HomeMy WebLinkAbout01-6132 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN,
Plaintiff
VS.
DENISE R. DUNCAN,
Defendant
CIVIL ACTION - LAW
:
;
: NO.
:
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the office of
the Prothonotary at Cumberland County Courthouse, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEyS AT LAW -- 126 EAST KING STREET SHIPPENSBURG, pA 17Z57-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN,
Plaintiff
VS.
DENISE R. DUNCAN,
Defendant
CIVIL ACTION - LAW
NO. 01- / 3
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE
AND NOW, comes the above named Plaintiff, Darren P. Duncan, by and through
his attorneys, Weigle, Perkins and Associates, and Joseph P. Ruane, Esquire, and seeks to obtain
a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more
fully set forth:
Plaintiff, Darren P. Duncan, is an adult individual presently residing at 313 Main Street,
Waynesboro, Franklin County, Pennsylvania 17268, since October 2001.
Defendant, Denise R. Duncan, is an adult individual presently residing at 84 Rustic
Drive, Shippensburg, Cumberland County, Pennsylvania 17257, since February 1999.
The Plaintiff and Defendant are nationals and citizens of the United States of America,
and both have been bona fide residents of the Commonwealth of Pennsylvania for at least
six (6) months immediately previous to the filing of the Complaint in Divorce.
The Plaintiff and Defendant were married on October 27, 1990, in Shippensburg,
Cumberland County, Pennsylvania.
There have been no prior actions of divorce or for annulment between the parties.
Plaintiff has been advised that counseling is available and the Plaintiff may have the fight
to request that the court require the parties to participate in counseling.
7. The man'iage is irretrievably broken.
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEyS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG' pA 17257-1397
8. The parties have lived separate and apart since October 29, 2000.
9. The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff~prays your Honorable Court to enter a Decree in Divorce
from the bonds of matrimony and for such other and further relief to which Plaintiff shall
be entitled.
WEIGLE, PERKINS & ASSOCIATES
By:
ane, Esquire
Plaintiff
Attorney ID #71577
126 East King Street
Shippensburg, PA 17257
Telephone 717-532-7388
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYs AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce 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.
Dated: 0b X Icl, ,9001
Darren P. Duncan, Plaintiff
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHiPPENSBURG' pA ~7257-1397
MARK, WEIGLE AND PERKINS, A~UI~ORNEYS AT LAW
126 EAST ,KING, STREET. SHIPPENSSURG. PENNA. 17257 TELErIIOnI~: (717) 532-7388 .FAX: (717..~ 532-6552
MARK, WEIGLE AND PERKINS, ATTORNEYS AT LAW
126 EAST I(~G STREet, SmrrENSEURO. PZNNn. 17257 TELEPHONE: (717) ~2-7388
Fnx: (717) 532-6552
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN,
Plaintiff
VS.
DENISE R. DUNCAN,
Defendant
CIVIL ACTION - LAW
NO. 01-6132
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTI I OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
Rhonda R. Wolfbrd, being duly sworn according to law, deposes and says that on
November 2, 2001, true and attested copies of Complaint in Divorce Under Section 3301(c)
or 3301(d) with Notice to Defend were served upon the Defendant, Dcnise R. Duncan.
Manner of scrvice: by mailing the same postage paid, certified mail, addresscc only, and return
receipt requested, at Shippensburg, Pennsylvania, addressed as follows:
84 Rustic Drive
Shippensburg, PA 17257
~O~A R. WOLFO~
Sworn to and subscribed
beforc me this ~5 ~'' day
of_ }~,~' mh~t ,2001.
N~tary Public
I NotadalSeal I
Patrlda L. Tome, Notary Publio I
8111R:~mlmrg Boro, Cumbedand County I
My Commission Expires June 7, 2004 I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN p. DUNCAN,
Plaintiff
VS.
DENISE R. DUNCAN,
Defendant
CIVIL ACTION - LAW
NO. 01-6132
IN DIVORCE
PROOF OF SERVICE
m
· Complete items 1, 2, and 3. Alao complete
, item 4 it Re~c't~ Dellve(,y is desired.
