HomeMy WebLinkAbout99-06635
J
IN THE COURT OF COMMON PLEAS
OFCUMBERLAND COUNTY
STATE OF ,??1 `;?•t? PENNA.
REBECCA A. DODSON, _
Plaintiff N 0. 99-6635
VERSUS
DAVID A. DODSON,
Defendant
DECREE I N
DIVORCE
AND NOW. a !i ?C? 2003 . IT IS ORDERED AND
DECREED TH AT REBECCA A. DODSON PLAINTIFF.
AND
DAVID A. DODSON
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 %NHICI-I A FINAL ORDER HAS NOT
YET BEEN ENTERED;
All matters have been resolved between the parties pursuant to the Marital
Settlement Agreement dated December 10, 2002 and incorporated but not merged,
COU RT:
J.
PROTHONOTARY
' / / / It Klif l IDLY =? ! r! ?C' ??
J1,4-443
REBECCA A. DODSON,
Plaintiff
V
DAVID A. DODSON,
Defendant
IN 'I'I IE COURTOF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 99-6635
CIVIL. ACTION - LAW
IN DIVORCE
QUALIFIED DONIFS'1'IC' RE.LA'1'IONS ORDER
It is the intention of the parties hereto that this Order meets the requirements of a
Qualified Domestic Relations Order(QDRO) under §206(d)(3) of ERISA and Section 414(p) of the
Internal Revenue Code, and that this Order will be administered and interpreted in conformity with
ERISA and the Internal Revenue Code.
2. 'file Participant's name, mailing address, social security number and date ofbirth are as
follows:
Name David A. Dodson
Address 128 Rolo Court
Mechanicsburg, PA 17055
Social Security No. 177-54-0304
Date of birth February 19, 1959
The Alternate Payee's name, mailing address, social security number and date of birth
are as follows:
Name
Address
Social Security No.
Date of birth
Rebecca A. Dodson
I River Street
Archbald, PA 15403
209-50-8987
September 24, 1956
4. The name of the retirement plan to which this Order applies is the Profit Sharing and
Retirement Plan of Construction .\9enage111ent Resources, Inc.
The portion ofthe Participant's plan benefits payable to the Alternate Payee under
this QDRO is:
Twenty-six Thousand Seven Hundred Sixty-tn-o Dollars and 53/100 (526,762.53) of the
Participant's toad account balance accunutlated under the Plan as of the following determination
date: January I, 2000 (or the nearest valuation date thereto). Further, such total account balance
shall include all amounts (including plan forfeitures, if applicable) contributed to the Plan on
behalf of the Participant after said determination date, that are allocable on or before such date.
The Alternate Payee's portion of the benefits described above shall be segregated and
separately maintained in account(s) established on her behalf and shall be credited with any
investment income or losses attributable thereto from January I, 2000 until the date of total
distribution to the Alternate Payee. I ler account shall be established in the same ratio as the
Participant's accounts as regards to any type of account (employee 401(k) elective deferral
account, employer contribution account, or rollover/transfer account) and as regards to any
investment mix attributed to the Participant's accounts. However, the investment mix shall not
include any loan to the Participant which it treated by the Plan as an investment sub-account of
the Participant.
Recitals Pursuant to Code §414(p)(3)
This QDRO does not require the flan to provide any type or form of benefit the
Plan does not otherwise provide.
'['his QDRO does not require the Plan to provide increased benefits.
3. This QDRO does not require the Plan to pay any benefits \vhich another order
previously determined to be a qualified domestic relations order requires the Plan to pay to
another alternate payee.
'l'ime and Aianner of Payment
9. If the Alternate Payee so elects and the Plan permits an immediate distribution, the
Plan shall distribute the amount designated in paragraph of this QDRO, together with allocable
earnings, as soon as administratively feasible following the Plan Administrator's approval of this
Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay
such amount at the participant's earliest retirement age as defined by Code §414(p)(4)(B), subject
to the Alternate Payee's election.
10. Benefits are to be payable to the Alternate Payee in any fibrin or permissible option
otherwise available to the participant and alternate payees under the terms of the Plan, including,
but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms
required by the Plan Administrator.
1 1. On and after the date that this order is deemed to be a QDRO, but before the
Alternate Payee receives her distribution under the Plan, the Alternate payee shall be entitled to all
of the rights and election privileges that are afforded to active participants, including, but not
limited to, the rules regarding withdrawals and (list ributions, the right to name a beneficiary, and
the right to direct her flan investments to the extent permitted under the Plan.
12. All payments made pursuant to this order shall be conditioned on the certification
by the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plait Administrator may reasonably require from such parties.
13. It is the intention of the parties that this QDRO COntimrC to quakily as a QDRO
under Code §414(p), as it may be amended front time to tine, and that the Plan Administrator
shall reserve the right to reconfirm the qualified status of' the order at the time benefits become
payable hereunder.
14. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments and shall forthwith pay such amount so received directly to the Alternate Payee within
tcn (10) days of receipt.
In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are
assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that she has received such benefit payments
an(I shall forthwith pay such amount so received directly to the Participant within ten (10) days of
receipt.
15. In the event that the Participant's benelits, or any portion thereof; become payable
to the Participant as a result of termination or partial termination, then the Alternate Payee shall
be entitled to continence his benefits immediately in accordance with the terms of this QDRO and
in accordance with the termination procedures of the plan.
