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HomeMy WebLinkAbout03-2659VIRGINIA B. HOMER S. DOUGHERTY, Plaintiff DOUGHERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. 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, PA 17013 Telephone: (717) 249-3166 VIRGINIA B. DOUGHERTY, Plaintiff HOMER S. DOUGHERTY, Defendant : IN THE COURT CUMBERLAND COUNTY, CIVIL ACTION - IN DIVORCE OF COMMON PLEAS OF PENNSYLVANIA LAW COMPLAINT UNDER ]3301(c) OR ~3301(d) OF THE DIVORCE CODE 1. The Plaintiff in this action is Virginia B. Dougherty, an adult individual, who currently resides at 1101 Lindham Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant in this action is Homer S. Dougherty, an adult individual, who currently resides at 1786 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on April 26, 1997, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The marriage. 8. The Plaintiff avers Plaintiff has that one child has been born of this been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. COUNT I - CUSTODY 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though fully set forth at length. 11. The Plaintiff in this action is Virginia B. Dougherty, an adult individual, who currently resides at 1101 Lindham Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 18. The Defendant in this action is Homer S. Dougherty, an adult individual, who currently resides at 1786 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 19. Plaintiff seeks primary physical custody of Gabrielle Janet Dougherty, who resides with her mother, the Plaintiff, at 1101 Lindham -2- Court, five (5) years of age having been born on was not born out of wedlock. The child is presently Plaintiff above-named. June 11, 1998. Mechanicsburg, Cumberland County, Pennsylvania 17055, and is The child in the custody of her mother, the seeks majority physical custody of the child. shared legal custody of the minor child with resided with the the ADDRESS 1786 Weatherburn Drive New Cumberland, PA DATES 9/2000 The Plaintiff Plaintiff agrees to Defendant enjoying partial physical custody. During the past five years, the child has following persons and at the following addresses: NAME Plaintiff & Defendant The mother of the child is the Plaintiff, Virginia B. Dougherty, Mechanicsburg, Cumberland is the Defendant, Homer S. Dougherty, who currently residing at 1101 Lindham Court, County, Pennsylvania 17055. The father of the child currently resides at Cumberland County, Pennsylvania 17070. Plaintiff. 20. mother. 1786 Weatherburn Drive, New Cumberland, He is married to the The relationship of Plaintiff to the child is that of The Plaintiff currently resides with the following persons: NAME Minor child, Gabrielle 21. The relationship of father. RELATIONSHIP Defendant to the child is that of The Defendant currently resides with the following persons: NAME RELATIONSHIP Alone 22. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the child. 23. The best interest and permanent welfare of the minor child will be served by granting the relief requested because: A. The child have resided with her father and mother since birth who have provided a continuous living child; B. The mother is able to provide relationship with the a stable home and extended family environment for the child allowing the child opportunity to -4- spend time with the child's father consistent with a schedule the parties have arranged between themselves; C. The father is a full-time truck driver who spends days and many nights out of town as part of his job responsibility. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Court grant the Plaintiff majority physical custody of the child with shared legal custody to the Defendant, giving the Defendant partial physical custody. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject ~4904, relating to unsworn falsification to the penalties of 18 P.C.S. to authorities. Date: B. DO STONE LaFAV~& SHEKLE~SKI By . 7 ELI~ABET.~ B. STONE Su~rem~"Court ID %60251 414 B~Stre~t. P.O. Box E New Cumberland,-'/ PA 17070 . Telephone/71/1774_7435 Attorney~r Plaintiff VIRGINIA B. DOUGHERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2659 CIVIL TERM HOMER S. DOUGHERTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS: I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, HOMER S. DOUGHERTY, at 1786 Weatherburn Drive, New Cumbeland, PA 17070, by United States Certified Mail, postage prepaid, restricted delivery, on June 14, 2003, as evidenced by the attached Certified Mail return re- ceipts. SWORN TO AND SUBSCRIBED befor~ me this /~V~ day of k~ , 2003. ~a~ Public/ ~ J=- NOTAFIIALSF-AI- i JELIZABETH B. STONE Attorney fl\div\lincludeagrmntord VIRGINIA B. HOMER S. DOUGHERTY, Plaintiff Vo DOUGHERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2659 : : CIVIL ACTION - DIVORCE ORDER AND NOW, this day of , 2004, the property settlement agreement between the parties dated April 22, 2004, and attached hereto is hereby incorporated into the Decree Divorce. Jo fl\div\lincludeagrmntord VIRGINIA B. DOUGHERTY, : Plaintiff : HOMER S. DOUGHERTY, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2659 CIVIL ACTION DIVORCE ORDER AND NOW, this day of , 2004, the property settlement agreement between the parties dated April 22, 2004, and attached hereto is hereby incorporated into the Decree in Divorce. BY T COU . fl\div\lincludeagreement VIRGINIA B. DOUGHERTY, Plaintiff HOMER S. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2659 CIVIL ACTION - IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE VIRGINIA B. DOUGHERTY, plaintiff in tlne above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, mow~s that your Honorable Court incorporate the attached agreement dated April 22, 2004, into the Decree in Divorce. STONE LaFAVER & SHEKLETSKI Attorney fl\agm\dougherty.virg.3 15-04 AGREEMENT THIS AGREEMENT, made this ~ day of ~/ by and between VIRGINIA B. DOUGHERTY, of Cumberland County, nia, (hereinafter referred to as "Wife"), and HOMER S. DOUGHERTY, of Pennsylvania, (hereinafter referred to as "Husband"); Blair County, , 2004, Pennsylva- WI TNE S S E W~6ERF~AS, Husband and Wife were lawfully married on April 26, 1997, in Cumberland County; and WHEREAS, one child has been born of this marriage, GABRIELLE JANET DOUGHERTY, born on JUNE 11, 1998; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of -1- all matters between them relating support, by Wife; to the past, present and future alimony and/or maintenance of Wife by Husband or of Husband the settling of all matters between them relating to the past, present and future support and/or maintenance of the child; the implementation of custody/visitation arrangements for the minor child of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. -2- Stone, Esquire, in Husband has chosen agreement has been Advice of Counsel. Wife has been represented by Elizabeth B. the negotiation and preparation of this agreement. to be unrepresented for this agreement. This fully explained to Wife by Wife's attorney. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. remise, Wife and Husband each do hereby mutually release, quit-claim and forever discharge the other and the -3- estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, way of dower or curtesy, of widow's or widower's or under the intestate laws, will; or the right to treat a lifetime testamentary, or all other rights of a in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this engagements or liabilities of such other or by or claims in the nature of dower or curtesy rights, family exemption or similar allowance, or the right to take against the spouse's conveyance by the other as surviving spouse to participate -4- agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of 'whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obligations. 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, 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, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does -5- hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 8. Automobile to Husband. The Husband currently does not own a vehicle. 9. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 1998 Honda Accord. Currently, the parties are in Chapter 13 Bankruptcy, and the debt portion related to the title to this vehicle is part of cram down payoff. The title is currently being held by Fleet Bank. Upon release of the title to the parties, Husband agrees that he shall deliver an executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of request by Wife after the parties have received the title to this vehicle. 10. they have, Property Not Provided For. The parties hereto agree that by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, wheresoever and situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns control or possess, shall be and remain his or clear from any claim on the part of the other. or has the right to her property, free and -6- 11. agreement, them in New Cumberland, Cumberland County, Pennsylvania. longer have any rights or title te any ether real estate. 12. Waiver of Alimony. $135.00 per month for twelve decree in divorce being signed by the Court. This monthly payment Real Estate. Prior to the final_ execution of this the parties have already disposed of real property owned by They no Husband agrees to pay to wife the sum of (12) months beginning from the date of represents the same amount that the Husband has paid to Wife pending this divorce action. Husband shall be entitled to deduct this amount income in order to on his taxes as alimony. Wife shall consider this determine her annual tax obligation. 13. Child Support. calculations and support office using the current Both parties agree to accept the amount as provided by the Domestic Relations Pennsylvania State Guidelines. any other's pension fund, and or retirement benefits. 