· Print your name and address on the reveme
so that we can tatum the card to you.
· Attach this ~ to the back of the mailplece,
or on the fro~t if space permlt~.
mNo
1~' C.,e~Uffe~ Mall
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~eRetum Receipt for Memhe~dlse
C.O.D.
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WE]GLE' PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- lZ6 E, AST KING STREET -- SH]PPENSBURI3, PA 17257 1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN,
Plaintiff
DENISE R. DUNCAN,
Defendant
: CIVIL ACTION - LAW
:
:
: NO. 01-6132
;
_,
: IN DIVORCE
CIVIL
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 26, 2001.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
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 unswom
falsification to authorities.
Dated:
Denise R. Duncan, Defendtu~t
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KINg STREET SHIPPENSBURG, PA 172S7-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN, : CIVIL ACTION - LAW
Plaintiff :
:
vs. : NO. 01-6132 CIVIL
;
DENISE R. DUNCAN, :
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(c) AND § 3301(d} OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divome 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 tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom
falsification to authorities.
Dated:
Denise R. Duncan, Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN, : CIVIL ACTION - LAW
Plaintiff :
:
vs. : NO. 01-6132 CIVIL
;
DENISE R. DUNCAN, :
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 26, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a fmai decree of divorce after service of notice of intention to request
entry of the decree.
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 unswom
falsification to authorities.
Dated: ~o~ ~/~) ~)--
Darren P. Duncan, Plaintiff
WEIGLE & ASSOCIATES, AC. -- ATTORNEYS AT LAW -- 126 E~.ST KING STREET -- SHIPPENSBURG. PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN,
Plaintiff
VS.
DENISE R. DUNCAN,
Defendant
CIVIL ACTION - LAW
NO. 01-6132 CIVIL
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(e) AND § 3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
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 tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom
falsification to authorities.
Darren P. Duncan, Plaintiff
F'LE[)
02~R-6 PH3:I~
t2UMBERb~,; 4d COUNTY
PB'~!NSYLVANIA
Pag~ 1 of 8
SEPARATION AGREEMENT
TI{IS AGREEMENT, made this o~ ~]~. day of September, 2001, by and between DARREN P.
DUNCAN, hereinafter referred to as Husband, of 17167 Path Valley Road, Spring Run, Franklin
County, Pennsylvania 17262, and DENISE R. DUNCAN, hereinafter referred to as Wife, of 84 Rustic
Drive, Shippensburg, Cumberland County, Pennsylvania 17257.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on
October 27, 1990, in Shippensburg, Cumberland County, Pennsylvania.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are
desirous of settling some of their respective financial and property rights and obligations as between
each other.
NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants
and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto,
Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited
or absolute divorce on lawful grounds, if such grounds 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. The parties intend to secure a mutual consent, no-fault divorce pursuant
to the terms of Section 3301(c) of the Pennsylvania Divorce Code, as amended.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless 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.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated but not merged into any
divorce decree, which may be entered with respect to them.
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-1397
Page 2 of 8
4. DATE OF EXECUTION
The "date of execution" or "execution date" of the Agreement shall be defined as the date upon
which it is executed by the parties if they have each executed the Agreement on the same date.
of
Otherwise, the date of execution or "execution date" of this Agreement shall be defined as the date
execution by the party last executing this Agreement.
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to husband by
Joseph P. Ruane, Esquire, who is attorney for husband and who prepared this marital agreement. Wife
acknowledges that she has been advised of her right to seek independent legal counsel and she has
decided not to do so. The parties hereto further acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that
execution of this Agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements.
6. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be
free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as
fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or
her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or
employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass,
disturb or malign each other or the respective families of each other nor compel or attempt to compel the
other to cohabit or dwell by any means or in any manner whatsoever with him or her.
7. SEPARATION DATE
The parties do hereby acknowledge that they separated on October 29, 2000. It is hereby agreed
that October 29, 2000 shall be the separation date for purposes of equitable distribution under the
Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed
by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless
evidenced by written agreement.
