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Home My WebLink About00-06632 ,,--............- - THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. All matters have been resolved between the parties pursuant to a Marital Settlement Agreement reach between the parties on December 13, 2002 and J.ncorporated, but not merged, J.nto the vecree. t ,,-'. ~; ,-~ " ,,-' . .. .. .. '" '" "',.,,.,,., "''''''' "''''''',.,,., "''''''''''''''''~ ~ "''''''''''~~~ ,.,"'''' ~'" ~~ ,., ~ "'''' .. .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY .. PENNA. .. .. STATE OF .. .. .. CAROLYN C. .. .. .. DIXON, Plaintiff No. 00-6632 .. .. .. VERSUS li!.OBERT J. DIXON, .. Defendant .. .. .. DECREE IN DIVORCE .. AND NOW, Qor~ 2.7 2002 , IT IS ORDERED AND .. CAROLYN C. DIXON , PLAINTIFF, DECREED THAT .. .. .. ROBERT J. DIXON , DEFENDANT, AND .. .. .. .. .. .. .. .. ARE DIVORCED FROM THE BONDS OF MATRIMONY. .. .. .. .. .. PROTHONOTARY By TIf'iE Cou .. .. .. .. .. .. '" '" "''''''' "'''' "''''''' ~ "'''' 'f. '" "'''' '" .... -,._"^ '="~ '" '" ~~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. J. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. '" "'''' :f.'f. ill i'""",",,~,,, ~O' 0,.. ,~~~~o..",,,,~,,,",- = .~ ;;(;2.d)3 O~ /~ '<=B.O,;> _ ".c .C,~ - ,..'." "",~ ,,,.,"" "1 '" .., "I "'''~' '.. "~'.~ ~'" ~": ,',~ ,- '. -. '~;;~,..M';'~'" ",,- ,~"" ,;c~,~;,; " '. ".' ~'~4~c#~~ ~~~~~azt~ " m~lf ~"._ 1'IJ _~.,o~ ,_~ .~~!W'fWI~I~MI\~~~~-l'1 ""',~,"" ~~~!!t__./:l_" -~'.'~f~"'?,.'~' '-" I, ~ ~.. ~ '~ ~- . 11-- -' ""1'.-_ I!!i!~' " MARITAL SETTLEMENT AGREEMENT THISAGREEMENT, made thiJl da~ ..Lt?~, 2002, by and i ' between ROBERT ~. DIXON, hereinafter referred to as "HUSBAND", and CAROLYN C. DIXON, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, ,the parties hereto are husband and wife, having been lawfully joined in marriage on September 24, 1974, in Pittsburgh, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Jessica Dixon, born January 24, 1978 and Robert C. Dixon, born August 6, 1984; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenarlce of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEJiEFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable , jJ . ,-' --~,-- . ,_"" ,_,' - '._,."" I" .,~ , , ~. -, --. ., consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS , 1. ADVICE OF COUNSEL HUSBANDahd WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Sandra Meilton, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this' Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, 2 09/27/2002 - ~l I" -,~ ", ., occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAIJ DISCLOSURE The parties have knowledge of or have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party is satisfied with the extent of the disclosure. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, l?ut not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE \ The parties intynd to secure a mutual consent, no fault divorce pursuant to the provisions I of Section 3301( c) of the Divorce Code of1980, as amended and will ex<;(cute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this 3 09/2712002 "--1""",1 I I I I I I I - - I> _ I' /. "-; ~ -~: " Agreement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be signed simultanequsly with this Agreement and the divorce shall be promptly concluded. 5, SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Curnberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Eennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall notbe deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will 4 09/27/2002 ~L I': .I ;>;<, ,-- , " forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agfeement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for aU purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise,-whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jUrisdiction, except and only except all rights, agreements and- obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely aIid unconditionally releases and forever discharges the other and his or her heirs, executors, adrninistrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, 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, conunonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 5 09/27/2002 L ,,1, ,', ~ ,. , " ,~"- . :Ji'&:. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties h~reto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT , HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 6 09/2712002 _I - ~ ",,-,, - 1"-')' 11. BINDING EFFECT OF AGREEMENT/W AIVER This Agreement shaH remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shaH not be construed as a waiver of any subsequent default of the same or similar nature, nor shaH such failure be construed as a waiver of any other term, condition, clause or provision ofthis Agreement. 12. 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 daniages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 7 0912712002 ::i _r '- rtl""': 14. TAX RETURNS The parties agree that in the future, if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence ofthe parties' Federal and State income tax returns which were filedjointly by the parties, said tax, penalties or interest shall be the sole responsibility of HuSBAND and shall be paid solely by him. HUSBAND hereby covenants and agrees to hold WIFE harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. SECTION II ~ EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal a~d household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in possessionofHUSBAND shall be the sole and separate property of HUSBAND. Each of the 8 09/27/2002 l , _ < i.,:. .~ tit parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly owned property at 423 Candlewyck Road, Camp Hill, Pennsylvania, 17011. The property has been sold and all mortgages, liens or other obligations related to the property have been satisfied. The parties have further divided the proceeds to their mutual satisfaction. C. MOTOR VEIDCLES The parties own three vehicles; an Isuzu Trooper, Nissan and Jetta. Neither vehicle is, encumbered. The Isuzu Trooper shall be the sole property of HUSBAND. The Nissan shall be the sole property of WIFE. The Jetta shall be the sole property of the parties' daughter, Jessica, and will be titled in her name alone. The parties shall take immediate steps to transfer the titles of these vehicles to effectuate the intentions of this paragraph. Each party shall cooperate by executing all necessary titles and other transfers. All costs incurred to transfer these titles shall be shared equally by the parties. 9 , 09/27/2002 " " --"ri ~ ~ '-'I',;,' " D. PENSION Through her employment, WIFE has a vested interest in a pension through the Public School Employees Retirement System. HUSBAND waives any and all rights which he may have in said pension and said pension shall be the sole mid separate property of WIFE. E. BUSINESS INTEREST HUSBAND has an ownership interest in a retail business known as Camp Hill Distributors. WIFE waives any and all rights which she may have to said business interest and said business interest shall be the sole and separate property of HUSBAND. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. G. CASH ACCOUNTS All joint cash accounts have been divided to the mutual satisfaction of the parties. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party 10 09/27/2002 -"_...:. . ',..., will be liable. Each party agrees to indemnifY and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. There are three marital obligations existing ofthe marriage. 1. Visa Account No. 4519-8050-0000-2541. The card has an approximate balance of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00). WIFE shall be solely responsible for this debt. WIFE shall indemnifY and hold HUSBAND harmless for all costs, expenses and claims incurred or related to said indebtedness, including but not limited to reasonable attorney's fees and all costs associated with enforcing this indemnification. 