16. After payment of the amount required by this QDRO, the Alternate Payee shall
have no further claim against the Participant's interest in the Plan.
17. The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO.
Is. Until the Plan completes payment ofall benefits pursuant to this QDRO, the Plan
shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)( I I ) and 417,
but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph
5 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate
Payee in the event of Participant's death prior to payment by the Plan of the amount described in
paragraph 5 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the
Plan ofall benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this
QDRO to any beneficiary subsequently designated by the Alternate Payee and recorded with the
Plan Administrator under the ternns of the Plan.
Procedure for Processing this QDRO
19. The Plan shall treat this QDRO in accordance with Code §q l-1 (p)(7). While the
Plan is determining whether this order is it qualified domestic relations order, the Plan
Administrator shall separately account for the amounts which would have been payable to the
Alternate Payee while the Plan is determining the qualified status orthis QDRO.
20. The Plan Administrator promptly shall notify the Participant and the Alternate
payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the
Plans procedures for determining the qualified status of this QDRO. 'file Plan Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternate
payee of the determination within it reasonable period of time after receipt of this QDRO.
21. 'File Court shall retain jurisdiction with respect to this Order to the extent required
to maintain its qualified status and the original intent of the parties as stipulated herein.
IT IS FUR'1'IIGR ORDERED that a true copy or this Order be served upon the Plan
Administrator, and that this Order shall take affect immediately and shall remain in affect until further
Order of the Court. This court shall retain jurisdiction to modify this order until the Sant is
transferred as a Qualified Domestic Relations Order.
Enteral this day of !h w , 3003.
13Y THE COURT
U n-cteiz-
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REBECCA A. DODSON,
Plaintin'
V.
DAVID A. DODSON,
Defendant
IN THE COURT OF COMMON ['LEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6635
CIVIL ACTION - LAW
IN DIVORCE
ACKNOWLEDGNIENT OF PARTIES TO ENTRY
OF STIPULATION FOR AS ORDER OF COURT
AND NOW, to wit, this, day 2003, the parties in the
above-referenced action do hereby agree that the a ached Qualitic ontestic Relations Order shall
be entered as an Order of Court.
Witness
Witness
REB 'CCA A. DODSON
DAVID A. DODSON
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PROPERT1' S?i'I°f 1,VI11 N'I''AAGIl EI.nn:NT
??? ??002, by and betwee it RE13ECCA
'1'FIIS AGRLI?\II?Nl', made this I ? day o?
A. DODSON, of klechanicsburg, Cumberland County, pennsylvania (hereinalier referred to as
-WIFE") and DAVID A DODSON, of\iechanicsburg, Cumberland County, Pennsylvania
(hereinafter referred to as "I IUSBAND"):
WITNESSETII:
WHEREAS, the parties were married on September 22. 1984 at Mechanicsburg,
Cumberland County, Pennsylvania;
WHEREAS, the following children were born during the marriage: Mary Kathleen
Dodson, d.o.b. 3/31/88, and David Charles Dodson, d ob. 3/29/90;
NIIEREAS, 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, and the parties
hereto are desirous of settling filly 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 in relation to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the past, present and future support,
alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of
custody matters and in general, the settling ofany and all claims and possible claims by one against
their respective estates.
NO\V,'r1IEREFORE, 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, HUSBAND and WIFE,
each intending to be legally bound hereby covenant and agree as follows:
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INTERFERENCE: Each party shall be free from interference, authority, and
contact by the other, as fully as though 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 cohabitate 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.
2. AGREEMENT NOTA BAR TO DIVORCE PROCEEDINGS: 'this Agreement
shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to
either party. This Agreement is not intended to condone and shall not be deemed to be a
condonation on the part of either party hereto of any act or acts on the part of the other party which
have occasioned the disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof:
3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE tiled a
Complaint in Divorce in Cumberland County on November 3, 1999 claiming that the marriage is
irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby
expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute
any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce
pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all riglits to request
court ordered counseling under the Divorce Code. It is further specifically understood and agreed
by the parties that the provisions of this Agreement as to equitable distribution of property of the
parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated
by the Pennsylvania Divorce Code.
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Should a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
and that nothing in any such decree, judgment, order or further modification or revision thereof
shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties
shall remarry. It is the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
d. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted
and, stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have
been or may be instituted by the parties for the purpose of enforcing the contractual obligations of
the parties. This agreement shall not be merged in any such decree but shall in all respects survive
the same and be forever binding and conclusive upon the parties.
5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of
execution" or "execution date," defined as the date upon which it is executed by the parties if they
have each executed this Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
6. DISTRIBUTION DA'L'E: The transfer of property, funds and/or documents
provided for herein, shall only take place on the "distribution" date which shall be defined as the
date ofexecution ofthis Agreement unless otherwise specified herein. However, the support
and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this
Agreement.
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7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise,
release, quit-claim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title and interest, 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 situated, which he or she now
has or at any time hereafter may have against the other, the estate of such other or any part hereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by way
of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other
rights of a surviving spouse to participate 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
country or any rights which either party may have or at any time hereafter shall have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of
property, costs or expenses, whether arising as a result of the marital relations or otherwise, except,
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and
WIFE to give each other by the execution of this 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and
final resolution of any and all claims which each of the parties may have against the other for
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equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any
other claims pursuant to the Pennsylvania Divorce Code or the divorce laws ofany other
jurisdiction.
