HomeMy WebLinkAbout07-7519NANCY L. DICKINSON,
Plaintiff
V.
WILLIAM G. DICKINSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 2007- 7S/9 CIVIL TERM
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY
LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
NANCY L. DICKINSON,
Plaintiff
V.
WILLIAM G. DICKINSON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
NO. 2007- CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OR (D)
OF THE DIVORCE CODE
Plaintiff, Nancy L. Dickinson, by her attorney, Lindsay D. Baird, Esquire, sets forth the
following:
1
Plaintiff, Nancy L. Dickinson, SS# 204-26-8371, is an adult individual residing at 1108
Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17103.
2
Defendant, William G. Dickinson, SS# 045-20-8640, is an adult individual residin a
2144 Highland Street, Apt 2-C, Allentown, Pennsylvania 18104. g t
3
The parties were married on June 19, 1954 in Dauphin County, Pennsylvania.
4
Plaintiff has lived continuously in the Commonwealth of Pennsylvania for at leas
months prior to the commencement of this action. t six
5
This action is not collusive.
6
There have been no prior actions for divorce or annulment in this or an othe
jurisdiction within the knowledge of the Plaintiff. y r
7
In accordance with Section 3301(C) of the Divorce Code, the marriage between the
parties is irretrievably broken.
8
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.
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff
be divorced from the Defendant.
COUNT II - EQUITABLE DISTRIBUTION
9
Paragraphs 1 through 8 of the Complaint are incorporated herein by reference set forth
in full.
10
Plaintiff and Defendant have acquired property, both real and personal during their
marriage from June 19, 1954 until the present.
11
Plaintiff and Defendant have been unable to agree as to an equitable division of said
property.
WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital
property.
COUNT III - ALIMONY
12
Paragraphs 1 through 11 of the pleading are incorporated herein by reference as
though set forth in full.
13
Petitioner requires reasonable support/alimony to adequately maintain herself in
accordance with the standard of living established during the marriage.
WHEREFORE, Petitioner requests your Honorable Court to enter an award of alimony.
COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES
14
Paragraphs 1 through 13 of the pleading are incorporated herein by reference as
though set forth in full.
15
Plaintiff does not have sufficient funds to support herself and pay counsel fees and
expenses incidental to this divorce action.
WHEREFORE, Plaintiff requests that this Court award just and reasonable alimony
pendente lite, counsel fees and expenses incidental to this action.
Respectfully submitted,
ndsay Dar B ird, Es uire
Attorney for Plaintiff
37 South Hanover Street
Carlisle, PA 17013
(717) 243-5732
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 Pacs§4904 relating to
unsworn falsification to authorities.
Nancy L. ' kinson, Plaintiff
W
rv
y
PROPERTY SETTLEMENT AGREEMENT
THIS IS AN AGREEMENT made this Zowiday of , 2008, by and between
William G. Dickinson, of 29-B Fretz Street, Hatfield, ennsylvania 19440, (hereinafter
referred to as Husband) and Nancy L. Dickinson, of 1108 Pheasant Drive North,
Carlisle, Pennsylvania 17013, (hereinafter referred to as Wife).
WHEREAS, The parties were married on June 19, 1954 in Dauphin County, PA; and
WHEREAS, various &fferences have arisen between Husband and Wife, whereby they
have been living separate and apart since March 2003; and
WHEREAS, the parties have agreed to maintain separate and permanent domiciles
and to live apart from each other; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all of
the property rights of the parties and to dispose of the rights and obligations of each to
the other in respect to support, maintenance, alimony, counsel fees, equitable
distribution, and all other rights and obligations under the Divorce Code of 1980, as
amended, and it is the intention and agreement of the parties that this Agreement be a
full, complete and final settlement of all of those rights and obligations under said
Divorce Code; and
NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be
bound by the provisions hereof, the parties agree that their recitals form a part of this
Agreement and waive any right to counseling under the Divorce Code of 1980, as
amended, and right to counsel fees, costs, alimony, support, maintenance, and any
other rights under the said Divorce Code not provided for herein and agree as follows:
1. SEPARATION. The parties agree that it shall be lawful for each party, at all times
hereafter, to live separate and apart from the other, at such place or places as he or
she may, from time-to-time, choose or deem fit. Each party shall be free from
interference, authority or contact by the other, as fully as if he or she were single and
unmarried, except as may be necessary to carry out the provisions of this Agreement
and as may be necessary to exchange information that pertains to the parties' minor
child. Neither party shall molest the other or attempt to endeavor to molest the other,
nor compel the other to cohabit with the other, or in any way harass or malign the other,
nor in any way interfere with the peaceful existence, separate and apart, from the other.
