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HomeMy WebLinkAbout03-2074JohnSon, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ~A M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C, 'L 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 pages by the Plaintiff. You may lose money or or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT tN DIVORCE UNDER §3301(c1 OR §a301(d) OF THE DIVORCE CODE AND NOW, this '~"¥-day of April 2003, comes the Plaintiff, TERESA M. ANDERSON, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is TERESA M. ANDERSON, an adult individual who currently resides at 516 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania. Plaintiff's Social Security Number is 234-13-4387. 2. The Defendant is DENNIS W. ANDERSON, an adult individual who currently resides at 5259 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. Defendant's Social Security Number is 225-86-6690. 3. The Plaintiff and Defendant were married on January 23, 1996, in Hagerstown, Maryland. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six (6) months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under §3301 (c) or §3301 (d) of the Divorce Code. :212562 Respectfully submitted, JOHNSON, DUFFLE, S~E~& WEIDNER Ma~k C. Duffie ] Attorney I.D. No:/75906 301 Market Stree~ P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, TERESA M. ANDERSON, verify that the statements made in this Complaint for Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: Teresa M. Anderson :212562 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT I, DENNIS W. ANDERSON, being duly sworn according to law, depose and state: 1. 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: Johnson, DUffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT I, TERESA M. ANDERSON, being duly sworn according to law, depose and state: 1. 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: :213185 Teresa M. Anderson Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, DENNIS W. ANDERSON, hereby accept service of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Dated: ~C~o:;. '2_. ,2003 Dennis W. A~'derson :212564 J~hnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attome~,s for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~"~' 2~'~LI C.;~',3~t ~ ~C3~ CIVIL ACTION - LAW IN DIVORCE PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this 'Z day of t"~c~ t t 2003, by and between TERESA M. ANDERSON, of New Cumberland, Pennsylvania (hereinafter "WIFE"), and DENNIS W. ANDERSON, of Mechanicsburg, Pennsylvania (hereinafter "HUSBAND"): WITNESSETH: WHEREAS, the parties hereto were married on January 23, 1996, in Hagerstown, Maryland; and WHEREAS, there are no minor children of the marriage; and WHEREAS, a divorce action was flied by WIFE on or about May 1, 2003, in the Cumberland County Coud of Common Pleas at Docket No. 03-2074 Civil Term; and 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 spousal 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 for other good and valuable consideration, the parties, 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 has been fully explained to the parties by their counsel. WIFE is represented by Mark C. Duffle, Esquire. HUSBAND is unrepresented. HUSBAND is proceeding at this point pro se 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 kr~owledge. 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 § 3301(c) of the Diverce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. 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 ~ncorporated 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. DA TE OF EXECUTION. The "date of execution" or "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 last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases 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 benefits under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the c,ther 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 life time 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, Commonwealth, 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 DISCLOSURF The parties represent and warrant that the disclosures each have made are truthful, accurate and complete. 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 a 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 the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARA TION-INTERFERENCF:, 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 if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on 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 do not own any real property. 8. DEBTS. HUSBAND represents and warrants to WIFE that since the filing of the Divorce he has not and in the future he will not, contract or incur any debt or liability for which 1NIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since the date ,of said filing, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the filing of the Divorce she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the date of said filing, except as otherwise set forth herein. HUSBAND agrees to assume the following debts of the marriage with the following present balances: Citibank VISA American General Finance Loan $ $ WIFE agrees to assume the following debts of the marriage with the following present balances: Waypoint Bank Loan 9. RETIREMENT BENEFITS AND INVESTMENTR Each party expressly waived any and all right, title, interest, or claim which he or she may have in any pension funds, investment, savings, 401(K) or IRA, which the other party has individually or through any employer by whom he or she is or was employed prior to marriage, during the marriage, or following separation. 10. INSURANCE. Any policies of life insurance wherein one of the parties is a named insured or is the owner of the policy, shall become the sole and separate property of that party should there be a cash surrender value. Each party shall be free to designate as the death beneficiary any other individual or entity. HUSBAND will continue to provide medical insurance fc,r WIFE and WIFE's minor child from a ~revious marriage until a Decree in Divorce has been entered. After the Decree in Divorce has been entered, each party shall be responsible for maintaining their own health insurance. 11. LIQUID MARITAL ASSETS The parties waive any right, title or interest which either may have in the checking and savings accounts of the other. 