8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and
their legal effect have been fully explained to the parties by their respective counsel. WIFE had
previously been represented by Timothy J. Colgan, Esquire of Wiley, Lenox & Colgan, P.C.
However, Mr. Colgan's representation of WIFE has been withdrawn. WIFE is cognizant of her
right to seek other counsel for review of this Agreement and finalization of the divorce. However,
WIFE has chosen to negotiate directly with HUSBAND or HUSBAND's counsel. HUSBAND is
represented by Barbara Sumple-Sullivan, Esquire.
The parties acknowledge that each has received independent legal advice from counsel of
his or her own selection, that each has fully disclosed his or her respective financial situations to the
other including his or her property, estate, assets, liabilities, income and expenses, that each is
familiar with and fully understands the facts, including the property, estate, assets, earnings and
income of the other, and that each has been fully informed as to his or her legal rights and
obligations. Each of the parties acknowledges and agrees that, after having received such advise
and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable,
that it is being entered into freely, voluntarily, and in good faith and that the execution of this
Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or
illegal agreement. The parties further acknowledge that they have each made to the other a full and
complete disclosure of their respective assets, estate, liabilities, and sources of income and that they
waive any specific enumeration thereof for the purposes of this Agreement.
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9. WARRANTY AS TO EXISTING 013LIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the
other may be liable. Each party shall indemnify and hold harmless the other party for and against
any and all debts, charges and liabilities incurred by the other after the execution date of this
Agreement, except as may be otherwise specifically provided for by the terms of this Agreement.
11. PERSONAL PROPERTY AND DEBTS: The parties have divided between them,
to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other
articles of personal property which have heretofore been used by them in common, and neither
party will make any claim to any such items which are now in the possession or under the control
of the other. Should it become necessary, the parties each agree to sign any titles or documents
necessary to give effect to this paragraph upon request.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in the possession of the other, and which shall become the sole and separate property of the other
from the date of execution hereof.
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The parties acknowledge and warrant that, to the best of their knowledge, there are no
outstanding debts orjoint obligations of the parties. All joint credit cards have been paid in full.
Each party shall be responsible for any debt existing in his or her name alone.
12. DIVISION OF REAL PROPERTY: The partiesjointly owned real estate situated
at 916 Bonny Lane, Mechanicsburg, Cumberland County, Pennsylvania which property was sold.
The parties divided between them, to their mutual satisfaction, the proceeds from the sale of the
marital residence, and neither party will make any claim to any such proceeds which are now in the
possession or under the control of the other.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to the proceeds from the sale of
the marital residence which are in the possession of the other, and which shall become the sole and
separate property of the other tom the date of execution hereof.
13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess
certain bank accounts and the like in their respective names. They hereby agree that each shall
become sole owner of their respective accounts and they each hereby waive any interest in, or
claim to, any funds held by the other in any accounts.
14. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND
has certain retirement benefits. The parties agree to enter into a stipulation for a Qualified
Domestic Relations Order immediately upon execution of this Agreement which allows her a fifty
percent share of the retirement benefits computed as of the date of separation along with a pro rata
share of gains and losses since the date of separation. It is stipulated between the parties that this
marital asset is FIFTY-THREE THOUSAND FIVE HUNDRED TWENTY-FIVE DOLLARS and
06/100 ($53,525.06) as of December 31, 1999. Each party shall receive TWENTY-SIX
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THOUSAND SEVEN 1-1UNDRED SIXTY-TWO DOLLARS and 53/100 ($26,762.53), plus or
minus profit or losses since January 1, 2000.
15. MOTOR VEIIICLES: With respect to the motor vehicles owned by one or both of
the parties, they agree as follows:
(a) The 1995 Buick Century shall become the sole and exclusive property of WIFE.
WIFE shall assume the outstanding debt on the vehicle and indemnify and hold HUSBAND
harmless for same;
(b) The 1990 Nissan Pickup shall become the sole and exclusive property of
HUSBAND;
The parties shall execute the titles necessary to transfer ownership of the vehicles as set
forth above.
16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of property, be they real, personal
or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him
or her to dispose of the same as fully and effectively, in all respects and for all purposes as though
he or she were unmarried.
17. CUSTODY: Custody shall be governed by a stipulation of the parties being signed
concurrently with this Agreement and filed as a separate action in this court.
18. CHILD SUPPORT: Child support shall be determined in accordance with the
action Rebecca A. Dodson V. David A Dodson, Docket No. 862 S 2001, PACSES Case Number
798103923.
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19. INCOME TAX: The parties have heretofore filed joint Federal and State tax
returns. Both parties agree that: in the event any deficiency in Federal, State or local income tax is
proposed, or any assessment of ally such tax is made against either of them, each will indemnify
and hold harmless the other from and against any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such tax,
interest, penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to disclose the nature and extent of
his or her separate income on the aforesaid joint returns.
20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in
this Agreement without recognition of gain on such transfer and subject to the carry-over basis
provisions of said Act.