2. REAL ESTATE. Husband and Wife jointly own the marital residence located at
1108 Pheasant Drive North, Carlisle, Pennsylvania. The marital residence has no
outstanding mortgage and an assessed value of $89,900.00. Husband shall deed any
rights, title and interest he has in the marital residence to Wife and in exchange, Wife
shall pay Husband $45,000.00. Wife shall solely bear the financial responsibility of the
property and shall be solely responsible for all taxes, assessments, insurance and the
cost of maintenance on the marital residence. Wife shall indemnify and hold Husband
harmless from any liability, claims, causes of action, suits, or litigation for money owed,
damages, indirect or consequential, including legal fees, arising out of failure of Wife to
do so.
3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and
possession of the 1996 Nissan Maxima. Husband shall have as his sole and exclusive
property, title to and possession of the 1999 Lexus SUV. Each party shall cooperate
with title transfers, as applicable, indemnify and hold the other harmless from and
liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration,
insurance and/or inspection of the vehicle which each is taking as sole and exclusive
property.
4. PERSONAL PROPERTY. The parties have divided or have agreed to a division
of their personal property which includes bank accounts, certificates of deposit, life
insurance policies, jewelry, clothing, furniture and other personal items as follows:
A. The parties share a joint account with Edward Jones, #377-04386-1-6.
They shall divide the various investments such that each receives 50%,
B. Husband has three life insurance policies. Two are with Army-Air Force
Mutual Aid, #T-38196XOL and #38196-4XOL($40,400.00). The third is
with Mass Mutual, #6933201(38,716.00). Husband shall ensure that Wife
continues as the sole primary beneficiary of these policies with their
children, Nancy A. Dickinson and Frank S. Dickinson as the only alternate
beneficiaries, sharing 50/50. Wife shall continue to pay one-half of the
Mass Mutual insurance policy ($90.00) until the divorce is final,
C. Husband has an annuity with TIAA/CREF #13-183506-1 which shall pay to
Wife upon Husband's death,
D. The parties share investments with T. Rowe Price #520770985-3, Wells
Fargo #56-2899917017, and Vanguard #9894340980. The parties intend
to cash out and divide these investments 50/50 with each receiving
approximately $27,000.00 prior to the signing of this Agreement,
E. Husband has a retired military officer Survivor Benefit Plan. Wife shall
remain the beneficiary of this plan at Husband's death. Husband shall
cooperate, if needed, in changing the beneficiary language in the plan
from "Spouse" to "Former Spouse" as the divorce concludes, and
F. Wife possesses a Military Dependent ID card. Husband shall cooperate
with Wife ac needed for her to procure her permanent card.
After the aforesaid division of the personal property is complete, any and all
property in the possession of Husband shall be his sole and separate property. Any and
all property in the possession of Wife shall be her sole and separate property. Each
party forever renounces whatever claims he or she may have with respect to the
property which the other is taking. Each party understands that he or she has no right
or claim to any property acquired by the other after the signing of this Agreement.
5. DEBTS. The parties represent and warrant to each other that neither has
incurred any other debts nor made any other contracts for which the other or his/her
estate may be liable, from date of separation forward. Neither party shall contract nor
incur any debt or liability for which the other or his/her property or estate might be
responsible and agrees to indemnify the other from any claims made against the other
because of debts/obligiations not incurred by the other.
6. ALIMONY. The parties agree to monthly alimony payments to Wife as follows:
A. One-half of Husband's retired military pay (now $3,240.00),
B. One-half of Husband's TIAA/CREF annuity payment (now $810.00),
C. One-half of Husband's VA disability pay (now $225.00), and
D. One-half of the total of the parties' combined Social Security payments
(combined total now $1,630.00).
E. Wife waives any right to Husband's Allentown Rescue payroll.
7. EFFECTIVE DATE. The effective date of this Agreement shall be the date of
execution by the parties if they had each executed the Agreement on the same date.
Otherwise, the execution date of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
8. DIVORCE. A divorce action was initiated and filed at docket number 2007-7519
Civil Term in the Court pf Common Pleas of Cumberland County on December 17,
2007. Both parties agree to execute any and all affidavits or other documents
necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c ) of
the Divorce Code including waiver of all rights to request Court ordered counseling.
9. INCORPORATION INTO DECREE. Should a decree, judgment or order of
separation or 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 any such
separation or divorce; and that nothing in any such decree, judgment, order or further
modification and revision thereof shall alter, amend or vary any term of this Agreement,
whether or not either orlboth of the parties shall remarry, it being understood by and
between the parties hereto that this Agreement shall survive and shall not be merged
into any decree, judgment, or order of divorce or separation. It is specifically agreed,
however, that a copy of this Agreement or the substance of the provisions thereof, may
be incorporated by reference into any divorce, judgment or its decree. This
incorporation, however; shall not be regarded as a merger, it being the specific intent of
the parties to permit this Agreement to survive any judgment and to be forever binding
and conclusive upon the parties.
10. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit
claim or forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, from any and all rights, title and interest, or claims in
or against the estate of such other, of whatever nature and wherever situate, which he
or she now has or at anytime 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 or curtesy of 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 testamentary or all or other rights
of the surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of Pennsylvania, any state, commonwealth or territory of the United
States, or any other country or any right which either party may now have or at anytime
hereafter have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except and only except all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the breach
of any 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.
11. COUNSEL FEES. Each party individually covenants and agrees that he or she
will individually assume the full and sole responsibility for legal expenses for his or her
attorney and court costs, in connection with any divorce action which may be brought by
either party and shall make no claim against the other for such costs or fees.
12. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time-to-time, at
the request of the other, ';execute, acknowledge and deliver to the other party any and
all further instruments or, documents that may be reasonable required to give full force
and effect to the provisions of this Agreement.
13. MODIFICATION OR 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 the strict
performance of any of th'e provisions of this Agreement shall not be construed as a
waiver of any subsequerit default of the same or similar nature.
a
14. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other
than those expressly set forth herein.
15. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and
between the parties thereto that each paragraph hereof shall be deemed to be a
separate and independent agreement.
16. BREACH. 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 may be available to him or her and the party
breaching this Agreement shall be responsible for payment of legal fees and costs
incurred by the other in enforcing the rights under this Agreement, or in seeking such
other remedies or relief as may be available to him or her.
17. CONTROLLING LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
18. INVALIDITY OF PROVISIONS. 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.
19. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall
be binding and shall inure to the benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WITNESS
William G. Dickinson, Husband
Oda- /a
Nancy L. Dic nson, Wife
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NANCY L. DICKINSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 2007- 7519 CIVIL TERM
WILLIAM G. DICKINSON, IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a
copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead
and a Notice of Availability of Marriage Counseling was served on the Defendant, Wiliam G.
Dickinson, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said
return receipt evidencing delivery being attached hereto. Said service on December 21, 2007.
indsay D. Baird Esquire
Attorney for P tiff
37 South Hanover Street
Carlisle, PA 17013
717 - 243-5732
Sworn and Subscribed to
before me this 20th day
of June, 2008.
f ?' i La
Notary Public
CO?MQNWEALTH OF PENNSY
Notarial Seal
Niven J. Baird, Notary Public
Catltsle Boro, Cumbe? M County
Com ni$sion Expires Nov. 2, 2010
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NANCY L. DICKINSON,
Plaintiff
V.
WILLIAM G. DICKINSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
: NO. 2007- 7519 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 December 17, 2007.
2. Defendant acknowledged receipt and accepted service of the Complaint on
December 21, 2007.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. 1 consent to the entry of a final decree in divorce without notice.
5. 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.
6. 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.
7. 1 have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require counseling.
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. Section 4904 relating to unsworn falsification to authorities.
Date: ,3-. 30 0 g.
William G. Dickinson, Defendant
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NANCY L. DICKINSON,
Plaintiff
V.
WILLIAM G. DICKINSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 2007- 7519 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 December 17, 2007.
2. Defendant acknowledged receipt and accepted service of the Complaint on
December 21, 2007.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. 1 consent to the entry of a final decree in divorce without notice.
5. 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.
6. 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.
7. 1 have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require counseling.
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. Section 4904 relating to unsworn falsification to authorities.
Date: .OF
_
Nancy L. Dickinson, Plaintiff
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NANCY L. DICKINSON,
Plaintiff
V.
WILLIAM G. DICKINSON,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 2007- 7519 CIVIL TERM
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please, transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: 12/21/07, certified mail, restricted delivery,
return receipt.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce
Code: By Plaintiff: 5/30108; by Defendant: 5/30/08.
4. Related claims pending: None.
5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
&?-26, 09
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
G , -2L< - 0 8'
L
Lindsay Dar' rd, Esquire
Attorney for the Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
NANCY L. DICKINSON,
Plaintiff
No. 2007-7519
VERSUS
WILLIAM G. DICKINSON,
Defendant
DECREE IN
DIVORCE
AND NOW, IT IS ORDERED AND
DECREED THAT NANCY L. DICKINSON
AND
WILLIAM G. DICKINSON
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; NONE
The Property Settlement Agreement is incorporated but not merged into
the finhi decree.
BY THE COURT:
ATTAST: J
n
PROTH964TARY
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