12. VEHICLES/CAMPER. The 1996 Pontiac Bonneville in WIFE's name shall be the sole and separate property of WIFE. WIFE shall be solely responsible for all payments, maintenance, insurance, and other costs related to ownership of said vehicle. WIFE hereby agrees to indemnify and hold HUSBAND harmless for any liability related to said vehicle, and to execute any and all necessary documents to effect the transfer of title, if necessary. The 1968 Ford Pickup in HUSBAND's name shall be the sole and separate property of HUSBAND. HUSBAND shall be solely responsible for all payments, maintenance, insurance, and other costs related to ownership of said vehicle. HUSBAND hereby agrees to indemnify and hold WIFE harmless for any liability related to said vehicle, and to execute any and all necessary documents to effect the transfer of title, if necessary. The 1983 Virago Motorcycle in HUSBAND's name shall be the sole and separate property of HUSBAND. HUSBAND shall be solely responsible for all payrnents, maintenance, insurance, and other costs related to ownership of said motorcycle. HUSBAND hereby agrees to indemnify and hold WIFE harmless for any liability related to said motorcycle, and to execute any and all necessary documents to effect the transfer of title, if necessary. The 2000 Viking pop-up camper in HUSBAND's name shall be the sole and separate property of HUSBAND. HUSBAND shall be solely responsible for all payments, maintenance, insurance, and other costs related to ownership of said camper. HUSBAND hereby agrees to indemnify and hold WIFE harmless for any liability related to said camper, and to execute any and all necessary documents to effect the transfer of title, if necessary. 13. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have distributed and are currently in possession of the household goods and personal property which have been divided between them in a satisfactory and equitable manner. 14. ALIMONY. Upon the execution of this Agreement, the parties hereby expressly waive, release discharge and give up any and all rights or claims which either may now or hereafter have for any and all alimony, alimony pendente lite, maintenance or spousal support. 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 obligation to contribute to the support or maintenance of the other. 15. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Request Entry of a Divorce Decree which shall be executed contemporaneously with the execution of this Agreement. 16. ATTORNEY FEESr COURT COSTR, Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions 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 enfomement 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 costs, expenses and reasonable counsel fees incurred by the non-breaching 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) (d) Procedure; (e) The right to have all property identified and appraised; The right to discovery as provided by the Pennsylvania Rules of Civil 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. 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. 20. APPLICABLE LA W. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, ,varranties, covenants or undertakings other than those expressly ,.set for herein. 22. CONTRA CT INTERPRETATION, For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. ~Nitness I ~ ~Vitness Teresa M. Anderson -- Dennis W. Anders~n :212570 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761-4540 Attorneys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W, ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, DENNIS W. ANDERSON, hereby accept service of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Dated: ~'"~,....~ '7_. ,2003 Dennis W. A~derson :212564 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys; for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUIvlBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of He IDivorce Code was filed on May 1, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: 8/6/03 Terosa M. Anderson Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term 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 TO: TERESA M. ANDERSON, Plaintiff 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 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 ~Irue 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: 8/6/03 Teresa M. Anderson, Plaintiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043 -0109 (717) 761-4540 Attomeys for Plaintiff TERESA M. ANDERSON, Plaintiff V, DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 1, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divome after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. ~j4904 relating to unsworn falsification to authorities. Date: 8/6/03 ~ --Dennis W. An,derC6n Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761-4540 Attomeys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term 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 TO: DENNIS W. ANDERSON, Defendant 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees or expenses if I 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. Date: 8/6/03 L.~ennis W. Andel~son, Defendant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TERESA M. ANDERSON, Plaintiff V. DENNIS W. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA NO. 03-2074 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under !§3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified copy of Divorce Complaint was hand-delivered to Defendant and received by Defendant on May 2, 2003. An Acceptance of Service was filed in this office on May 19, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: August 6, 2003; by the Defendant: August 6, 2003. 4. Related claims pending: None. 5. Both Plaintiff and Defendant are filing Waivers of Notice of Intention to Request Entry of Divorce Decrees dated August 6, 2003, respectively, concurrently herewith. Dated: :213573 Respectfully submitted, ~orney I.D, No, ~906 Afforneys for Plaintiff 1N THE COURT OF COiVIMON PLEAS Of CUMBERLAND COUNTY STATE OF PENNA. T-~RESA M. AhDERSON VERSUS DENNIS W. Ah~ERSON NO. 03-2074 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT AND Teresa M. Anderson Dennis W. Anderson , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM ThE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Property Settl~nent Aqre~ent dated May 2, 2003, shall be incorporated, but not merged, into this Decree in Divorce. PROTHONOTARY