21. WAIVER OF ALIMONY: Except as othenvise provided herein, HUSBAND and
WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are
satisfactory with regard to spousal support, alimony pendente lite, maintenance, alimony, past,
present and future. The parties release and discharge the other absolutely and forever for the rest of
their lives from all claims and demands, past, present or future, for alimony, alimony pendente lite
or for any provision for support or maintenance. The parties further acknowledge that in
consideration of the transfers made herein each completely waives and relinquishes any and all
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I'.
claims and/or demands they may now have or hereafter have against the other for alimony, alimony
pendente lite, spousal support, counsel fees and court costs.
22. EFFECT OF DIVORCE. DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
23. BREACI I: If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election to sue for damages for such breach or seek such other
remedies or relief as ntav be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
24. WAIVER OF CLAIilIS: 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 shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor of the other's estate, and 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 such interests, rights and claims.
25. ENTIRE AGREEINIENT: This Agreement contains the entire understanding of due
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
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26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and
shall inure to the benefits ofthe parties hereto and their respective heirs, executors, administrators,
successors and assigns.
27. ADDITIONAL INSTRUD1 ENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
28. 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.
29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
30, FINANCIAL DISCLOSURE.: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. The parties acknowledge that there has been no formal discovery
conducted in their pending divorce action and that neither party has filed an inventory and
appraisement as required by Section 3505(6) of the Pennsylvania Divorce Code. Notwithstanding
the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at
any time prior to the date of execution of this Agreement that was not disclosed to the other party
or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event
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that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the
right to petition the Court of Common Pleas of Cumberland County to make equitable distribution
of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or
expenses incurred by the other party in seeking equitable distribution of said asset.
Notwithstanding, the foregoing Agreement shall in all other respects remain in full force and effect.
31. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of
the same or similar nature.
32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
33. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
N WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
WITNESS
WITNESS
C'u. ?iLYI?JI
SEAL)
RE ECCA A. DODSON
L(SEAL)
DAVID A. DODSON
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) SS.
COUNTY OI'
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared REBECCA A. DODSON, who being duly anirnted according to law,
deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement
Agreement are true and correct to the best of her knowledge, information and belief.
subscribed to before me this ?U/w day of VrCf? CII , 2002.
Y
My commission expires: (SEAL)
NOTARIAL SEAL
JOSEPH FARINA, Notary Public
Archbald Soro., Lackawanna County
M Commission Expires Jan. 12, 2044
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND )
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared DAVID A. DODSON, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement
Agreement are true and correct to the best of his knowledge, information and belief
and subscribed to before me this ? day of % Qli,?/? 2002.
My ?orh i ton expires: MOTARULs
J 1EIINEftE L FRApp(?ROTAItY P4BL1Q
IAECHAMICSBURG BORO., CUMBPAlARO CO.
NYC01ANI3SIORIXPIRESIULY30 2006
(SEAL)
Draft - 10/25/2002 11)
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1.1.15
REBECCA A. DODSON,
Plaintiff
V.
DAVID A. DODSON,
Defcndant
IN THE COURT OP CONINION PLEAS
CUNIBE-RLAND COUNTY, PENNSYLVANIA
NO. 99-6635
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPI:'1'0'1'I2ANSiN71'1' 12ECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry ofa
divorce decree:
1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce code.
2. Date and manner of service of the complaint: Acceptance of Service dated November
16, 1999.
3. Date of eXecution of the affidavit of consent required by §3301(c) ofthe Divorce
Code: by Plaintifl':.lanu:uy 27, 2003; by Defendant: January 30, 2003.
4. Related claims pending: None. All matters have been resolved between the parties
pursuant to the Marital Settlement Agreement dated December 20, 2002 and incorporated,
but not merged, into the Decree. See Paragraph 3, page 4 of lire Agreement.
5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Protlionotary:
February 6, 2003. Date Defendant's Waiver of Notice in §330 (c Divorce was filed with
Prothonotary: February 6, 2003. / 11
Dated: February 5, 2003
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-193 1
(717)-774-1445
Supreme Court ID ;032317
Attorney for Plairttifl`
UP?C..dG ?1
^4ins::Lt?
13arbara Sumplc Sullk-an, lisquire
Supreme Court 1132317
5.19 13ridge S11 eel
New Cumberland, PA 17070
(717) 774-1415
REBECCA A. DODSON,
Plaintifl,
V.
DAVID A. DODSON,
Defendant
IN THE COURT OP COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6635
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
1, Barbara Suntple-Sullivan, Esquire, do hereby certify that on this date, I served a true
and correct copy of the foregoing Plaintifl's Praecipe to Transmit Record, in the above-
captioned matter upon the following individual by first class mail, postage prepaid, addressed as
follows:
DATED: February 5, 2003
Ms. Rebecca A. Dodson
1 River Street
Archbald, PA 18403
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
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REBECCA A. DODSON
{'S.
DAVID A. DODSON
Plaintiff
Defendant
IN T11E COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. c7c/
CIVIL ACTION -- LAW
NOTICE TO DEFEND AND CLAIM RICHTS
YOU IJAVE BEEN SURD IN COURT. IF YOU WISII TO DEFEND AGAINST THE CLAINIS SET FORTI I IN
TTIE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ART: WARNED TI IAT IF YOU VAIL TO
DO SO, THE CASE MAY PROCEED WI-1.1IOU'I- YOU AND A DECREE OF DIVORCE Olt ANNULMENT MAY BE
ENTERED AGAINST YOU BY'TT IE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY
OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS 13Y -1.11E PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION 01: YOUR
CHILDREN.
