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HomeMy WebLinkAbout99-0452914 'l 1 r?. 1 V t? ?'ln .M ??yt i n ?) 1 p'T I A? j I? ,yq Ne? !j[ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ? ttay/.?• 6 MICHAEL J. DOLAN 4 Plaintiff I No. 9529 1999 VERSUS DIANE DuBREUIL Defendant DECREE IN DIVORCE A /0 it ipo/ AND NOW, 2000, IT IS ORDERED AND DECREED THAT MICHAEL J. DOLA , PLAINTIFF, AND__ DIANE DLBRE T ,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 parties have executed a Property. Settlement Agreement dated December 291 1999, which shall be incorporated but not merged into this Decree. BY T S J. PROTHONOTARY / , . yt?ct it,.x (! MICHAEL J. DOLAN Plaintiff V. DIANE DuBREUIL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- t{Sa9 CML TERM IN DIVORCE STIPULATED PROPERTY SETTLEMENT AGREEMENT This Agreement is hereby made and entered into this a q ?11e% day of T)e , 1999, by and between DIANE DuBREUIL, 'Wife," and MICHAEL J. DOLAN, hereinafter "Husband." Witnesseth: Whereas, the Parties hereto are husband and wife, having been married on October 15, 1995; and Whereas, marital differences and difficulties have arisen between the Parties; and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their owe; and MJD It-W DD bb Paqe 1 of 16 Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; and Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Wife shall assume all payments, including all loan, insurance and MJD if??V DD t_D Pape 2 of 16 repair bills connected with the vehicle currently in her possession. Husband agrees to take whatever steps are necessary to place title of said vehicle in Wife's name. b. Husband shall assume all payments, including all loan, insurance and repair bills connected with the vehicle currently in his possession. Wife agrees to take whatever steps are necessary to place title of said vehicle in Husband's name. 4. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and those set forth in paragraph 3, the parties agree: C. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Wife represents and warrants to Husband that, since the date of separation, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against his or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. d. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of separation. Husband represents and warrants to Wife that, since the date of separation, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or MJD zf-? DD bN Page 3 of 16 demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. All obligations currently being paid by Husband shall be deemed the continuing obligation of Husband until said obligation is paid in full. All obligations currently being paid by Wife shall be deemed the continuing obligation of Wife until said obligation is paid in full. The parties specifically agree to share in equal parts all costs and expenses associates with the dissolution of this marriage. 5. CONTENTS OF THE MARITAL RESIDENCE As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances presently in her possession. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances presently in his possession. 6. MISCELLANEOUS PROPERTY - PERSONAL and MARITAL It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed the property of the physical possessor of said property. MJD /'? DD 60 Paqe 4 of 16 7. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 8. JOINT ACCOUNTS The parties hold three joint investment accounts which shall be the sole property of Husband. Wife shall take any and all steps necessary to have her name removed from said account in the event Husband shall so request. Except as provided above, The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 9. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 10. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance MJD DD 1) Q_ Paste 5 of 16 with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 11. ALIMONY Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions in this Agreement in lieu of MJD z!!= DD hh Page 6 of 16 17 and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. 12. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 13. INCOME TAX RETURNS Husband and Wife agree to file individual tax returns for each year beginning in 1999 and thereafter until their divorce is final. 14. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, MJD zt-XV_ DD bb Pape 7 of 16 including, without limitation, dower, curtesy, statutory allowance, widows allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 15. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 16. SUBSEQUENT DIVORCE There has been a divorce proceeding commenced by Husband against Wife in Cumberland County. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant MJD DD bl) Paqe 8 of 16 to §3301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 17. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 18. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees MJD ZIDZ DD 11 Pace 9 of 16 i that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 19. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attomey-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to cant' out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 20. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge MJD_ DD Ib T) Pasae 10 of 16 of the assets of both parties, and that it is no the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 21. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 23. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties conceming support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this D D DD Pape 11 of 16 Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 24. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 25. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. 26. DESCRIPTIVE HEADINGS MJD ZVE DD bD Pape 12 of 16 The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 28. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 29. 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 30. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 31. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. MJD fjW. DD _M_ Pape 13 of 16 In Testimony Whereof, witness the signature of the parties hereto this -2-- day of '1999. _1C DIANE DuBREUIL MICHAEL J. DOLAN MJD DD D D Witness for DIANE DuBREUIL Witness for MICHAEL J. DOLAN Pape 14 of 16 STATE OF Tc-r-f+s COUNTY OF SS. On this, the Lq--"day of -kc ehbtr , 1999, before me, a Notary Public, personally appeared DIANE DuBREUIL and in due form of law acknowledged the foregoing Property Settlement Agreement to be her act and deed, and desired that the same might be recorded as such. Swom to and subs 'bed before me this 2`1"tyay of TwAi kc '1999. - IANANYl. il;.. t , _., ... .moo 7 Sic '?s 61:' . Notary iul id"?