' , ' "I' ~ " (., 'f> ,:,' ~~ ') ~\ '\ _' I, " ~B 10 Iv.; \ ~ V) f'.V) " " ~ ~ '~ \>... f'. 'XI -:,.; \>. ,,' '-<" ~t ,. I '," I:; .. ',',j " , . " "~,I >,', " <I" I'.; i"'; ! \.. ," .'" I ..~ 'J' ,j IJ , ' JOSEPH S. DICKINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-6257 NICOLE R. DICKINSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VI,. OF CONSENT I. A Complaint in Divorcc undcr Scclion 3301(c) of the Divorcc Code wus liIcd on Novcmbcr 12, 1997. 2. The marriagc ofPluintiffund Dcfcndant is irretricvubly brokcn and nincty duys havc clupscd fromlhc dute of filing und service ofthc Compluinl. 3. I conscnt 10 the cnlry ofu finu1 dccrce of divorce after scrvicc of no lice ofintcntion to rcqucsl cntry ofthc dccrcc. I vcrify that lhc stalemcnts Illudc in this Affidavil urc true und corrccl. I undcrstund that falsc stulcmcnls hcrein ure Illudc subjcct to the pcnaltics of 18 Pa.C.S. 94904 relating 10 unSWOlO falsificution to uuthoritics. Dutc: :~ I." tI (I ~ "-~ i /, L t (,_ ~- - _J \. t ,,-___~ J<5s PH S. DICKINSON ,1 . . , " JOSEPH S. DICKINSON, Plalllliff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.6257 v. NICOLE R. DICKINSON, Dcfendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce undcr Scclion :l301(c) oflhc Divorcc Code was filed on November 12,1997. 2. Thc murriage of Pluintiff und Dcfcndant is irrclricvubly brokcn, and nincty (90) duys huvc clupscd frol111hc dutc of the filing ofthc COl11pluint. 3. I conscntlo thc entry of u finul dccrcc of divorcc. 4. I undcrstand thut I muy losc rights conccming alimony, division ofpropcrty, allomcy's fecs or expcnscs if I do nol claim thcm bcfore u divorce is grunted. I vcrify thut thc stulcl11cnts mudc inlhis uffidavit arc true and correct. I understand that fulsc slalements hcrein urc mude sllbjccllo the penulties of 18 PU.e.S. Section 4904 relaling to unswom falsificalion to ullthoritics. "~ ., ,. (. 'J DU1C:~ L _ ' ;, l}(L~ Q (~~('bl1J.fIL. Nicolc R. Dickinson . ..... en . h; l:: -" ,'.. ,- .. ., ,'" _of ' ~. r III , tJ- l< f,'1 I: '.1'1' (fl, ....) b-;:, , ! -. .,...1'1 ~' !{'.J lJ,., ic_ " ..--~ " eLl ".':j (-, ':" U , " JOSEPH S. DICKINSON, Pluillllff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-6257 NICOLE R. DICKINSON, Defendant CIVIL ACTION. LA W IN DlvonCE WAIVER OF NOTICE OF INTEHIION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER t3301(c) OF THE DIVORCE CODE 1. I conscnt to the entry of a finul decrcc of divorcc wilhout noticc. 2. I understand that I may losc rights conccrning alimony, division of property. , lawyer's fccs or cxpcnses if I do not c1aimlhcm beforc u divorce is gruntcd. 3. I undcrslund thut I will not bc divorced until u divorcc dccrcc is cnlcrcd by the Court und lhal a copy ofthc dccrec will bc scnl to me immcdiulcly allcr it is filcd with thc Prothonolary. I verify thulthc statemcnls madc in this Affidavit ure true and corrcct. I undel'stund thut fuJsc statemcnts herein are madc subject 10 I,hc pcnalties of 18 Pu.C.S. 94904 rclating 10 unswom falsifieation to ullthoritics Date: f/J ,tI 'I f ,C];s~15 \.)~,t" .- JOSEPH S. DICKINSON , , , , ' JOSEPH S. DICKINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL,AND COUNTY, PENNSYLVANIA v. NO. 97.6257 NICOLE R. DICKINSON, Defendant CIVIL ACTION. LA W IN DIVORCE WAIVER OF NOIK;E OF INTl~NTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER VJ.lll(c) OF THE DlvonCE CODI!; I, I conscnt 10 the cnlry ofa final dccrce of divorce without noticc. 2. I undcrstand thul [ may losc righls conccrning alimony, division of property, lawycr's fecs or cxpcnscs if I do nol eluimlhcm bcforc a divorce is grantcd. 3. I undcrstand lhut I willnol be divorccd until u divorcc decrcc is entcred by the Court and thut a copy of thc (lccrcc will bc scnt 10 mc ilTllllcdiutely aner it is filcd with lhc Prothonotury. I vcrify thullhe slutcmcnls Illadc in this Affidavit arc lrllc and correct. I understand that falsc slalemcnts hcrcin arc mudc subject to lhc pcnaltics of 18 Pa.C.S. 94904 rclating to unswom falsification to uulhorilics. I J,0i('~ (121 ('kUK1~j,v Nicolc R. Dickinson ,. ~- I:"f) f.r~ I I, IiI' .J (Ii , V I;, L, t ,. " . " l ,,"! ,. I' uf (.'t i'{J ~L:! , :.~ , It _ " ....~ li. e.:) , u 01 d " JOSEPH S. DICKINSON, Plulllliff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. " I 1 I NO. 'Ii ." NICOLE R. DICKINSON, Defendunt CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Nicole R. Dickinson, Esquirc, hereby ucknowlcdgc receipt of u lruc und corrcctcopy of lhc Compluint in Divorce regarding the uboVC-cuplioned muller. Datc: 'I I Ii) III) I r I Vlilli r'c Iii (/ Or"I; 1I).'!l' Nicolc R. Dickinson \\ . . ' .'J , , " , ," , " , i