WI IEN TI It: GROUND FOR T111-1 DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE
MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE IN TI-IE OFFICE OF TI II: PROTHONOTARY AT TI IE CUMBERLAND COUNTY COUR'T'HOUSE, I
COURTI-IOUSE SQUARE. 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 Oil TELEI'IIONE THE OFFICE SET FORTH 13ELOW TO FIND
OUT WHERE YOU CAN GF.T LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTYAVENUE
CARLISLE, PA 17013
(717)249-3166
IZE13LCCA A. DODSON
N'S.
DAVID A. DODSON
Plaintiff
Defendant
IN'1'III? COIIR'1'01, COiiMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL, AC'T'ION -- LAN
COMPLAIN"I' IN DIVORCE:
AND CONIES NOW, REBECCA A. DODSON, by her attorney,'T'imothy J. Colgan,
Esq., and fill's the following Petition:
1. Plaintifl', REBECCA A. DODSON, resides at 916 Donny Lane, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. Defendant DAVID A. DODSON resides at 916 Botany Lane, Mechanicsburg,
Cumberland County, Pennsylvania 17055,
:,. REBECCA A. DODSON, Plaintifl; and DAVID A. DODSON, Defendant, have been
bona fide residents in the Commonwealth for at least siN months immediately previous to the filing
of this Complaint.
4. The Plaintill'and Defendant were married September 22, 1954 at Mechanicsburg,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. Neither party is presently a member of the Armed Forces on active duty.
7. The parties have not entered into a written agreement as to alimony, counsel fees, costs,
and properly division.
S. Plaintiff has been advised that counseling is available and that plaintilllnay have the
right to request that the court require the parties to participate in counseling. Being so advised,
Plaintifl'does not request that the Court require the parties to participate in counseling prior to a
Divorce Decree being issued by the Court.
9.The cause of action and sections of Divorce Code under which Plaintifl'is proceeding
are:
(a) §3301(a)(6). Defendant has offered such indignities to Plaintitt;
the innocent and injured spouse, as to render her condition
intolerable and life burdensome.
(b) §3301(c). The marriage orlhe parties is irretrievably broken.
10. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage
between the Plaintiff and Defendant.
COUNT 11
REQUEST FOR EQUITABLE DIsTRIBIITION OF MARITAL PROPFRTV UNDER
§3502(a) OF THE DIVORCE CODE
11. The allegations of Paragraphs one (1) through ten (10) are incorporated herein by
reference as thous-h set forth in full.
12. Plaintiff and Defendant have individually orjointly acquired property during the
marriage, in which they individually orjointly have legal or equitable interest, which marital
I
j property is subject to equitable distribution.
I
i
WHEREFORE. Plainliffrequests the Court to determine and equitably distribute, divide
j
or assign said marital property, pursuant to §3502(a) oft he Divorce Code.
COUN'r III -- ALIiNIONY
13. Paragraphs one ( I ) through twelve (12) are incorporated herein by reference as though
set forth in fill.
14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
15. Plaintiff requires reasonable support to adequately maintain herselfin accordance with
the standard of living established during the marriage.
WHEREFORE, Plaintiffrequests the Court to enter an award of alimony in her favor.
COUNT IV -- ALINIONY PRNDRNTR 1 ITF COUNSEL REFS COSTS AND
EXPENSES
16. Paragraphs one (1) through fifteen (15) are incorporated herein by reference as though
set forth in fill.
17. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable
attorney's fees for said counsel.
18. Plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, Plaintiff requests the Court enter an award of Alimony Pendente Lite,
interim counsel fees, costs and expenses, until Iinal hearing and thereupon award such additional
counsel fees, costs and expenses as deemed appropriate.
Dated: 10-27-?q
Respecttidly submitted,
"fii mothyJ. &at quvc
WILEY, LENOX & COLGAN, P.C.
I South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
LID, 107944
Z Lm
VERIFICA'T'ION
I, REBECCA A. DOTSON, verify that the statements made in this document 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 Is Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date: /o/a 71109 ?Jod
ItL'BECCA A. DO:DSON
Plaintiff p
REBECCA A. DODSON I IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
VS. I No. 99-6635
DAVID A. DODSON
Defendant I CIVIL ACTION -- LAW
ACCEPTANCE OF SERVICE
I, DAVID A. DODSON. Defendant in the above-captioned matter, have accepted service
of the Complaint as of this, the _S_ day of _
. 1999.
DAVID A. DODSON
/L( CS ON NV (.2Q r4Z
Address
rn_Qr I aNicZ •r-, . UOSrt-
City, State "Lip ?7
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Barbara Smnplc-Sullivan, I?squire
Supreme Court #323 17
5.19 Bridge Street
New Cumberland. PA 17070
REBECCA A DODSON,
Plaintiff
IN'I'I11- COURTOP CUMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v
DAVID A. DODSON,
Defendant
NO. 99-6635
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 3, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service ofthe 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. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if l do not claim tht nt before a divorce is granted.