- D DD Pape 15 of 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the 2Q}hday of 17?c, 1999, before me, a Notary Public, personally appeared MICHAEL J. DOLAN and in due form of law acknowledged the foregoing Property Settlement Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this ao"'" day of'n.? , 1999. Notary Public Moracow.wLL Boom c tv+*; woranweao ouarta soea? aremuw ca, va w e?o?nes rare, s K MJD DD Paqe 16 of 16 r. a? r c, LI f_l J iJ MICHAEL J. DOLAN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DIANE DuHREUIL CIVIL DIVISION Defendant NO. 99-4529 CIVIL TERM 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) &N#dPt)clahdkfK VxWm06bdex (Strike out inapplicable section). 2. Date and manner of service of the complaint: July 27, 1999, certified mail 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 1-4-00 ; bydefendant 1-19-00 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 1-4- Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Attorney for Plaintiff /49simadIpt c? c^ ^. a L' U C MICHAEL J. DOLAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANE DuBREUIL NO. 99- vs-'0i CIVIL TERM Defendant 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 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, Cumberland County Court House, 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 MICHAEL J. DOLAN Plaintiff V. DIANE DUBREUIL Defendant NO. 99 - Ysa y CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 c AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through his attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 52 Eastwick Lane, Carlisle, PA, 17013 Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 509 Queen Street, Alexandria, VA, 22314, and is a citizen of the United States. 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for one (1) year and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has never lived in the Commonwealth of Pennsylvania. 5. Plaintiff and Defendant were married on October 14, 1995, in Philadelphia, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Pennsylvania. 6. There are no children of the parties under the age of eighteen (18). COUNT 1- DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Michael J. Dolan, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. Dated: --6/33)q9 tf II su aO Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 PETER J. RUSSO, ESQUIRE Attorney for Plaintiff PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 MICHAEL J. DOLAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANE DUBREUIL NO. 99 - CIVIL TERM Defendant IN DIVORCE VERIFICATION I, Michael J. Dolan, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. oz-z- q Michael J. Dolan Dated: ?? / 0 ? m ? N ?4 V In ? ?,; Vo V f' r• F_ rte, L`1 7 PETER J. RUSSO, ESQUIRE Attorney for Plaintiff PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 MICHAEL J. DOLAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANE DUBREUIL NO. 99-4629 CIVIL TERM Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ?H\.I Q-1? 199 q 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a Final Decree of Divorce without further notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 1 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's Office. 6. 1 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Michael J. Dolan not request that the Court require my spouse and me to 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 MICHAEL J. DOLAN L Lf) r ' L h 1 PETER J. RUSSO, ESQUIRE Attorney for Plaintiff PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 MICHAEL J. DOLAN : IN THE COURT OF COMMON PLEAS OF Plaint!ff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DIANE DUBREUIL NO. 99-4529 CIVIL TERM Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Co?m faint in Divorce under Section 3301(c) of the Divorce Code was filed onV Z 7? 1999 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a Final Decree of Divorce without further notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 1 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's Office. 6. 1 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Diane DuBreuil do not request that the Court require my spouse and me to 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. d 191a00v U" _Ulaw DATE DIANE DUBREUIL Y v) : in cli :L OCl .D n: O 7 o U PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Plaintiff MICHAEL J. DOLAN Plaintiff V. DIANE DUBREUIL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4513`\ CIVIL TERM IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Peter J. Russo, Attorney for Plaintiff, Michael J. Dolan, and certifies that on ?"\7 131 }l, M9 he did serve the Defendant, Diane DuBreuil with a true and correct copy of the Divorce Complaint filed against her alleging the parties' marriage was irretrievably broken under Section 3301(d) and Section 3301(c) of the Divorce Code. Said complaint was served upon the defendant by placing same in an envelope, return receipt requested and addressed to Diane DuBreuil at 509 Queen Street, Alexandria, VA, 22314. [ ] Service of Plaintiffs Complaint on the Defendant, Diane DuBreuil was effected on _ A true and correct copy of the U.S. Postal Service Return Receipt is attached hereto and the original is affixed to the reverse of this document. [?Q Service of Plaintiffs Complaint on the Defendant, Diane DuBreuil was effected on - Q Q I I ot 9 . A true and correct copy of Defendant's- Acknowledgment of Service is attached hereto and the original is affixed to this document. Dated: 1 i ay 100 Respectfully submitted, Peter J. Russo PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 MICHAEL J. DOLAN Plaintiff V. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIANE DUBREUIL NO. 99 -4529 CIVIL TERM Defendant IN DIVORCE ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301(c' AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, Defendant, Diane DuBreuil, and does hereby acknowledge that on the date indicated below she did receive a verified copy of a Complaint in Divorce filed against her in the above captioned case. Diane DuBreuil Dated: U-j LEI PJ :1 y ?- ice) U