8. MOTOR VEHICLES
A. The parties agree that Wife shall become the sole and exclusive owner of the parties'
1994 Pontiac Grand Prix motor vehicle. Husband hereby specifically waives, releases,
renounces and forever abandons whatever claims, if any, he may have with respect to the
Pontiac Grand Prix motor vehicle. Wife shall be solely responsible for all payments of
the debt secured by said motor vehicle owed to Frick Credit Union in the approximate
amount of $4,600.00. Wife shall indemnify and hold Husband harmless with respect to
the loan obligation owed to Frick Credit Union.
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA ~7257-1397
Page 3 of 8
Bo
The parties agree that Husband shall become the sole and exclusive owner of the parties'
2000 Dodge Ram motor vehicle. Wife hereby specifically waives, releases, renounces
and forever abandons whatever claims, if any, she may have with respect to the Dodge
Ram motor vehicle. Husband shall be solely responsible for all payments of the debt
secured by said motor vehicle owed to Chrysler Financial in the approximate amount of
$23,500.00. Husband shall indemnify and hold Wife harmless with respect to the loan
obligation owed to Chrysler Financial.
9. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets,
household equipment and appliances, vehicles, pictures, books, works of art and other personal property
and hereafter Wife agrees that ail of the property in the possession of Husband shall be the sole and
separate property of Husband and Husband agrees that ail of the property in the possession of Wife shall
be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce
and forever abandon whatever claims, if any, he or she may have with respect to the above items, which
shall become the sole and separate property of the other.
10. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full
power in him or her to dispose of the same as fully and effectively, in ail respects and for all purposes,
as though he or she were not married.
11. REAL ESTATE - MARITAL RESIDENCE
The parties agree that Wife shall become the sole and exclusive owner of the marital residence
real estate, together with improvements erected thereon, known as 84 Rustic Drive, situate in
Shippensburg, Cumberland County, Pennsylvania, and more specifically described in a deed dated
, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, at Deed Book , at Page Husband shall make, execute and
deliver all documents in the usual form conveying, transferring and granting to Wife all of his rights,
title and interest in and to the real estate situate and known as 84 Rustic Drive, Shippensburg,
Pennsylvania, when Wife refinances the hereinafter-mentioned mortgage loan. Wife shall be solely
responsible for all payments of the loan, secured by a mortgage on said real estate in the approximate
amount of $60,000.00 in favor of Green Point CRD (account number XXXX-XXXX-2229), and shall
indemnify and hold Husband harmless with respect to the loan obligation owed to Green Point CRD.
Wife shall refinance said loan obligation within one (1) year of the date of execution of this agreement
or said real estate shall be listed for sale.
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
Page 4 of 8
12. MARITAL DEBTS
A. Wife shall assume responsibility for payment of the following debts and Wife shall
indemnify and hold Husband harmless with respect to these debts:
1. Capital One Bank credit account in the approximate amount of $2,165.00;
2. Washington Mutual credit account in the approximate amount of $3,000.00; and
3. Citi Bank Visa credit account in the approximate amount of $7,685.00; and
4. First USA credit account in the approximate amount of $14,000.00.
B. Husband shall assume responsibility for payment of the following debts and Husband
shall indemnify and hold Wife harmless with respect to these debts:
1. Sears credit account in the approximate amount of $2,500.00;
2. Waypoint Bank account in the approximate amount of $5,500.00;
3. Lowes credit account in the approximate amount of $600.00;
4. Hudson United Bank account in the approximate amount of $7,800.00;
5. Bank of America, f.k.a. Trans America Financial Services account in the
approximate amount of $27,000.00; and
6. Citi Financial credit account in the approximate amount of $1300.00.
13. WAIVER OF SPECIFIED CLAIMS BY WIFE
Wife hereby waives any and all right to claim any interest or share in Husband's retirement,
pension or profit sharing plans, including any 401 (k) plan through his respective place of employment.
14. WAIVER OF SPECIFIED CLAIMS BY HUSBAND
Husband hereby waives any and all right to claim any interest or share in Wife's retirement,
pension or profit sharing plans, including any 401(k) plan through her respective place of employment.
15. WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that hc or she has 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
from 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.
16. WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband each covenant, warrant, represent and agree that each will now and at all
times hereafter save harmless and keep the other indemnified from 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 and that neither of them shall hereafter incur a liability
whatsoever for which the estate of the other may be liable.
WEI~iLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KIN~i STREET -- SHIPPENSBURG, PA 17257-1397
Page 5 of 8
17. LEGAL FEES
Husband shall pay the cost of legal fees incurred in preparation of this separation agreement.
18. INCOME TAX RETURNS
The parties agree to file separate federal and state income tax returns.
19. MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the
other and the estate of each 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 whatsoever nature and
wheresoever situate, which he or she now has or at any time hereafter may have against such other, the
estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements
or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy 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
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 other country, 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 the intention of Husband and Wife to give to 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.
20. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and signed
by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
21. DIVORCE
The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the
pennsylvania Divorce Code, as amended.
22. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and execute
acknowledge and deliver to the other party any and all future instruments and/or documents that the
other party may reasonably require for the purpose of giving full force and effect to the provisions of
this Agreement.
WEIGLE, PERKINS & ASSOCIATE5 -- ATTORNEYS AT LAW -- 126 E.~ST KING STREET -- SHIPPENSBURG, PA 17257-1397
Page 7 of 8
29. SEVERABILITY
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 provisions shall be
stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full
force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way void or alter the remaining obligations of the parties.
30. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted
solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect
its meaning, construction or effect.
31. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect have been fully explained to the parties
by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it
is being entered into voluntarily, and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
WITNESS:
DARREN P. DUNCAN
DENISE R. DUNCAN
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KINO STREET -- SHIPPENSBURG. PA 17257-1397
Page 8 of 8
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS
On this, the 0~ ~ day of ~_~3-~_Ox ~l~k. ,2001, before me a Notary Public,
the undersigned officer, personally appeared~Darren P. Duncan, known to me to be the person whose
name is subscribed to the within Agreement and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
(SEAL)
Patricia LTome nolary Publlo I
Sn~o~n~urgaoro, Cumb~r~mCou~ [--' .-~* ~.;'....~'-..
My Commission Expires June 7,
On this, the ! ~'~' day of tr~-Ol,~e~ ,2001, before me a Notary Public,
the undersigned officer, personally appeared Denise R. Duncan, known to me to be the person whose
name is subscribed to the within Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
NOTARIAL SEAL
DEBORAH WARREN, Notary Public
Shippensburg, Cumberland County
My Corem s~ion Expires N~¥: .~,?OOl
WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARREN P. DUNCAN, : CIVIL ACTION - LAW
Plaintiff :
vs. : NO. 01-6132 CIVIL
DENISE IL DUNCAN, :
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code.
Date and manner of service of the complaint: November 2, 2001, by mailing postage paid,
certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania.
Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code:
by Plaintiff, February 27, 2002
by Defendant February 15, 2002.
Related claims pending: None. The attached Separation Agreement between the parties dated
September 28, 2001, shall be incorporated but not merged into the Decree in Divorce pursuant to
the said Agreement.
Date Plaintiff's Waiver in § 3301(c) Divorce was filed with the prothonotary: March 6, 2002
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary:
February 27, 2002
WEIGLE & ASSOCIATES, P.C.
Attorney ID #71577
126 East King Street
Shippensburg, PA 17257
Telephone (717)532-7388
WEIGLE ~ ASSOCIATES, I~C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHllPPENSBURG, PA ~7257-1397
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
nAnU~ p. DU~CA~
Plaintiff
VERSUS
D~S~- R. DU~CA~
Defendant
NO. 01-6132
Decree IN
AND N OW,~JL(
DECREED THAT
AND
DIVORCE
DARRl~ P. DUNCAN
D~TISE R. DUNCAN
2002
IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JurISDICTION Of TH e FOLLOWINg CLAImS WhiCh HaVE
BEEN Raised OF Record iN THIS aCtiON fOR WhlCh a fiNal order has NOT
YET BeEN ENterED;
The attached Separation Agreement between the parties dated
September 28, 2001, shall be incorporated but not merged into
the Decree in Divorce pursuant to the said Agreement.
PROTHONOTARY