5. I verify that the statements made in this affidavit are true and correct. I
understand that fitlse statements are made subject to the penalties or l s pl. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: _r;0 iao?
R bccca :?. Dodson
G?lt-ruc,z lc
wpm
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COMMONWEALT14 OF PENNSYLVANIA )
) SS.
COUNTY OP ??' k A ??? nJn?9 )
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared REBECCA A. DODSON, who being duly affirmed according to
law, deposes and says that the facts and matter set forth in the within and foregoing
AFFIDAVIT OF CONSENT are true and correct to the best of her knowledge, information and
belief.
a
Affirmed and subscribed to before me this _ day ofJ qua , 2003.
hloWrial seal
Sherry L Emershmv, P'o!ary Public
wilkas nsmc• LUZnme county
my commis' or ?-?^?•'__Sepl 29, 2003
c. n -:rv .urn J NManP.S
NOTARY PUBLIC
My Commission Expires:
(SEAL)
J.
:e
Now
Bnrbarr Suniple-Sullivan, Esquire
Supreme Court 1132317
539 Bridge Slrect
New Cumberland, PA 17070
(717) 774-1445
REBECCA A DODSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID A. DODSON,
Defendant
NO. 99-6635
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OFINTEN'rION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
,43301(c) OF THE, DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that 1 may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that 1 will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is Filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
?¢?2?ZirtCacLdo?--
DAT :OD3
1 c ecca A. Dodson
7
COMMONWEALTH OF PENNSYLVANIA )
COUNTYOF )SS.
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County,
personally appeared REBECCA A. DODSON, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF
NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE are true and correct to the best of her knowledge,
information and belief.
Affirmed and subscribed to before me this ?7tn day of \/ntii,a.c;,L , 2003.
Notarial Seal
Sharry L. Emershaw. 1'ctar? C;rrfq
Wilkes.Barra. Luzeme z
My Commission Expires Sept %1 wn J
Member. r'mmsr?•?nia0.soc ?Pa: ?'?-.
NOTARY PUBLIC
My Commission Expires:
(SEAL)
_ _ ::.:??
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Barbara Suntple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
REBECCA A DODSON,
Plaintiff
V.
DAVID A. DODSON,
Defendant
IN TIME COURT OF COMMON PLEAS
CUNIBERLAND COUN"rY, PENNSYLVANIA
NO. 99-6635
CIVIL ACTION - LAN
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November'), 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry or a final decree of divorce after service of notice of
intention to request entry of the decree.
4. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 1 verify that the statements made in this affidavit are true and correct. 1
.i
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: N A0103
David A. Dodson
;::
Barbara Sample-Sullivan, Esquire
Supreme Coun 1132317
549 Bridgc Slrcet
Nc%v Cumberland. PA 17070
(717) 774-1445
REBECCA A DODSON,
Plaintiff
V.
DAVID A. DODSON,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6635
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
,43301(c) OR THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
DATE: D/ 1301a
DAVID A. DODSON
,??;
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REBECCA A. DODSON
VS.
DAVID A. DODSON
Plaintiff
Defendant
IN TIIE COURTOF CONIMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99-6635
ACTION IN DIVORCE
RULE.
AND NOW, this
day of /- .F.F ? ' , 2002, upon
consideration of the foregoing Petition for Leave to Withdraw Appearance, the Court grants a
rule to show cause why the appearance of Timothy J. Colgan, Esquire, on behalf of Plaintiff,
Rebecca A. Dodson, should not be allowed to be withdrawn.
f?- C14 .r Gi.F rev f?Ulu
Rule returnable en
f he I I f !` it n r .. e.. r. .r"i,.
•V II
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REBECCA A. DODSON
IN THE cOUR"I' OF COMMON PLEAS
01, 'CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
%IS.
DAVID A. DODSON
Defendant
No. 99-6635
AC•rION IN DIVORCE
ORDER
AND NOW, this dayof 2003, upon
consideration of the verified Petition of Plaintiff's Counsel For I-cave'fo Withdraw, it is hereby
ORDERED and DECREED that said petition is GRANTED and that Petitioner,'fimothy J.
Colgan, Esquire, be permitted to withdraw his appearance of record for the Plaintiff in the above
matter.
REBECCA A. DODSON
Plaintiff
Vs.
DAVID A. DODSON
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99-6635
AC'T'ION IN DIVORCE
PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW
The petition of Timothy J. Colgan, Esquire, respectfully represents:
1. Petitioner was retained by the Plaintiff on October 27, 1999 to represent her in the
above-captioned matter.
2. Despite repeated attempts to contact the Plaintiff. the Plaintiff has not responded to
Petitioner's inquiries.
3. Based upon the Plaintiffs refusal to conununicate with Petitioner, the Petitioner
believes, and therefore avers, that he is unable to continue to represent the Plaintiff effectively.
4. This matter has not been scheduled fora Master's Hearing and no other hearings are
presently scheduled before the Court.
5. Withdrawal of Pctitioncr from this cast will not materially prejudice the Plaintiff or
delay any pending litigation.
6. The Plaintiff and counsel for the Defendant, Barbara Suntple-Sullivan, Esquire, have
been given at least 20 days notice of the Petitioner's intent to seek the Court's permission to
withdraw ti-om the case. Copies of Petitioner's letters are attached as Exhibits A and B.