2. AES Student Loan, Account No. 169-42-6811. During the marriage, a loan obligation for the parties' daughter's school debt was incurred which has a balance due of SIXTEEN THOUSAND SEVEN HUNDRED NINETY -ONE DOLLARS AND 79/100 ($16,791.79) as of February 15,2002. The monthly payments are ONE HUNDRED EIGHTY-TWO DOLLARS ($182.00) per month. WIFE shall be solely responsible for the debt due and owing to AES Student Loan. WIFE shall indemnifY and hold HUSBAND'harmless for all costs, expenses and claims incurred or related to said indebtedness, including but not limited to reasonable attorney's fees and all costs associated with enforcing this indemnification. < 3. Sears, Account No, 54 84025 98283 7. Said account has been paid in full by WIFE since separation and is now closed. SECTION III ALIMONY PENDENTE LITE/ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish 11 09/27/2002 ~ . '!&Li !!) ii ), ji II il :i II " I' i " II Ii Ii ,',I i: - ,. I -"..w., "",. -,_,' ~' ~'" ~ '. '1 ' an>, right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties, .dt!;, L WITNESS ~ -j} . / , ROB~~. D ON ~11tt, ,d3?~ C OL . D N 12 09127/2002 ,-,-".~~ J_, ." ....~:<< ". COMMONWEALTH OF PENNSYL VANIA COUNTY OF ~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ROBERT J. DIXON, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this /3'"<). day of tJJL ,2002. '-~~L6 ,Notarial Seal I Pauline Patti Thomas, Notary Public Harrisburg, Dauphin County My Commission Expires Mar. ~:4, 2',]G3 J ;~, My commission expires: (SEAL) COUNTY OF CUMBERLAND ) ) SS. ) COMMONWEALTH OF PENNSYL VANIA Before me, the undersiglled officer, a Notary Public in and for said Commonwealth and County, personally appeared CAROLYN C. DIXON, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. and subscribed to before me this It day of M)rJ/.l,2~ ./ _,.f ./' .- , , / NOTARY PUBLIC My commission expires: (SEAL) 13 09/27/2002 ---'~~T'~C""""-""""-"!:'J!1Bffi:~lI!ijW~'1ll~~S"'~""~~'H~fkI%1;,;,.~;r;".tj'i;i-;~!~!SJ'ifr"j,ef"JifM~lWLJ ' -,"<"" 1~L". ""_""i",-,~ ".,,~5 , -.'-~ ~,~ ~. . ~ ........, ~,' mCJll . ~L~'1liI L c~ ~ "I' , '[ ~ 0 C~ 6 c ['" " ,- ~- '::1 '-"1 'J i.~'. :1 "'1 , r" r,'; ,'-, , ') : ;'7 :;g ~l._: <;:~- /'.) ,~, 1"11 cn (=. ,~q CJ ~, -- (-.J , '- .1) - ')', c"-., " '.''') -+"''' i''S C) ;:;..::: in c: ,,'~-: ,:.rr :;; - , ::i:J .....-::;: -< ~, r, ,- ',~. <"M'-'O:" "."-'~, '-,,--,-.d-..-.'o, -;.,--d.' > ,,;,. .=' "~"O"G'",*,>O-__' ",~ ,-_ - . IiIi ! ,-_ ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Counsel for Plaintiff CAROLYN C. DIXON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-6632 ROBERT J DIXON, 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: I. Ground for divorce: Irretrievable breakdown under ~3301(c) ofthe Divorce Code. 2. Date and manner of service ofthe complaint: : United States Mail, Certified Mail, Restricted Delivery on October 4, 2000. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: December 18, 2002; by Defendant: December 13, 2002. 4. Related claims pending: None. All matters have been resolved between the parties pursuant to a Marital Settlement Agreement reached between the parties on December 13, 2002 and incorporated, but not merged, into the Decree. 5. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: December 20, 2002. Date Defendant's Waiver of Notice in ~330 Divorce was filed with Prothonotary: December 20, 2002. Dated: December 19, 2002 . Barbara Sumple-Sullivan, Esquire V 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff '''~' ~ ',- I; ,- >~, . ~ < < '-~. '-, -~,"~",.:-~ ~.;.-;..: _, _."" - ,.'",_,,~, '-,:0;'-:< ~~.. ~~." ."=, - ',;"""U"''''_j Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 COlmsel for Plaintiff CAROLYN C. DIXON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA w. NO. 00-6632 ROBERT 1. DIXON, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, hereby certify that I have this day served a true and correct copy of the within Praecipe to Transmit Record upon counsel of record by placing same in the United States mail, postage prepaid, addressed as follows: Sandra L. Meilton, Esquire Tucker Arensberg & Swartz III North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 Dated: December 19, 2002 Bar ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court J.D. #32317 Attorney for Plaintiff <';;/'i'""'':''';:-'-'--''.;;c;,;.,~-~-.