15. Medical Insurance. the parties at the Domestic provide medical insurance for the child until she reaches the age of 18 or graduates high school, the latter of the two to occur with the said insurance policy containing minimum provisions as would be 14. Pensions and Retirement. The Husband and Wife hereby release claim which either he or she may have to receive a portion of the As ordered by the Court and agreed to by Relations office, Husband agrees to -7- covered by a standard Blue Cross - Blue Shield policy. Husband and Wife shall share the cost proportionately of all orthodontic expenses and psychological counseling for the minor child. 16. Consultation. Husband and Wife shall have legal custody of the child and agree to confer with each other on all matters of importance relating to the child's health, maintenance and education with a view towards obtaining and following a harmonious policy in the child's best interests. Wife shall keep Husband informed of the progress of the child's education and social adjustments. 17. Dependency Exer~tions. Wife shall be entitled to claim the dependency exemptions for the minor child every year. 18. Custody. Husband and Wife shall share legal custody of their minor child. Wife shall have primary physical custody of the minor child subject to the Husband's liberal custodial and visitation rights. The parties have been before Dawn Sunday, Esquire, Custody Conciliator for Cumberland County. There is currently a Custody Order dated December 2, 2003, in place that the ?arties reached by agreement. Husband agrees that if he is late for any reasonable reason he is to call Mother immediately and advise her of his lateness and expected arrival time. 19. Life Insurance Policy. Each party agrees to purchase and keep in effect a life insurance policy having minimum benefit payable at death equal to their annual salary and naming the child as one of the beneficiaries of the life insurance policy. Wife agrees to name Gabrielle, their only child, as her sole beneficiary of all of her life insurance policies. Husband agrees to name Gabrielle, his only daughter, as no less than a 25% primary beneficiary of his life insurance policy, whatever that amount may be which shall be placed in trust until she turns 18 years of age with Wife named as Trustee. The parties agree to provide proof with written documentation annual of their beneficiary designations. The trustee of the trust of the life insurance policy shall manage said trust until the minor child graduates high school. Each party agrees to keep the policies current and provide receipts of all paid premiums to each other upon demand by either party. Both parties further agree to elect the other party to have equal notice rights so that the policy shall not lapse without at least 30 days prior notice from the insurance company to the primary and the contingent beneficiaries. The purpose of these policies is to ensure that the minor child will be properly taken care of in the event of either of the parent's death. 20. Pa%~nent of Attornev Fee~. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and otlher costs heretofore and -9- hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 20. Infozmed and Voluntary Execution,. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. the advice of coercion or duress of any kind. C. Has given careful this agreement. Enters into this agreement voluntarily after receiving independent counsel, free from fraud, undue influence, and mature thought to the making of D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 21. Mutual Cooperation. concurrently herewith, The Husband and the Wife shall each or at any time hereafter on the demand of the -10- other, execute any other documents or inszruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 22. Severabilit¥. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforce- able, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 23. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 24. Future Earnings. Ail income, received or acquired by either party to date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such earnings or other property this agreement on or after the income, other. 25. waive all earnings or other property so received or acquired by the Waiver of Ri h~. Each of the parties hereby irrevocably rights which he or she may have to request any court to -11- equitably distribute the marital property alimony, party, settle agreement. of a Decree in Divorce. 26. Waiver of Breach. The waiver of the parties or to have alimony pendente lite or counsel fees awarded to either it being the express intention of '~he parties hereto to fully all claims which they have with respect to each other in this Each of the parties further agree to consent to the entry ef any term, condition, clause or provision of this agreement shall a waiver of any other term, agreement. 27. Survival of Aqreement. provision of this agreement shall, in no way be deemed or considered condition, clause or provision of this If any term, condition, clause or by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 28. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, agree to the jurisdiction of the Court of County, Pennsylvania, on account of any and both parties consent and Common Pleas of Cumberland suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 29. Aqreement Binding on Parties and Heirn. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 30. Divorce. Husband and Wife agree, upon the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 31. Headings. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. expiration of the WZ'~FF~S$ NOTA/RIAL SI~. I VZ~GZN].~ B. DOUG~ER?¥ 1 /I/¢,YE R. LUCKEd, Nola~ ~blic New C~l~rland Boro. Cumb~la~d Co. | tMy Commission F~)~I~ Ma'ch 27, ~ ~.,~ __ T~mmy J, Rouda~, N~ ~ HOMER S. DOUGHER~Y East SL Clair Twp., Bedford C~mty _ My Commisa on Expiroa l~c. 16, ~006 -13- (SEAL) (SEAL) flkdiv~lconsentaffidavit VIRGINIA B. DOUGHERTY, : Plaintiff : HOMER S. DOUGHERTY, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2659 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CON,gENT was filed on June 3, 2003, and served June 14, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety {90) days have elapsed from the date of filing the A complaint in divorce under ~ 3301(c) of the Divorce Code complaint 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 before a divorce is granted. I verify that the statements made in this correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. tion to authorities. or expenses if I do not claim them affidavit are true and VIRGINIA B. DOUGHERTY, Pl~irr~lff 4904 relating to unsworn falsifica- fl\div\lc©nsentaffidavit VIRGINIA B. DOUGHERTY, Plaintiff HOMER S. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2659 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT was broken complaint and service of the complaint. 3. I consent to the entry of a final decree service 4. division of property, lawyer's fees or expenses if I before a divorce is granted. I verify that the statements made 1. A complaint in divorce under ~ 3301(c) of the Divorce Code filed on June 3, 2003, and served June 14, 2003. 2. The marriage of plaintiff and defendant is irretrievably and ninety (90) days have elapsed from the date of filing the of divorce after of notice of intention to request entry of the decree. I understand that I may lose rights concerning alimony, do not claim them 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 falsifica- tion to authorities. Date HOMER S. DOUGHER~Y, Defendant VIRGINIA B. DOUGHERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2659 HOMER S. DOUGHERTY, : CIVIL ACTION Defendant : IN DIVORCE LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE notice. 2. division of property, lawyer's before 3. decree I consent to the entry of a final decree of divorce without I understand that I may lose rights concerning alimony, fees or expenses if I do not claim them a divorce is granted. I understand that I will not be divorced until a divorce 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 tion to authorities. 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- VIRGINIA B. DOUGHERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2659 HOMER S. DOUGHERTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a notice. 2. I understand that I may lose division of property, lawyer's fees before a divorce is granted. final decree of divorce without rights concerning alimony, or expenses if I do not claim them 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 I verify that the statements correct. I understand that false to the penalties of 18 Pa. C.S. ~ tion to authorities. Date filed with the Prothonotary. made in this affidavit are true and statements herein are made subject 4904 relating to unsworn falsifica- HOMER S. ~, Defendant VIRGINIA B. DOUGHERTY, Plaintiff HOMER S. DOUGHERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2659 : : ACTION IN DIVORCE PRAECIPE TO TR~/qSMIT 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)) (3301(d} (1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: JUNE 14, 2003, US CERTIFIED MAIL~ RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, POSTAGE PREPAID 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff APRIL, 27, 2004 APRIL 27, 2004 · by Defendant (b) (1) Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code: (2) A. Date of filing of Plaintiff's affidavit upon respondent: B. Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: ALL CLAIMS SETTLED 5. Complete either (a) or {b): (a) Date and manner of service of the notice of intention to to transmit record, a copy of which is attached: file praecipe (b) Date Plaintiff's Waiver of Notice in ~ 3301{c) the Prothonotary: Date Defendant's Waiver of Notice in ~ 3 the Prothonotary: Divorce was filed with /O~I~c) Divorce was filed with >. 60251 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. VIRGINIA B. DOUGHERTY, Plaintiff VERSUS HOMER S. DOUGHERTY, Defendant NO. 03-2659 AND NOW, DECREED THAT AND DECREE IN DIVORCE VIRGINIA B. DOUGNERTY HOMER S. DOUGHERTY ARE DIVORCED FROM THE BONDS OF MATRIMONY. __, 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; ALL CLAIMS SETTLED ATTEST~~__ PROTHONOTARY