7. Neither the Plaintiff "Or OPPOSIng C llnsel lnavc
voiced :mY opposition to Polit Oiler
desire to withdraw from the case.
WHEREFORE, r\ttorncY •f'mo'lly .1. Colgan t'cqucsts that this I lonorablc Court Permit
him to «'ithdraw as counsel in this action.
Dated:
Respectfully submitted,
'fimothy.. gall, ire
WILE1', LENO\, COLGAN
?L M ARZ'LP.CCO, P.C.
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
I.D. 077944
i
THE WIL)CY GROUP
Attut'glc:%n 0t L;IW
Wiley • Lenox • Cohan • t`larzzacco • RC.
May 22, 2002
Barbara Sump le-Sul livan, Esquire
549 Bridge Street
New Cumberland, PA 17070
In re: Dodson v. Dodson
No. 99-6635
Dear Barbara:
Enclosed please find the proposed Order and Petition of Plaintiff's Counsel for Leave to
Withdraw. I intend on submitting this Proposed Order and Motion 20 days from the date of this
letter if I have not heard from you voicing an objection to my withdrawal.
Very truly yours,
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
by Timothy J. Colgan
TJC/saf
Enclosure
E EXHIBIT
)an N1. Wiley • David J. Lenox • Timothy J. Colgan • Christopher J. Marzzacco • Christine J. Taylor
South Baltimore Street • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432.0426
Offices in Harrisburg • York • Carbondale
1 64
THEWILEN" GROUP'
V,Viley • Lends • Cul;an • i?1,tn_t,u.cu • RC.
May 22, 2002
Rebecca Dodson
906 Allenview- Drive
Mechanicsbur.-, PA 17055
Dear Rebecca:
I have not heard from you with regard to your divorce action in many months. Therefore,
I intend on filing the attached Order and Petition to Withdraw as your attorney twenty days from
the date of this letter if I have not heard iron you voicing an objection to my withdrawal. Please
give this matter your immediate attention.
Very truly yours,
WILEY, LENO\, COLGAN
& MARZZACCO, P.C.
by Timothy J. Colgan
TJC/saf
Enclosure
EXHIBIT
Jan M. Wiley • David 1. Lenox • Timothy 1. Colgan • Cnristoplier 1. Marzzacco • Christine 1. Taylor
1 South Baltimore Street • Dillsburg, PA 17019 - Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426
Offices in Harrisburg - York • Carbondale
l.'lz'I'IhICATE OR SERVICE.
I, Timothy.l. Colgan, Esquirc hereby certi I'v that I ant this clay serving a copy of the
foregoing document upon the person(s) and in the mmzner indicated below, which service
satisfies the requirements of the Pennsylvania Rides oe Civil Procedure, by depositing a copy of
same in the United States mail, first-class, postage prepaid, as follows:
Rebecca A. Dodson
906 Allenview Drive
Mechanicsburg, PA 17055
Date:
Barbara Sumple-Sullivan, Esquire
549 Brid.-c Street
New Cumberland, PA 17070-1931
VJILEY, LENO\, COLGAN
S. MARZZACCO, P.C.
Attorneys at Law
By:
'Timothy J. Colg ?f:`sgttire
Supreme COart I.D. #77944
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
?,A
REBECCA A. DODSON IN T111: CouR'1' ol, COMMON PLEAS
01.- CUMBERLAND COUNTY,
PENNSYLVANIA
PlaintilT
vs. No. 99-6635
DAVID A. DODSON
Defendant ACTION IN DIVORCE:
Cr RTIFIC'•: F QUE12VIC1:
1,'rimotby J. Colgan, Esquire hereby certify 11,1111,1111 this day serving a copy of the Rude
signed by Judge Fless datcd August 5, 2002 and attached Petition of Plaintiffs Counsel for Leave
to Withdraw upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class, postage prepaid, as follows:
Rebecca A. Dodson
906 Allcnvicw Drive
Mechanicsburg, PA 17055
Date: 8- y-o
Barbara Sample-Sullivan, Esquirc
549 Bridge Street
New Cumberland, PA 17070-193'.
\VILEY, LENO\, COLGAN
& NIARJ_%ACCO, P.C.
Attomcys at Law
By: `/
'Iin'otl • luirc
Supreme Court I.D. 1177944
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
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RE131?CC:? :?. DODSON
OhCUU131?R1.:1ND COUNTY,
PENNSYLVANIA
L
D:\VID A. DODSON
i
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AND NOW. Iris
IN "I'llh; COURT OP COMMON PLEAS
Plaiulil'f
No. 99-663$
Defendant I ACTION IN DIVORCE
ORDER
3' dayof_ 1y,?. Gv---- 2002, upon
consideration ofTimothy.i. Colgan. Esquire's motion, it is hcrcbyORDERED that the rule
"'Ilich was issued in the ahovc-captioned matter on August 5, 2002 to show cause why he should
not be permilted to withdraW a;. counsel for Plaintiff Rebecca A. Dodson, is made absolute, that
l'intothy.l. Colgan, E'squire's petition to Withdraw as counsel for Plaintiff Rebecca A. Dodson is
granted.
BY TI IE cOUR"I':
u?SEP2 12: f,
PENNS ? LV?N!4
REBECCA A. DODSON
Plaintiff
vs.