- .jliB-'......'-., ,~, ,-,., , ~, .' l!Ji!;~_~..'""---1!iL.._. ~~- .. ~ '.," ~, ~ _. , ~ :.~.'-f "'f.'; - .' ~,,- """,,,,,",,,,,,,,",,'d',.~"'''''''' () c- .~ -t)f"?-~: flit!: i5-~' ;::::;.- ~c::: t;C:;' .J,.':>C., . cr;; -CO; -, <::; 1'0 c::, tory '> f\j Q <::t ::i\7 - 0) <- .' ccd' o " <'.1 :}i~.~I.1 }C9 -~,-:;(j -;;"Jr~l ~ii"n ;:;::1 .:i5 -< ~ '''''''-, . .,....;~..~.'. I:' <~ . cc" ~" "~;,- CAROLYN C. DIxoN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. D1J ~ ~Cp3~ ~ ROBERT 1. DIXON, 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 judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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, Pennsylvania 17013 (717) 249-3166 -. . "~J~. ::: I _ ,". ~. "0__ -.-,,--,',,. "h,____-""~) CAROLYN C. DIXON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 110- (,t.!J.2..., G;;J -r~ ROBERT J. DIXON, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is CAROLYN C. DIXON, an adult individual residing at 423 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is ROBERT J. DIXON, an adult individual residing at 423 Candlewyck Road, Camp Hill, Cumberland County, Peunsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for atIeast six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 24, 1974 in Allegheny County, Pennsylvania. 5. There are two (2) children born of this marriage. One child, R. Cole Dixon, born August 6, 1984, continues to be a minor. 6. The parties separated on April 21, 1999. ':1': .' ,-~_w --" __ -~"L__ -.c "..;-~. ti 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. II. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs I through II, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 2 . i ., I .. , ~- , n'-""'n"_' '_',-' -':,;,:_:_-'.,:..o,,;c- iiiil',,; I3. Plaintiff is the iunocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through I3 of Plain tift's Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40 1 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, CAROLYN C. DIXON, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; 3 ':.'-.' --. :"l/ B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: September 28, 2000 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 4 ---, ,'" ., __,_._ n_' " - ""~.' ;,._,n,~.,_____ "~"--, __J "'~"'l'.""; '>""""-',. ']b.i.:l ~ CAROLYN C. DIXON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ROBERT 1. DIXON, Defendant CIVIL ACTION - LAW IN DIVORCE AEFIDA VIT REGARDING COUNSELING I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling 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 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: 9 -J 7-Q(j , &$(rfi~ CAROL c. DIXON I - ~ '~- ,-. . ';--'-'<- 'c'~-F-'.~""" .' c' "~',,. " . , -'~'_,'''{_,.,,< ;-" ,~" :'c" - -."",<-". CAROLYN C. DIXON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. ROBERT J. DIXON, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICA TION I, CAROLYN C. DIXON, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: September 27,2000 fa C~ CAR~DIXON CAROLYN C. DIXON, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 00-6632 ROBERT 1. DIXON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099322000070903 6405, Return Receipt Requested, on the above- named Defendant, Robert J. Dixon, on October 4,2000 at Defendant's last known address: 423 CandIewyck Road, Camp Hill, PA 17011. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. D~ed: October ~ ,2000 arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff i".- ;, ~. ,of' -, ,^ _-, ~- 'd ,,'_~, -~'., ,- 0 _~.- '~-,<<___ ,_ _ ,~~".',I ~ , ~.~.' ~ .- H ~"" .~, '. ':J,'" _ _ -~_--;"- . " i '-';-'. .;'-'-C:',""-' ',:,__N_'_',,_-;_:"O_. '0'_""_'.,_,<._'" r . . Cl\lIP 1IIU. '" 17011 $O.SS Postage $ Certlfled Fee Retum Receipt Fee (Endorsament ReQulred) Restrlcted DellveI'Y Fee (Endorsement Required) ToIal ....... & Fees $ Name i~~~~~tr'y~<r: J)I~Q_;;:81Ie~~_.