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HomeMy WebLinkAbout03-2121 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, · Plaintiff · TIMOTHY J. KIRKPATRICK, · Defendant · No. 2003- ,,~/oZ/ ~ CIVIL ACTION - LAW (In Divorce) NOTICE fol'-- ' You have been sued i.n court. If you wish to defend against the claims set forth in the towing pages, you must taxe prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM· YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date: '~J/J //~3 By: SAIDIS, SHUFF, FLOWER & LINDSAY Lin~ay Ging~(a/l~Ma&y, Esquire Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SHtlFF, FLOI~R & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, Plaintiff V. TIMOTHY J. KIRKPATRICK, Defendant No. 2003 - .~/.~z, ~ rj.~.~. CIVIL ACTION - LAW (In Divorce) ,COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Dawn E. Kirkpatrick, who currently resides at 215 Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Timothy J. Kirkpatrick, who currently resides at 617 Hen-in Drive, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 29, 1995 in Mechanicsburg, Cumberland County, Pennsylvania. 2003. Plaintiff and Defendant have been living separate and apart since April 17, o parties. There have been no prior actions of divorce or for annulment between the 2 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. .COUNT II - EQUITABLE DISTRIBUTION 9. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference. 10. their marriage. Plaintiff and Defendant have acquired property, both real and personal, during WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: ~'/I/t~ By: Esquire upreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 3 SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS*AT.LAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~'~ -bawn E~ K~rl~l~a~ricl~, P~ainiiff Exhib't A 1 66 ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AFFIDAVIT I, Dawn E. Kirkpatrick, being duly sworn according to law, depose and say: 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: ¢~' Da;wn-E.-KJrkl~atri~J~, Plainti"ff' -* SAIDIS SHIJFF, FLOWER & LINDSAY A~rORNE¥S.AT.LAW 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, Plaintiff Vo TIMOTHY J. KIRKPATRICK, Defendant No. 2003 - 2121 (Civil Term) CIVIL ACTION - LAW (In Divorce) PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Divorce Complaint docketed at the above-referenced term and number. By: Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~L-~dsay Ging~fi Malay, Esquire Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, Plaintiff TIMOTHY J. KIRKPATRICK, Defendant No. 2003 2121 (Civil Term) CiVIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 9th day of June, 2003, I, Lindsay Gingfich Maclay, Esquire, hereby certify the following person was served with a Complaint in Divorce filed with regard to the above-referenced matter. The Complaint in Divorce was mailed on May 28, 2003, but actual service took place on June 4, 2003, by Defendant signing for a copy of the Complaint in Divome, which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr. Timothy J. Kirkpatrick 617 Hen-in Drive Enola, PA 17025 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporafed herein and made a part hereof. Respectfully Submitted, By: SAIDIS, SHUFF, FLOWER & LINDSAY ~IS~dsay Gin~t~h Ma~lay, Esquire Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner Exhibit "A" · Complete item,s 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the frent if space permits. I. ArticJs Addressed to: [] Agent [] Addressee Received by ( Printed Name) C. Date of Delivery D. Isde~Iv~yeddre~sd~emnt fmmitem 17 []Yes 2. Article Number ~'~'~e~ 7002 0860 0000 1073 PS Form 3811, ~II~H~ 2001 Domestic Return Receipt 3449 102595-02-M-0835 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $1reet Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, Plaintiff TIMOTHY J. KIRKPATRICK, Defendant No. 2003 2121 (Civil Term) CIVIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this Z[t'~' day of -,}~..4r}~ , 2004, BY and BETWEEN Dawn E. Kirkpatrick, of 237 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wifi~, AND Timothy J. Kirkpatrick, o£617 Herrin Drive, Enola, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS R. 1: The parties hereto are Husband and Wife, having been joined in marriage on April 29, 1995, in Mechanicsburg, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2003 - 2121, Civil Term; and R. 3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. DEK ~ Page l of 9 TJKTr~)~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the: covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marhage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file the Affidavits of Consent and Waiver of Nc~tice Forms necessary to finalize said divorce. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. Page 2 of 9 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (3) REAL PROPERTY: The pa:rties do not own any real estate. (4) DEBT: MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any deht since the date of separation on April 17, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The pa~Ses acknowledge that they jointly hold title to two (2) vehicles. Husband relinquishes any right, title and interest he may have to the 2000 Dodge Neon currently in possession of Wil[e. Within thirty (30) days of the date of this agreement Husband shall execute any documents necessary to have said vehicle properly registered in Wife's name with the Pennsylvania Department of Transportation. Wife shall maintain insurance and assume full responsibility of any encumbrance on the 2000 Dodge Neon received by Wife as a result of this transfer, and shall hold harmless and indemnify Husband from any loss thereon. The 1999 Ford Explorer shall remain titled jointly until such time as Husband is able to refinance the loan on said vehicle into his name only. Husband will attempt to refinance DEK~L Page 3 of 9 K SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA the truck loan into his own name at least once every calendar year. Husband shall maintain insurance and assume full responsibility of any enctn:nbrance on the 1999 Ford Explorer and shall hold harmless and indemnify Wife from any loss thereon. In the event that Husband is unable to make the scheduled payment on the 1999 Ford Explorer, on or before the scheduled due date of the 16th of the month, Husband will provide Wife with ten (10) days advance written notice thereof so that Wife may make the payment for that month. Husband will, within thirty (30) days of the date Wife makes the scheduled payment, repay Wife the amount paid for that month. In the event t]hat Husband would be unable to make two (2) consecutive monthly payments, he agrees to list the truck for sale within five (5) days ora written request by Wife to do so. In the event that Husband is able to refinance, within thirty (30) days of the date that Wife receives written notification from Americredit that the joint loan has been satisfied in full, Wife shall execute any documents necessary to have said vehicle properly registered in Husband's name with the Pennsylvania Department of Transportation. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall fi.om and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the part/es hereto. DEK ~ Page 4 of 9 TJK~'~./~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The pa~Iies hereto acknowledge that each has been notified of his or her fight to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Saidis, Shuff, Flower and Lindsay and Husband has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and tlhat it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties hereby acknowledge that they filed joint federal, state, and local income tax returns for the year of 2002. The parties hereto agree to file separate returns for all ongoing years, specifically including 2003 and 2004. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a p~wty files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. DEK ~ Page 6 of 9 TJK7'--~ ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's fights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or clai~ns in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; All fights of courtesy and dower and all claims or fights in the nature of courtesy and dower; Page 7of9 TJK ,-~]~/ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA D. All widow or widower's rights; E. All fight, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all fights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylwmia or any other country, territory, state or political subdivision. F. All fights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the mm'ital relationship or the joint ownership of property, whether real, personal or mixed; H. All fights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All fights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO I)ECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a DEK ~ Page 8 of 9 TJK SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the fight, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are nc, covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, execntors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year :first written above. WITNESS: DEK (~ Page 9 of 9 D~ Kirkpatric"k ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, : Plaintiff : V. TIMOTHY J. KIRKPATRICK, : Defendant : No. 2003 -2121 (Civil Term) CIVIL ACTION - LAW (In Diw>rce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unswom falsification to authorities. lY'AWN E. KiRKP.'~TI~ICK,~I'~]~i-ff- '-- - 5C3[~ ~ and su,~ .cribed bei[ore me this ~__2~_'nay of ~ ,/"-'~004. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle. PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, : Plaintiff : TIMOTHY J. KIRKPATRICK, : Defendant : No. 2003 -2121 (Civil Term) CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 330][(c) of the Divorce Code was filed on May 5, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit axe true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworu falsification to authorities. o~ sub~ribed be~oL.e me this !' " NOTARIAL SEAL RENEE L. MURRAY, Notary Public Ca~sle Bom, Cumberlend County, PA My [;on]mission Expires Dec. 13, SAIDIS SHIJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, Plaintiff V. TIMOTHY J. KIRKPATRIClC Defendant No. 2003 -2121 (Civil Term) CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301{c} OF THE DIVORCE COD~; I consent to the entry cfa final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: K, ?lai~iff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, Plaintiff V. TIMOTHY J. KIRKPATRICK, Defendant No. 2003 -2121 (Civil Term) CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 lc) OF THE DIVORCE CODE I consent to the entry ora final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand lhat false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities. Date: H,,Y,~. ~TRIQK, Defendant SAIDIS SHUFF, FLOWEI~ & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. KIRKPATRICK, Plaintiff V. TIMOTHY J. KIRKPATRICK, Defendant No. 2003 -2121 (Civil Term) CIVIL ACTION - LAW (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: Ground for Divorce: irretrievable breakdown: under Section 3301(c) of the Divorce Code. Date: Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the Domestic Return Receipt on June 4, 2003. A Certificate of Serivce is docketed at the above- captioned term and number, verifying same. As required by Section 3301(c) of the Divorce Code, both Plaintiff and Defendant executed their respective Affidavits of Consent on August 2, 2004. Their Affidavits were filed with the Court on August 6, 2004. Related claims pending: None. Both Plaintiff's and Defendant's Waiver of Notice under Section 3301(c) of the Divorce Code were executed on August 2, 2004 and were filed on August 6, 2004. By: Respectfully Submittej;k~ S'~,~ SHUFF, FLOWER; LINDS~Ay L' · , 26 West High Street Cra'lisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff 1N THE COURT Of CONIiVlON PLEAS OFCUMBERLANDCOUNTY STATE OF DAWN E. KIRKPATRICK, Plaintiff VERSUS TI~gTHY J. KIRKPATRICK, Defendant PENNA. NO. 2003-2121 (civil Term) DECREE IN DIVORCE AND NOW, DECREED THAT Dawn E. Kirkpatrick AN D Timothy J. K~ r~i ck ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2004 , it IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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 parties' Property Separation and Settlement Ac.~eement dated June 26, 2004 is herein incorporated, but not merged. BY THE COURT: PROTH