IN '1'111: COURT' Oh COiNI'i%ION PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99-6635
DAVID A. DODSON
Defendant
ACTION IN DIVORCE
PLAINTIFF'S COUNSEL'S NTOTION TO NIAKE
RULE TO SHOW CAUSE ABSOLUTE
Tintothy.l. Colgan, Esquire respectfully moves this Court to make absolute the Rule to
Show Cause which was issued in the above-captioned matter on August 5, 2002 and in support
states the following:
1. Timothy.. Colgan, Esq., counsel for Plaintiff Rebecca A. Dodson in the above
captioned matter, filed a Petition For 1-cave To Withdraw As Counsel on July 26, 2002.
2. Oil August 5, 2002, this Court issued a Rule to Show Cause why he should not be
allowed to withdraw as counsel, returnable 20 days from the date of service of the Rule on all
parties.
3. On August 14, 2002, Timothy J. Colgan, Esq. caused a copy 01`111C Rule to be served
on Rebecca A. Dodson and Barbara Sumple-Sullivan, Esquire, counsel for Defendant David A.
Dodson, by regular mail. A true and correct copy of the Certificate of Scrrvice is attached as
Exhibit "A."
4. Rebecca A. Dodson and counsel for David A. Dodson have failed to answer the
petition to date.
WHEREFORE, Timothy.l. Colgan, Esquire rcqucsts that this Cowl make the Ride to
Show Cause absolute and grant Timothy J. Colgan, Esquire's Petition For I-cave To Withdraw
As Counsel for Rebecca A. Dodson.
Respectfully submitted,
Dated:
Timotlly.l. coE-5 III re
WILEY, LENOX, COLGAN &
MARZZACCO, P.C.
I South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
I.D. #7794}
C?
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REBECCA A. DODSON
IN TILE COURT OF CONINION PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
VS.
DAVID A. DODSON
No. 99-6635
Defendant ACTION IN DIVORCE
CERTIFICATE OF SERVICE
I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the Rule
signed by Judge Fless dated August 5, 2002 and attached Petition of Plaintiffs Counsel for Leave
to Withdraw upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class, postage prepaid, as follows:
Rebecca A. Dodson Barbara Sumple-Sullivan, Esquire
906 Allenview Drive 549 Bridge Street
Mechanicsburg, PA 17055 New Cumberland, PA 17070-1931
Date:
WILEY, LENOY, COLGAN
& MARZZACCO, P.C.
Attorneys at Law
By: /
Timothy J. uire
Supreme Court I.D. 4177944
I South Baltimore Street
Dillsburg, PA 17019 _
(717) 432-9666
EXHIBIT
A
._' .. __ ?._.. ... Jul
(
REBECCA A. DODSON IN'1'lll? COUIrr O1, COnIi ION PLEAS
OF CUMBERLAND COUNTY, !!
I)ENNSVIA'ANIA
Plaintiff
i
es. No. 99-6635
DAVID A. DODSON
Defendant Ac'nON IN DIVORCE
CERTIEICA'rE OP SERVICE
1, Timothy J. Colgan, Esquire hereby certify that I am this clay serving a copy of the
foregoing doctmicnt upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rulcs of Civil Procedure, by depositing a copy of
same in the United Slates mail, first-class, postage prepaid, as follows:
Rebecca A. Dodson
906 Allenview Drive
Mechanicsburg, PA 17055
Date: '7-17-G4
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
\VILEY, LENOX, COLGAN
& MARZZACCO, P.C.
Attorneys at Law
BY: X'/a
Timothy J. Colgan, s tirc
SUpremc Court I.D. #77944
I South Baltimore Strcet
Dillsburg, PA 17019
(717) 432-9666
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7o.l
Plaintiff
VS.
Defendant I ACTION IN DIVORCE
PRAF.CIPE FOR NVITIIDRAAVAI. OF A MARNCNCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance as counsel for Rebecca A. Dodson in the above-captioned
REBECCA A. DODSON
DAVID A. DODSON
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99-6635
matter.
Dated:
Respectfu lysubmittcd,
Timothy J. Colgan, - quire
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
1 South Baltimore Street
Dillsburg, PA 17019
(717) 432-9666
REBECCA A. DODSON
VS.
DAVID A. DODSON
OURT OF CO',VLVIOr
ERLAND COUNTY,
7VANIA
PlaintifNo. 99-6635
Defendant ACTION IN DIVORCE
ORDER
AND NOW, this 2 3 day of 2002, upon
consideration of Timothy J. Colgan, Esquire's motion, it is hereby ORDERED that the rule
which was issued in the above-captioned matter on August 5, 2002 to show cause why he should
not be permitted to withdraw as counsel for Plaintiff Rebecca A. Dodson, is made absolute, that
Timothy J. Colgan, Esquire's petition to withdraw as counsel for Plaintiff Rebecca A. Dodson is
granted.
BY THE COURT:
J.
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REBECCA W. DODSON,
Plaintiff
v.
DAVID A. DODSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 99-6635 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of October, 2002, it
appearing that docket activity has occurred recently in the
above-captioned case, the case is stricken from the purge
list, and shall remain active.
Timothy J. Colgan, Esquire
For the Plaintiff
/Barbara Sumple-Sullivan, Esquire
For the Defendant
Court Administrator
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,
By the Court,