~... ._____._....... sP,;--i1i.-Ni,:;7i/--;iSOXNo.---- . ,'~ :Y\~ tta3 e::~ tl1. ~_~f.b_____.__________.____,__.______ c";----';'Z;';'4'-'--:~Itr--~ ~-~ llO ) 10/0312000 l I I " f I, :.: ,.....", ',' dellvered'and the date c ::V'I;II J .. I' Article Addressed to: "1' f\r. 1.o~~t T. 1) \ \j...(tn g \.{~3 t-omJ.l~~ck ~ ~c...m~ ~ll\ f)A 110) I . Received By: (Print Name) I also wish to reolllliallie following services (lor an extra lee): 1. 0 Addressee's~ddress ~ 2. iii Restricted Delivery jj Consult postmaster lor lee. t 4a. Article Number l o9'M Q~{)/)()()7f>fj{)3 f 4b. Service Type IJiI o Registered III. Certified I o Express Mail 0 Insured f o Retum Receipt lor Merohandise 0 COD 'il 7. Date 0 Deliva S ~ f ! ~'j\'2 for addltitmal'services. d4b. ,- s on the reverse of this form so that we can return this 8, AddresSee s A dress (Oti Y'i(~qu.stfld and fee is paid) ~'. ',~ I .!II ',..',", ',;\ \ ,~ ',I',',': ' ' it h h dh DWI,"Qlomfr'~n ,Reoeipt EXHIBIT "A" . -,_ J~. T l; _ ",~~_,_," , '.",-,-,.,,'-."-,." I ,,, _ :- '-:'~ ~.~;;)j;~,;:~,~',,0~-'~;~d~~~':L,~':': "J';.i=. CAROLYN C. DIXON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-6632 ROBERT 1. DIXON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 29,2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: Ie;) -/tf-Od-- ~~O"t~ .w" " :," S;~' ~ ~.~-- _l!iil ",,,''':~~'; """"F'''M;,~;,,; ,,:,,;.;~~'" ., =_. . I 11"'_111 "~W"1It>' "'" "",,,,,,,;,,,,,,,,,.",,';;"h,,",,~,, '"'''''' ,..J-~~~',," ~"","" () 0 0 C N >1 -.. CJ -c'lii r'T1 nif-;-' I." ::-.::::::-e '-"ITl 21" N ':='C! S,2,J"-: 0 , ~~ v :~',~j~< "';C) :J;: ;26 ,,-- ( , Sr-n >c Z :.n "h :< 5J (::> -< P.'1 , ", . , E '- ~ <(:','_':}L: ;-L~=-;,~ ,-,,,, ~,." ,-'C';---,', .. . ;, ~c;;~_::::~_" ;^ "~':~::::'i CAROLYN C. DIXON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-6632 ROBERT J. DL'\:ON, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 if! 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 ofthe 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 statement herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: /J -/f-();2. c4~""Cg#,~ ) >"- ,- '1- .........' .~.l111li1i ''''-<i. ~:lIi~u~"- 1I~' ~-- ';-" '^~;. .:,".. ""~~"cc" ','""",>., """,,",' """'0,."", ., ,,>> 'c. o c s: -neL> IYlfT- 2 :::c' ZC ~~r~' ~ -~" :::;;:C; 2(-, >c ~ '''''', c::> ["...) o '""1 c> r'.J <:.::> ~ ,oJ " ....; -,u ,- J~ ~: ~ (~S (5rn ~ :::0 -< -'-' ':51 o rg CAROLYN C. DIXON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-6632 ROBERT J. DIXON, 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 September 29, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 of the 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 a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: /;)-I?'-7J'd-- ~~~) (/ Robert. on / '","' ~~, --""~1 ;'.:"""M" ,- "-"-"i!Iiil""""~' :d.., ~illI. f H, ":":,--- , _:,".,f<-.;u)-"'-"(6 'i"" . " ,---.;:;",..c;-"" . ,'.",'i';';>" , "..l,;""'''''''., ''''",,' "'G, .'. ""'..' 'r' o c: ? -;'"1 tJ: ITlrf: ~:J::i Ze:::" e/J) ;:~C~I ~(:~~; p- c: ~ ''3 -, ""1 ( , , I I C;, 1'.) o r'l n N c' Q " ""1>f1 ;[Ij '.~ '1:7 c;; , :=--:;.:'"Tl ~~~~ ;;::> _0 -< ..;c~ ~n o ~ ,_c," ',',---; '.-, " ~' :'1-' _-, - ~,,;,/~;/;_-_:b.:_:" ";;.,,0~;~,:..o':,":>i;2*dt{~;,;~:, ;,- ; ,_ '" :,_-_" ,-~', CAROLYN C. DIXON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-6632 ROBERT 1. DIXON, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 ofthe 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 statement herein are made subject to the penalties of 18 Pa.C.s. 4904 relating to unsworn falsification to authorities. DATE: 1;:).- \ 3- 02- ~~.)r} Robert J. lxon - ~:,);}--' o c: 5:: "l:1rx:' n1fT 2:T:"~ ZC- (1],<,; C:C- ~2 ~ -, -" ;,- '-"{ o '" c::J rt1 c") ;"0 o JC' o "T) ;;Q ~;~ -'--'-.:,: :_~~~~ :~-! s;: ~ -< (1'1 '-' %; , . .' ..-.. Husband's Social Security # 171-38-7564 Wife's Social Security # , ,_', A' ,: 169-42-6811 ,-~"'~.'